SRC-JBJ H.B. 3265 76(R)BILL ANALYSIS


Senate Research CenterH.B. 3265
By: Uher (Madla)
Administration
5/13/1999
Committee Report (Amended)


DIGEST 

Currently, a justice of the peace is required to either direct a physician
to perform an autopsy or to certify that no autopsy is necessary, for each
body that is subject to an inquest.  If there are no indications of foul
play and the family members of the deceased person do not want an autopsy
performed, this situation may place an undue burden on the justice and the
county.  While the law authorizes a justice to waive the autopsy, many are
concerned with liability.  H.B. 3265 would require a justice of the peace
to either direct a physician to perform an autopsy or to certify that no
autopsy is necessary, at the justice's discretion. 

PURPOSE

As proposed, H.B. 3265 authorizes the justice of the peace to have the
discretion in certain autopsy matters regarding an inquest on a dead body. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 49.10(c), Code of Criminal Procedure, to require
a justice of the peace, in the justice's discretion, to direct a physician
to perform an autopsy or to certify that no autopsy is necessary, except as
required by Section 264.514, Family Code, for each body that is the subject
of an inquest. 

SECTION 2.Emergency clause.
  Effective date: upon passage.