By Turner of Harris H.B. No. 2632
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to autopsy reports.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter B, Chapter 671, Health and Safety
1-5 Code, is amended to read as follows:
1-6 SUBCHAPTER B. AUTOPSY REPORTS
1-7 Sec. 671.011. DEFINITION. (a) In this subchapter, "autopsy
1-8 report" includes:
1-9 (1) the report of the postmortem examination of the
1-10 body of a person, including x-rays and photographs taken during the
1-11 actual postmortem examination; and
1-12 (2) the toxicology report, if any, and other reports
1-13 that involve an examination of the internal organs and structures
1-14 of the body after dissection.
1-15 (b) An autopsy report does not include investigative reports
1-16 and other documents that the physician performing the autopsy may
1-17 review to assist in determining the cause of death.
1-18 Sec. 671.012. FILING AUTOPSY REPORT. A designated physician
1-19 who performs an autopsy provided for by state law shall file an
1-20 autopsy report with the office designated by the autopsy order not
1-21 later than the 30th day after date of request for the autopsy
2-1 unless:
2-2 (1) a required test cannot be completed within that
2-3 time; and
2-4 (2) the physician certifies when the autopsy report is
2-5 filed that a required test could not be completed within the 30-day
2-6 limit.
2-7 Sec. 671.013 [671.012]. RELEASE [COPIES] OF REPORTS; FEES.
2-8 (a) Except as provided by Subsection (b), an autopsy report is
2-9 subject to required public disclosure in accordance with Chapter
2-10 552, Government Code.
2-11 (b) A photograph or x-ray of a body taken during an autopsy
2-12 is excepted from required public disclosure in accordance with
2-13 Chapter 552, Government Code, but is subject to disclosure under a
2-14 subpoena or under authority of other law.
2-15 (c) An autopsy report shall be released on request to an
2-16 authorized person in connection with the determination of the cause
2-17 of death in relation to a workers' compensation or insurance claim.
2-18 A report released under this subsection must contain information
2-19 that is confidential or otherwise excepted from required public
2-20 disclosure under Subsection (b).
2-21 (d) A person who receives information under Subsection (c)
2-22 may disclose the information to others only to the extent
2-23 consistent with the authorized purpose for which the information
2-24 was obtained.
2-25 (e) The commissioners court of the county having custody of
3-1 an autopsy report shall establish a fee to be charged for a copy of
3-2 the autopsy report. The fee may not be less than $15 or more than
3-3 $25 for written portions of the report plus the actual cost of
3-4 reproduction, including overhead, for x-rays and photographs [A
3-5 copy of an autopsy report shall be furnished to a duly authorized
3-6 person on payment of a $5 fee].
3-7 SECTION 2. Section 11, Article 49.25, Code of Criminal
3-8 Procedure, is amended to read as follows:
3-9 Sec. 11. Records. The medical examiner shall keep full and
3-10 complete records properly indexed, giving the name if known of
3-11 every person whose death is investigated, the place where the body
3-12 was found, the date, the cause and manner of death, and shall issue
3-13 a death certificate. The full report and detailed findings of the
3-14 autopsy, if any, shall be a part of the record. Copies of all
3-15 records shall promptly be delivered to the proper district, county,
3-16 or criminal district attorney in any case where further
3-17 investigation is advisable. Except as provided by Section 671.013,
3-18 Health and Safety Code, the records are subject to required public
3-19 disclosure in accordance with Chapter 552, Government Code [Such
3-20 records shall be public records].
3-21 SECTION 3. This Act takes effect September 1, 1999.