Texas Vernon’s Civil Statutes
Sec. § 3.14
Confidentiality of Information About Members, Retirees, Annuitants, or Beneficiaries


(a)

Information contained in records that are in the custody of the police retirement system concerning an individual member, retiree, annuitant, or beneficiary is confidential under Section 552.101, Government Code, and may not be disclosed in a form identifiable with a specific individual unless:

(1)

the information is disclosed to:

(A)

the individual or the individuals attorney, guardian, executor, administrator, or conservator, or another person who the administrator of the police retirement system determines is acting in the interest of the individual or the individuals estate;

(B)

a spouse or former spouse of the individual after the administrator of the police retirement system determines that the information is relevant to the spouses or former spouses interest in member accounts, benefits, or other amounts payable by the police retirement system;

(C)

a governmental official or employee after the administrator of the police retirement system determines that disclosure of the requested information is reasonably necessary to the performance of the duties of the official or employee; or

(D)

a person authorized by the individual in writing to receive the information; or

(2)

the information is disclosed pursuant to a subpoena and the administrator of the police retirement system determines that the individual will have a reasonable opportunity to contest the subpoena.

(b)

This section does not prevent the disclosure of the status or identity of an individual as a member, former member, retiree, deceased member or retiree, or beneficiary of the police retirement system.

(c)

A determination and disclosure under Subsection (a) may be made without notice to the individual member, retiree, annuitant, or beneficiary.

(d)

If a disclosure under Subsection (a) is a disclosure of protected health information by a covered entity, as those terms are defined by the privacy rule of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E, the covered entity shall ensure that the authorization for the disclosure complies with all of the privacy rules applicable requirements, standards, and implementation specifications relating to authorizations for uses and disclosures of protected health information.
Source
Last accessed
Nov. 13, 2019