1-1     By:  Chavez (Senate Sponsor - Harris)                 H.B. No. 2866

 1-2           (In the Senate - Received from the House April 27, 1997;

 1-3     April 29, 1997, read first time and referred to Committee on Health

 1-4     and Human Services; May 17, 1997, reported favorably, as amended,

 1-5     by the following vote:  Yeas 10, Nays 0; May 17, 1997, sent to

 1-6     printer.)

 1-7     COMMITTEE AMENDMENT NO. 1                               By:  Harris

 1-8           Amend the engrossed version of House Bill No. 2866, on page

 1-9     1, lines 41 and  59, by striking "three" and inserting the work

1-10     "five".

1-11                            A BILL TO BE ENTITLED

1-12                                   AN ACT

1-13     relating to the completion, filing, and registration of certain

1-14     death records.

1-15           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-16           SECTION 1.  Sections 193.004(a) and (b), Health and Safety

1-17     Code, are amended to read as follows:

1-18           (a)  The person required to file a death certificate shall

1-19     obtain [:]

1-20                 [(1)]  the required personal information from a

1-21     competent person with knowledge of the facts [; and]

1-22                 [(2)  the required medical certification from the

1-23     physician who was last in attendance on the decedent if the death

1-24     occurred with medical attendance].

1-25           (b)  The person required to file a fetal death certificate

1-26     shall obtain[:]

1-27                 [(1)]  the required personal information from the

1-28     person best qualified to furnish the information [; and]

1-29                 [(2)  the required medical certification from the

1-30     person in attendance at the fetal death if the death occurred with

1-31     medical attendance].

1-32           SECTION 2.  Section 193.005, Health and Safety Code, is

1-33     amended to read as follows:

1-34           Sec. 193.005.  PERSONAL INFORMATION [DEATH WITHOUT MEDICAL

1-35     ATTENDANCE].  (a)  A person required to file a death certificate or

1-36     fetal death certificate shall obtain the required medical

1-37     certification from an attending physician if the death occurred

1-38     under medical attendance for the care and treatment of the

1-39     condition or disease process that contributed to the death.

1-40           (b)  The attending physician shall complete the medical

1-41     certification not later than three days after receiving the death

1-42     certificate.

1-43           (c)  An associate physician, the chief medical officer of the

1-44     institution where the death occurred, or the physician who

1-45     performed an autopsy on the decedent may complete the medical

1-46     certification if:

1-47                 (1)  the attending physician is unavailable;

1-48                 (2)  the attending physician approves; and

1-49                 (3)  the person completing the medical certification

1-50     has access to the medical history of the case and the death is due

1-51     to natural causes.

1-52           (d)  If a death or fetal death occurs without medical

1-53     attendance or is otherwise subject to Chapter 49, Code of Criminal

1-54     Procedure, the person required to file the death or fetal death

1-55     certificate shall notify the appropriate authority of the death.

1-56           (e)  A person conducting an inquest required by Chapter 49,

1-57     Code of Criminal Procedure, shall:

1-58                 (1)  complete the medical certification not later than

1-59     three days after receiving the death or fetal death certificate;

1-60     and

1-61                 (2)  state on the medical certification the disease

1-62     that caused the death or, if the death was from external causes,

1-63     the means of death and whether the death was probably accidental,

1-64     suicidal, or homicidal, and any other information required by the

 2-1     state registrar to properly classify the death.

 2-2           (f)  If the identity of the decedent is unknown, the person

 2-3     conducting the inquest shall obtain and forward to the Department

 2-4     of Public Safety:

 2-5                 (1)  the decedent's fingerprints;

 2-6                 (2)  information concerning the decedent's hair color,

 2-7     eye color, height, weight, deformities, and tattoo marks; and

 2-8                 (3)  other facts required for assistance in identifying

 2-9     the decedent.

2-10           (g)  If the medical certification cannot be completed in a

2-11     timely manner, the person required to complete the medical

2-12     certification shall give the funeral director or the person acting

2-13     as funeral director notice of the reason for the delay.  Final

2-14     disposition of the body may not be made unless specifically

2-15     authorized by the person responsible for completing the medical

2-16     certification.

2-17           (h)  The person completing the medical certification shall

2-18     attest to its validity either by signature or by an electronic

2-19     process approved by the state registrar.

2-20           (i)  On receipt of autopsy results or other information that

2-21     would change the information in the medical certification on the

2-22     death certificate, the appropriate certifier shall immediately

2-23     report the change in a manner prescribed by the department to amend

2-24     the death certificate.  [(a)  If a death or fetal death occurs

2-25     without medical attendance, the funeral director or the person

2-26     acting as funeral director shall notify the local registrar of the

2-27     death.]

