Certain military discharge records are confidential for 75 years, and a governmental body may disclose them only as allowed by this section or by court order.
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.