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.