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AN ACT
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relating to expedited death certificates for religious purposes in |
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certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 193, Health and Safety Code, is amended |
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by adding Section 193.0025 to read as follows: |
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Sec. 193.0025. EXPEDITED DEATH CERTIFICATES FOR RELIGIOUS |
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PURPOSES IN CERTAIN COUNTIES. (a) This section applies only to a |
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county: |
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(1) with an office of medical examiner established in |
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accordance with Section 1, Article 49.25, Code of Criminal |
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Procedure; and |
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(2) for which the commissioners court of the county by |
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resolution elects for this section to apply. |
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(b) This section does not apply to a county that entered |
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into an agreement with another county to create a medical examiners |
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district under Section 1-a, Article 49.25, Code of Criminal |
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Procedure, unless: |
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(1) the office of medical examiner is located in the |
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county and the county has adopted a resolution described by |
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Subsection (a)(2); or |
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(2) notwithstanding Subsection (a), the county elects |
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for this section to apply in the agreement creating the district. |
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(c) An individual may submit to the person required to file |
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a death certificate under Section 193.002 a written request for the |
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person to expedite the completion of a decedent's death certificate |
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if the requestor demonstrates that: |
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(1) the expedited completion is necessary for |
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religious purposes; |
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(2) the decedent's remains will be interred, entombed, |
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buried, cremated, or otherwise laid to rest in a foreign country; |
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and |
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(3) the requestor is authorized to obtain a copy of the |
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death certificate. |
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(d) A person who receives a request under Subsection (c) |
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shall issue a copy of the decedent's death certificate to the |
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requestor not later than 48 hours after the time the person receives |
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the request unless an inquest will be conducted for the decedent. |
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(e) For purposes of completing an expedited death |
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certificate under this section, a medical examiner may: |
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(1) perform a medical examination; and |
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(2) complete the medical certification, provided: |
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(A) the medical examiner has access to the |
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decedent's medical history relevant to the death; |
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(B) the decedent's death is due to natural |
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causes; and |
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(C) the medical examiner serves as medical |
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examiner of the county in which the death occurred. |
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(f) The executive commissioner shall adopt rules necessary |
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to implement this section. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall adopt rules necessary to implement |
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Section 193.0025, Health and Safety Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1011 was passed by the House on April |
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9, 2021, by the following vote: Yeas 144, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1011 was passed by the Senate on May |
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19, 2021, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |