Sec. 552.140. EXCEPTION: CONFIDENTIALITY OF MILITARY DISCHARGE RECORDS. (a) This section applies only to a military veteran's Department of Defense Form DD-214 or other military discharge record that is first recorded with or that otherwise first comes into the possession of a governmental body on or after September 1, 2003.
(b) The record is confidential for the 75 years following the date it is recorded with or otherwise first comes into the possession of a governmental body. During that period the governmental body may permit inspection or copying of the record or disclose information contained in the record only in accordance with this section or in accordance with a court order.
(c) On request and the presentation of proper identification, the following persons may inspect the military discharge record or obtain from the governmental body free of charge a copy or certified copy of the record:
(1) the veteran who is the subject of the record;
(2) the legal guardian of the veteran;
(3) the spouse or a child or parent of the veteran or, if there is no living spouse, child, or parent, the nearest living relative of the veteran;
(4) the personal representative of the estate of the veteran;
(5) the person named by the veteran, or by a person described by Subdivision (2), (3), or (4), in an appropriate power of attorney executed in accordance with Subchapters A and B, Chapter 752, Estates Code;
(6) another governmental body; or
(7) an authorized representative of the funeral home that assists with the burial of the veteran.
(d) A court that orders the release of information under this section shall limit the further disclosure of the information and the purposes for which the information may be used.
(e) A governmental body that obtains information from the record shall limit the governmental body's use and disclosure of the information to the purpose for which the information was obtained.
Added by Acts 2003, 78th Leg., ch. 438, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 124 (H.B. 18), Sec. 1, eff. May 24, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1229 (S.B. 602), Sec. 30, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.040, eff. September 1, 2017.
Structure Texas Statutes
Title 5 - Open Government; Ethics
Chapter 552 - Public Information
Subchapter C. Information Excepted From Required Disclosure
Section 552.101. Exception: Confidential Information
Section 552.102. Exception: Confidentiality of Certain Personnel Information
Section 552.104. Exception: Information Related to Competition or Bidding
Section 552.105. Exception: Information Related to Location or Price of Property
Section 552.106. Exception: Certain Legislative Documents
Section 552.107. Exception: Certain Legal Matters
Section 552.108. Exception: Certain Law Enforcement, Corrections, and Prosecutorial Information
Section 552.1081. Exception: Confidentiality of Certain Information Regarding Execution of Convict
Section 552.1085. Confidentiality of Sensitive Crime Scene Image
Section 552.1101. Exception: Confidentiality of Proprietary Information
Section 552.111. Exception: Agency Memoranda
Section 552.113. Exception: Confidentiality of Geological or Geophysical Information
Section 552.114. Exception: Confidentiality of Student Records
Section 552.115. Exception: Confidentiality of Birth and Death Records
Section 552.116. Exception: Audit Working Papers
Section 552.1176. Confidentiality of Certain Information Maintained by State Bar
Section 552.118. Exception: Confidentiality of Official Prescription Program Information
Section 552.119. Exception: Confidentiality of Certain Photographs of Peace Officers
Section 552.120. Exception: Confidentiality of Certain Rare Books and Original Manuscripts
Section 552.121. Exception: Confidentiality of Certain Documents Held for Historical Research
Section 552.122. Exception: Test Items
Section 552.124. Exception: Confidentiality of Records of Library or Library System
Section 552.125. Exception: Certain Audits
Section 552.129. Confidentiality of Certain Motor Vehicle Inspection Information
Section 552.130. Exception: Confidentiality of Certain Motor Vehicle Records
Section 552.131. Exception: Confidentiality of Certain Economic Development Information
Section 552.1315. Exception: Confidentiality of Certain Crime Victim Records
Section 552.132. Confidentiality of Crime Victim or Claimant Information
Section 552.1325. Crime Victim Impact Statement: Certain Information Confidential
Section 552.133. Exception: Confidentiality of Public Power Utility Competitive Matters
Section 552.1331. Exception: Certain Government-Operated Utility Customer Information
Section 552.135. Exception: Confidentiality of Certain Information Held by School District
Section 552.136. Confidentiality of Credit Card, Debit Card, Charge Card, and Access Device Numbers
Section 552.137. Confidentiality of Certain E-Mail Addresses
Section 552.140. Exception: Confidentiality of Military Discharge Records
Section 552.141. Confidentiality of Information in Application for Marriage License
Section 552.142. Exception: Confidentiality of Records Subject to Order of Nondisclosure
Section 552.1425. Civil Penalty: Dissemination of Certain Criminal History Information
Section 552.143. Confidentiality of Certain Investment Information
Section 552.145. Exception: Confidentiality of Texas No-Call List
Section 552.147. Social Security Numbers
Section 552.151. Exception: Confidentiality of Information Regarding Select Agents
Section 552.153. Proprietary Records and Trade Secrets Involved in Certain Partnerships
Section 552.155. Exception: Confidentiality of Certain Property Tax Appraisal Photographs
Section 552.156. Exception: Confidentiality of Continuity of Operations Plan
Section 552.159. Exception: Confidentiality of Certain Work Schedules
Section 552.160. Confidentiality of Personal Information of Applicant for Disaster Recovery Funds
Section 552.161. Exception: Certain Personal Information Obtained by Flood Control District