2-28           [(b)  The local registrar shall refer the case to the local

2-29     health authority for immediate investigation and certification.  If

2-30     there is no local health authority, the local registrar may

2-31     complete the death certificate or fetal death certificate and

2-32     return from the statement of relatives or other persons having

2-33     adequate knowledge of the facts.]

2-34           [(c)  The local health authority or local registrar, as

2-35     appropriate, shall refer the case to the justice of the peace or

2-36     the medical examiner, as appropriate, for inquest, investigation,

2-37     and certification if:]

2-38                 [(1)  the authority or registrar is in doubt as to the

2-39     cause of death; or]

2-40                 [(2)  the case is otherwise properly referable for

2-41     inquest.]

2-42           [(d)  If a case is referred for inquest, the person

2-43     conducting the inquest shall state in the death certificate or

2-44     fetal death certificate:]

2-45                 [(1)  the disease that caused the death or, if the

2-46     death was from external causes, the means of death and whether the

2-47     death was probably accidental, suicidal, or homicidal; and]

2-48                 [(2)  any information required by the state registrar

2-49     to properly classify the death.]

2-50           [(e)  If a case referred for inquest is of a person who was

2-51     not a resident of the registration district or was unknown in the

2-52     district, the person conducting the inquest shall obtain:]

2-53                 [(1)  the decedent's fingerprints;]

2-54                 [(2)  information concerning the decedent's hair color,

2-55     eye color, height, weight, deformities, and tattoo marks; and]

2-56                 [(3)  other facts required by the board for assistance

2-57     in identifying the decedent.]

2-58           [(f)  Fingerprints and information relating to other physical

2-59     identification marks required under Subsection (e) shall be placed

2-60     on a form prescribed by the department.  The report showing the

2-61     fingerprints and other physical identification marks shall be

2-62     attached to the death certificate or fetal death certificate.  The

2-63     state registrar shall forward a copy of the report to the

2-64     Department of Public Safety.]

2-65           SECTION 3.  Section 193.007, Health and Safety Code, is

2-66     amended to read as follows:

2-67           Sec. 193.007.  DELAYED REGISTRATION OF DEATH.  (a)  A death

2-68     that occurred more than 10 days but less than one year before the

2-69     date of an application for registration of death may be recorded on

 3-1     a death certificate and submitted for filing with the local

 3-2     registrar of the registration district in which the death occurred.

 3-3           (b)  To file a record of a death that occurred in this state

 3-4     but was not registered within one year of the date of death [in the

 3-5     period provided by Section 193.003], a person shall submit a record

 3-6     of the death to the county probate court in the county in which the

 3-7     death occurred.

 3-8           (c) [(b)]  The bureau of vital statistics shall furnish a

 3-9     form for filing records under this section.  Records submitted

3-10     under this section must be on the form furnished by the bureau.

3-11     The state registrar may accept a certificate that is verified as

3-12     provided by this section.

3-13           (d) [(c)]  The certificate must be supported by the affidavit

3-14     of:

3-15                 (1)  the physician last in attendance on the decedent

3-16     or the funeral director who buried the body;  or

3-17                 (2)  if the affidavit of the physician or funeral

3-18     director cannot be obtained:

3-19                       (A)  any person who was acquainted with the facts

3-20     surrounding the death when the death occurred;  and

3-21                       (B)  another person who was acquainted with the

3-22     facts surrounding the death but who is not related to the decedent

3-23     by consanguinity or affinity, as determined under Chapter 573,

3-24     Government Code.

3-25           (e) [(d)]  For each application under this section, the court

3-26     shall collect a $1 fee.  The court retains 50 cents of the fee and

3-27     the remaining 50 cents is allocated to the clerk of the court for

3-28     recording the certificate.

3-29           (f) [(e)]  Not later than the seventh day after the date on

3-30     which a certificate is accepted and ordered filed by a court under

3-31     this section, the clerk of the court shall forward to the bureau of

3-32     vital statistics:

3-33                 (1)  the certificate; and

3-34                 (2)  an order from the court that the state registrar

3-35     accept the certificate.

3-36           SECTION 4.  (a)  This Act takes effect September 1, 1997.

3-37           (b)  The change in law made by this Act applies to:

3-38                 (1)  any death that occurs on or after the effective

3-39     date of this Act; and

3-40                 (2)  any procedure relating to the administration of

3-41     death records that occurs on or after the effective date to which

3-42     the change may be made applicable without undue disruption of

3-43     services or administrative inconvenience.

3-44           SECTION 5.  The importance of this legislation and the

3-45     crowded condition of the calendars in both houses create an

3-46     emergency and an imperative public necessity that the

3-47     constitutional rule requiring bills to be read on three several

3-48     days in each house be suspended, and this rule is hereby suspended.

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