| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to expedited death certificates for religious purposes in |
|
|
certain counties. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 193, Health and Safety Code, is amended |
|
|
by adding Section 193.0025 to read as follows: |
|
|
Sec. 193.0025. EXPEDITED DEATH CERTIFICATES FOR RELIGIOUS |
|
|
PURPOSES IN CERTAIN COUNTIES. (a) This section applies only to a |
|
|
county: |
|
|
(1) with an office of medical examiner established in |
|
|
accordance with Section 1, Article 49.25, Code of Criminal |
|
|
Procedure; and |
|
|
(2) for which the commissioners court of the county by |
|
|
resolution elects for this section to apply. |
|
|
(b) This section does not apply to a county that entered |
|
|
into an agreement with another county to create a medical examiners |
|
|
district under Section 1-a, Article 49.25, Code of Criminal |
|
|
Procedure, unless: |
|
|
(1) the office of medical examiner is located in the |
|
|
county and the county has adopted a resolution described by |
|
|
Subsection (a)(2); or |
|
|
(2) notwithstanding Subsection (a), the county elects |
|
|
for this section to apply in the agreement creating the district. |
|
|
(c) An individual may submit to the person required to file |
|
|
a death certificate under Section 193.002 a written request for the |
|
|
person to expedite the completion of a decedent's death certificate |
|
|
if the requestor demonstrates that: |
|
|
(1) the expedited completion is necessary for |
|
|
religious purposes; |
|
|
(2) the decedent's remains will be interred, entombed, |
|
|
buried, cremated, or otherwise laid to rest in a foreign country; |
|
|
and |
|
|
(3) the requestor is authorized to obtain a copy of the |
|
|
death certificate. |
|
|
(d) A person who receives a request under Subsection (c) |
|
|
shall issue a copy of the decedent's death certificate to the |
|
|
requestor not later than 48 hours after the time the person receives |
|
|
the request unless an inquest will be conducted for the decedent. |
|
|
(e) For purposes of completing an expedited death |
|
|
certificate under this section, a medical examiner may: |
|
|
(1) perform a medical examination; and |
|
|
(2) complete the medical certification, provided: |
|
|
(A) the medical examiner has access to the |
|
|
decedent's medical history relevant to the death; |
|
|
(B) the decedent's death is due to natural |
|
|
causes; and |
|
|
(C) the medical examiner serves as medical |
|
|
examiner of the county in which the death occurred. |
|
|
(f) The executive commissioner shall adopt rules necessary |
|
|
to implement this section. |
|
|
SECTION 2. As soon as practicable after the effective date |
|
|
of this Act, the executive commissioner of the Health and Human |
|
|
Services Commission shall adopt rules necessary to implement |
|
|
Section 193.0025, Health and Safety Code, as added by this Act. |
|
|
SECTION 3. This Act takes effect September 1, 2021. |