Tex. Code of Criminal Procedure § 49A.120

This is the official text of Tex. Code of Criminal Procedure § 49A.120, part of Texas’s Code of Criminal Procedure — sets the procedural rules for criminal cases in Texas.

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§ 49A.120. WITHHOLDING OF RECORDS NOT PERMITTED; EXCEPTIONS.

Official statutory text

(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).

Status: in_force · Read it on the official government site

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