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Signed Into Law
Signed June 20, 2025Effective 2025-06-20
HB4490

Regular Session

Relating to an exemption from required disclosure of information related to the next of kin of deceased persons.

Government Affairs & Regulatory Compliance Analysis

HB4490: Government Affairs Overview

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.

Rep. John Smithee·House Bill·Regular Session

Low
Low Cost
Effective:2025-06-20
Enforcing Agencies

County Medical Examiners • Justices of the Peace (acting as coroners) • Texas Attorney General (Open Records Division)

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HB4490
Relating to an exemption from required disclosure of information related to the next of kin of deceased persons.
Low Urgency
Passed with Opposition
House Vote143 - 1
YEA
99% in favor144 voting
Senate Vote31 - 0
YEA
100% in favor31 voting
1
Total Opposition Votes
Cost Impact
Low
Effective
2025-06-20
Enforcing Agencies
County Medical ExaminersJustices of the PeaceTexas Attorney General
Primary Author: Rep. John Smithee
89th Texas Legislature
jdkey.com
01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: June 20, 2025 (Immediately effective).
  • Compliance Deadline: June 20, 2025. Any PIA request received by a governmental body on or after this date regarding next of kin data will be denied.
  • Agency Rulemaking: No formal rulemaking is mandated; however, the Texas Attorney General’s Open Records Division will issue decisions (ORDs) over the next 6-12 months defining the specific scope of "information relating to" next of kin.

Immediate Action Plan

  • Purge Pending Requests: Withdraw or revise any PIA requests drafted but not yet sent; filing them now is futile.
  • Audit "Received" Dates: Check receipts for requests filed around June 19-20. If a request was received *before* June 20, the agency must process it under the old law. Appeal any denial to the AG immediately.
  • Draft Subpoena Templates: Legal departments must create standardized subpoena templates specifically targeting Medical Examiner records to minimize drafting time.
  • Source Diversification: Instruct investigators to prioritize non-governmental sources (obituaries, funeral home data, social media) before escalating to a subpoena.

Operational Changes Required

Contracts

  • Data Vendor Agreements: Review contracts with third-party "probate lead" or "death list" providers immediately. If their deliverables rely on scraping county medical examiner data, they are now in breach or will suffer immediate data quality degradation.
  • Client Retainers: Private investigators and law firms must update retainer agreements to specify that locating heirs may now require court intervention (subpoenas), authorizing the associated higher costs.

Hiring/Training

  • Workflow Modification: Direct claims processing and investigation teams to cease filing Chapter 552 PIA requests for next of kin contact info. These are now a waste of resources.
  • Legal Protocol: Train staff on the specific statutory triggers required to obtain a subpoena for this data.

Reporting & Record-Keeping

  • Denial Logging: Maintain a log of all PIA denials citing HB4490. This data is essential to identify if specific counties are over-redacting non-identifying narrative information from autopsy reports.
  • Subpoena Docketing: Enhance tracking systems to manage the increased volume of subpoenas issued to Medical Examiners, including service of process and return dates.

Fees & Costs

  • Operational Cost Increase: While the statutory fee for the record itself has not changed, the *cost of access* has increased significantly. You are moving from a low-cost/free PIA request model to a model requiring filing fees, service of process fees, and attorney time to draft subpoenas.

Strategic Ambiguities & Considerations

  • Scope of "Relating To": The statute exempts information "relating to" the next of kin. It is unclear if this protects only PII (name/address) or if it extends to the *existence* of next of kin or statements made by them in investigative narratives. Expect aggressive redaction by agencies initially.
  • "Authority of Other Law": The bill allows disclosure under "other law." It is currently undefined whether statutory beneficiaries under the Texas Insurance Code or Estates Code have automatic standing to demand these records without a subpoena. Legal counsel should prepare to test this exception.

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Mar 12, 2025
Passed House
May 1, 2025
Passed Senate
May 22, 2025
Signed
Jun 20, 2025
Effective
Jun 20, 2025
TopicsProtection of Personal InformationSubpoenas
03

House Authors

Rep. John SmitheeRepublican · Primary Author
Coauthors (2)

Senate Sponsor

Sen. Paul BettencourtRepublican · Primary Sponsor

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

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Related by Topic

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Quick Reference

Frequently Asked Questions

Common questions about HB4490

Q

What does Texas HB4490 do?

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.

Q

Who authored HB4490?

HB4490 was authored by Texas Representative John Smithee during the Regular Session.

Q

When was HB4490 signed into law?

HB4490 was signed into law by Governor Greg Abbott on June 20, 2025.

Q

Which agencies enforce HB4490?

HB4490 is enforced by County Medical Examiners, Justices of the Peace (acting as coroners) and Texas Attorney General (Open Records Division).

Q

How significant are the changes in HB4490?

The regulatory priority for HB4490 is rated as "low". Businesses and organizations should review the legislation to understand potential impacts.

Q

What is the cost impact of HB4490?

The cost impact of HB4490 is estimated as "low". This may vary based on industry and implementation requirements.

Q

What topics does HB4490 address?

HB4490 addresses topics including protection of personal information and subpoenas.

Q

What are the key dates for HB4490?

Key dates for HB4490: Effective date is 2025-06-20. Consult with legal counsel regarding applicability.

Need Strategic Guidance on This Legislation?

JD Key Consulting is an Austin, Texas-based government affairs firm led by James Dickey, former Chairman of the Republican Party of Texas. We specialize in Texas regulatory compliance and legislative strategy for data centers, energy, banking, and manufacturing.

Legislative data provided by LegiScanLast updated: January 11, 2026