🟩An Act relating to an exemption from required disclosure of information related to the next of kin of deceased persons
HB 4490
✅ HB 4490: Protecting Family Privacy After Death
What it says it does:
HB 4490 makes next-of-kin contact information collected by county medical examiners confidential under the Texas Public Information Act. It says this protects families from harassment and unwanted marketing after a loved one dies.
What it actually changes:
Before this bill, names, addresses, and phone numbers of relatives were public information. HB 4490 closes that access. Now only courts, law enforcement, or other lawful authorities can obtain the information. The public and media no longer can.
Who is pushing for it:
The bill was authored by Rep. John Smithee (R-HD86) and sponsored in the Senate by Sen. Paul Bettencourt (R-SD7). Support came from the Travis County Medical Examiner, Harris County Commissioners Court, City of Houston, El Paso County, and the Conference of Urban Counties.
Who benefits:
Families gain privacy and relief from aggressive marketing. County medical examiners avoid interference and maintain better cooperation with families.
Who gets left out or exposed:
Marketing and funeral service companies that used to buy next-of-kin contact lists lose access. Reporters and watchdog groups also lose an information channel that sometimes helped expose mishandled death investigations.
Why this matters long term:
The bill provides needed protection for grieving families but also adds another carveout to the Public Information Act. Each new exemption reduces public visibility into government records and can weaken transparency over time.
What to watch next:
Future sessions may see more privacy-based exemptions. Texans should make sure these remain narrow and do not become a way for agencies to hide information unrelated to personal privacy.
Bottom line:
HB 4490 is a humane fix that shields families from exploitation. It strengthens privacy but trims public access. The real test will be keeping the focus on dignity without letting transparency slip away.
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