Regular Session
Texas Attorney General (Open Records Division) • County Medical Examiners • Justices of the Peace (acting as coroners)
Key implementation requirements and action items for compliance with this legislation
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This bill's path through the Texas Legislature
BILL ANALYSIS |
| H.B. 4490 |
| By: Smithee |
| Public Health |
| Committee Report (Unamended) |
| BACKGROUND AND PURPOSE The bill author has informed the committee that a county medical examiner's office plays a critical role in locating next of kin to ensure proper communication about autopsy processes and the release of remains for burial and to assist with providing medical history information in death investigations; however, in recent years such offices have received requests for next of kin data, such as names, relationships, addresses, and phone numbers, under state public information law from marketing firms who then sell this information to third parties. The bill author has further informed the committee that some families who are aware of this are deterred from cooperating with the medical examiner's office, ultimately hampering investigations and delaying processes. H.B. 4490 seeks to protect families' privacy and ensure that information may still be disclosed for legitimate purposes, such as law enforcement, by establishing that the disclosure of information relating to the next of kin of a decedent is excepted from state public information law but otherwise permitted for certain purposes.
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| CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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| RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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| ANALYSIS H.B. 4490 amends the Code of Criminal Procedure to establish that information relating to the next of kin of a decedent is excepted from required public disclosure in accordance with state public information law but is subject to disclosure under subpoena or authority of other law. The bill applies to a request for information that is received by a governmental body or an officer of public information on or after the bill's effective date. A request for information that was received before the bill's effective date is governed by the law in effect on the date the request was received, and the former law is continued in effect for that purpose.
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| EFFECTIVE DATE On passage, or, if the bill does not receive the necessary vote, September 1, 2025.
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| H.B. No. 4490 | ||
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| relating to an exemption from required disclosure of information | ||
| related to the next of kin of deceased persons. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 11, Article 49.25, Code of Criminal | ||
| Procedure, is amended by adding Subsection (d) to read as follows: | ||
| (d) The information relating to the next of kin of a | ||
| decedent is excepted from required public disclosure in accordance | ||
| with Chapter 552, Government Code, but is subject to disclosure | ||
| under subpoena or authority of other law. | ||
| SECTION 2. The change in law made by this Act applies to a | ||
| request for information that is received by a governmental body or | ||
| an officer of public information on or after the effective date of | ||
| this Act. A request for information that was received before the | ||
| effective date of this Act is governed by the law in effect on the | ||
| date the request was received, and the former law is continued in | ||
| effect for that purpose. | ||
| SECTION 3. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2025. | ||
| TO: | Honorable Gary VanDeaver, Chair, House Committee on Public Health |
| FROM: | Jerry McGinty, Director, Legislative Budget Board |
| IN RE: | HB4490 by Smithee (Relating to an exemption from required disclosure of information related to the next of kin of deceased persons.), As Introduced |
| Source Agencies: |
| LBB Staff: | JMc, NPe, BC, CWi |
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Common questions about HB4490
Effective June 20, 2025, HB4490 prohibits Medical Examiners and Justices of the Peace from releasing next of kin information under the Public Information Act (PIA). This legislation immediately severs the primary data pipeline for insurance adjusters, private investigators, and probate data aggregators, forcing a shift from administrative data requests to litigation-based subpoenas. Implementation Timeline Effective Date: June 20, 2025 (Immediately effective).
HB4490 was authored by Texas Representative John Smithee during the Regular Session.
HB4490 was signed into law by Governor Greg Abbott on June 20, 2025.
HB4490 is enforced by Texas Attorney General (Open Records Division), County Medical Examiners and Justices of the Peace (acting as coroners).
The compliance urgency for HB4490 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
The cost impact of HB4490 is estimated as "low". This may vary based on industry and implementation requirements.
HB4490 addresses topics including protection of personal information and subpoenas.
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