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Autopsy agency seeks law exemption


Saturday, November 07, 2009

An autopsy-performing agency that does work for many East Texas counties has asked the Texas Attorney General's Office to determine whether it must comply with state open records laws.

The Southeast Texas Forensic Center, which has offices in Tyler, Beaumont and Conroe, submitted the question to the state Oct. 6 after Central Texas document consultant David Fisher requested autopsy reports from the center's Beaumont office in September and August. Fisher approached the attorney general's office after Southeast Forensics referred him to the county that requested the autopsies.

Gregg County authorities send a "significant portion" of ordered autopsies to the center's Tyler office, said Justice of the Peace B.H. Jameson. He said he is not sure how many autopsies are sent to the center because each justice of the peace can choose where an autopsy is performed.

In a copy of Southeast Forensic's request for an opinion obtained this week, the center's attorney said an assistant attorney general asked the center to ask for the opinion. Thomas Kelley, an attorney general's office spokesman, said it is common for agencies to approach the office for guidance regarding public information laws. He said the office asked Southeast Forensics to seek the ruling so the issue could be addressed formally.

Denise Gremillion, the center's attorney, said in the request that the center has always responded to requests for autopsy information by referring people to local justices of the peace. The reports are available to the public through the justices' offices because the justices order the autopsies.

The state's Public Information Act generally requires all government agencies to respond promptly to most information requests. It exempts some agencies and some information.

Gremillion argues the center is not a "governmental body," but instead provides services under a contract typical of vendors and purchasers. She writes that the center does not receive public funds in "general support" for its business, and therefore the private company does not meet the state's definition of a government body. By not meeting the definition, Gremillion said the center is exempt from public information laws.

Under state law, the Texas Attorney General's Office must provide a ruling on the request by Dec. 11.

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