SRC-DPW C.S.S.B. 785 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 785
By: Wentworth
State Affairs
4/12/1999
Committee Report (Substituted)


DIGEST 

Currently, Texas law does not define an "autopsy report" and autopsy
reports include photographs and x-rays taken during an autopsy.  The lack
of an explicit definition leads to uncertainty regarding materials required
to be included in an autopsy report, and it is reported that fees
authorized to be charged for copies of the autopsy report are inadequate to
cover costs.  This bill would define an "autopsy report," clarify statutes
relating to persons authorized to receive the report, limit public access
to autopsy photographs and x-rays, and authorize the commissioners court to
set fees for copies of the autopsy report, photographs, and x-rays. 

PURPOSE

As proposed, C.S.S.B. 785 sets forth procedures and guidelines for the
filing, release, and disclosure of autopsy reports. 

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 Chapter 671B, Health and Safety Code, as follows:

SUBCHAPTER B. AUTOPSY REPORTS

Sec. 671.011. New heading: DEFINITION. Defines "autopsy report."  Provides
that an autopsy report does not include investigative reports or certain
other documents. 

Sec. 671.012. New heading: FILING AUTOPSY REPORT.  Makes no changes.

Sec. 671.013. New heading: RELEASE OF REPORTS;  FEES.  Requires an autopsy
report to be released to an authorized person in connection with workers'
compensation or insurance claims.  Authorizes a recipient of information
under Subsection (a) to disclose confidential information only to the
extent consistent with the authorized purposes for which the information
was obtained.  Requires the commissioners court of the county having
custody of an autopsy report to charge a fee not to exceed $25 for written
portions of a report and the actual cost of reproduction, including the
reasonable cost of overhead for x-rays and photographs.  Deletes a
provision regarding a $5 fee. 

SECTION 2. Amends Section 11, Article 49.25, Code of Criminal Procedure, to
provide that medical records kept by a medical examiner are subject to
required public disclosure in accordance with Chapter 552, Government Code,
except that photographs or x-rays are excepted from required disclosure
under Chapter 522, but are subject to disclosure under a subpoena or
authority of other law, or if the photograph or x-ray is of a body of a
person who died while in custody of law enforcement.  Deletes provision
requiring such records to be public records. 

SECTION 3. Effective date: September 1, 1999.




 SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 671.013, Health and Safety Code, to require the
commissioners court of the county having custody of an autopsy report to
charge a fee not to exceed $25 for written portions of a report and the
actual cost of reproduction, including the reasonable cost of overhead for
x-rays and photographs.  Deletes a provision subjecting an autopsy report
to public disclosure.  Deletes a provision regarding a photograph or x-ray.
Deletes text requiring a report to contain certain information. 

SECTION 2.

Amends Section 11, Article 49.25, Code of Criminal Procedure, to provide
that photographs or x-rays are excepted from required disclosure under
Chapter 522, Government Code, but are subject to disclosure under a
subpoena or authority of other law, or if the photograph or x-ray is of a
body of a person who died while in custody of law enforcement.  Deletes
text regarding Section 671.013, Health and Safety Code.