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Highlights 77th Texas Legislature - Senate

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STATE AFFAIRS<br />

Issues<br />

FFAIRS/Public Information & Privacy<br />

77 th <strong>Texas</strong> <strong>Legislature</strong><br />

• the identifying information the person seeking to have expunged was falsely given by the arrestee<br />

as the arrestee’s identifying information without the consent of the person seeking expunction; and<br />

• the only reason for the identifying information being contained in the arrest records and files is that<br />

the information was falsely given by the arrestee as the arrestee’s identifying information.<br />

Sets out what must be contained in a petition to expunge the identifying information.<br />

Sets out the duties of an official, agency, or other entity upon receiving an order granting expunction.<br />

Disclosure of Information Regarding Officers’ Resignation or Termination - S.B. 1583<br />

by Senator Van de Putte<br />

House Sponsor: Representative Hinojosa<br />

Reports or statements submitted to the <strong>Texas</strong> Commission on Law Enforcement Officer Standards and<br />

Education (TCLEOSE) regarding an officer’s employment record are confidential and not subject to public<br />

disclosure. The behavior of officers is something to which many citizens action and police oversight groups<br />

pay close attention. In addition, the truthfulness of officers when testifying may not be properly gauged if<br />

the public is not aware of the officer's on-duty conduct.<br />

Excepts from confidentiality requirements those reports or statements submitted to TCLEOSE, if the officer<br />

resigned or was terminated due to substantiated incidents of excessive force or violations of law other than<br />

traffic offenses.<br />

Disclosure of Medical Billing Records Regarding a Patient - H.B. 398<br />

by Representative Smith<br />

<strong>Senate</strong> Sponsor: Senator Nelson<br />

In some instances, there has been confusion over the ability or right of an individual to procure personal<br />

billing records regarding medical services provided to the individual. While physicians are required to<br />

provide medical records within a set time period after receiving a written request, current law does not<br />

specify a time limit for billing records, and individuals may have to wait a lengthy period of time to receive<br />

their records.<br />

Provides that an exception to the privilege of confidentiality in a court or administrative proceeding exists in<br />

a disciplinary investigation or proceeding conducted under this subtitle, if the <strong>Texas</strong> State Board of Medical<br />

Examiners (board) protects the identity of any patient whose billing records are examined other than certain<br />

patients.<br />

Requires physicians who have denied a request to release certain medical records, in whole or in part, to<br />

place a copy of the statement denying the request in the patient's billing records, if the request was for<br />

billing records, or in the medical records, if the request was for medical records.<br />

<strong>Senate</strong> Research Center 288

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