Texas House bill by Rep. Smithee exempts next of kin info from public disclosure

Passed bill authored by State Rep. John Smithee seeks to protect the privacy of next of kin information for deceased persons by exempting it from public disclosure, while allowing release under legal authority, following approval in both chambers, according to the Texas Legislature website.

In the House, 60 Democrats and 83 Republicans voted in favor of the bill, while one Republican opposed it.

Meanwhile, in the Senate, 11 Democrats and 20 Republicans voted in favor, with no opposing votes.

John Smithee introduced the bill in the Texas House on Wednesday, March 12, during the 89th regular legislative session.

Smithee graduated from West Texas A&M with a BBA and again from Texas Tech University Law School with a JD.

Smithee, a Republican, was elected to the Texas State House in 1985 to represent the state’s 86th House district, replacing previous state representative Bob Simpson.

According to the Texas Legislature, the bill’s official text was summarized as follows: ‘Relating to an exemption from required disclosure of information related to the next of kin of deceased persons’.

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, the bill amends the Code of Criminal Procedure to exempt information related to the next of kin of deceased persons from public disclosure, aligning with Chapter 552, Government Code. However, this information may still be disclosed under subpoena or other legal authority. The changes apply to information requests received by a governmental body or public information officer on or after the bill’s effective date. Requests received before the effective date are subject to the law as it was when the request was made. The bill will take effect immediately if it secures a two-thirds majority vote in each legislative house; otherwise, it will become effective on Sept. 1, 2025.

The bill was co-authored by Rep. Penny Morales Shaw (Democrat – District 148) and Rep. Maria Luisa Flores (Democrat – District 51).

The bill received its final legislative approval on Thursday, May 22, and was signed into law by Gov. Greg Abbott on Friday, June 20.

Bills in Texas go through a multi-step legislative process, including committee review, debates, and votes in both chambers before reaching a final decision. Each session, there are typically thousands of bills introduced, but only a portion successfully navigate the process to become law.

You can read more about the bills and other measures here.