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AN ACT
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relating to the use of information and records acquired during a |
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fatality review and investigation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 672.009, Health and Safety Code, is |
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amended by adding Subsection (e) to read as follows: |
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(e) Information, documents, and records that are |
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confidential as provided by this section are not subject to |
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subpoena or discovery and may not be introduced into evidence in any |
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civil or criminal proceeding. A document or other information that |
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is otherwise available from another source is not protected from |
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subpoena, discovery, or introduction into evidence under this |
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subsection solely because the document or information was acquired |
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by a review team in the exercise of its duties under this chapter. |
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SECTION 2. The change in law made by this Act applies to a |
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civil or criminal proceeding commenced on or after the effective |
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date of this Act. A civil or criminal proceeding commenced before |
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the effective date of this Act is governed by the law as it existed |
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immediately before that date, and that law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3303 was passed by the House on April |
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22, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3303 was passed by the Senate on May |
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18, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |