Withholding of Records Not Permitted; Exceptions

Art. 49A.120. WITHHOLDING OF RECORDS NOT PERMITTED; EXCEPTIONS. (a) Except as provided by Subsection (b) and subject to a discretionary exception under Chapter 552, Government Code, records described by Article 49A.119(b) may not be withheld. (b) A photograph or x-ray of a body taken during an autopsy is excepted from required public disclosure under Chapter 552, Government Code, but is subject to disclosure: (1) under a subpoena or under other law; or (2) if the photograph or x-ray is of the body of a person who died while in the custody of law enforcement. (c) A governmental body, as defined by Section 552.003, Government Code, may withhold a photograph or x-ray under Subsection (b) without requesting a decision from the attorney general under Subchapter G, Chapter 552, Government Code. This subsection does not affect the disclosure of a photograph or x-ray that is otherwise required by Subsection (b). Added by Acts 2025, 89th Leg., R.S., Ch. 202 (H.B. 1610), Sec. 1.01, eff. April 1, 2027. Text of article effective on April 01, 2027