By: Wentworth S.B. No. 785
A BILL TO BE ENTITLED
AN ACT
1-1 relating to autopsy reports.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subchapter B, Chapter 671, Health and Safety
1-4 Code, is amended to read as follows:
1-5 SUBCHAPTER B. AUTOPSY REPORTS
1-6 Sec. 671.011. DEFINITION. (a) In this subchapter, "autopsy
1-7 report" includes:
1-8 (1) the report of the postmortem examination of the
1-9 body of a person, including x-rays and photographs taken during the
1-10 actual postmortem examination; and
1-11 (2) the toxicology report, if any, and other reports
1-12 that involve an examination of the internal organs and structures
1-13 of the body after dissection.
1-14 (b) An autopsy report does not include investigative reports
1-15 and other documents that the physician performing the autopsy may
1-16 review to assist in determining the cause of death.
1-17 Sec. 671.012. Filing Autopsy Report. A designated physician
1-18 who performs an autopsy provided for by state law shall file an
1-19 autopsy report with the office designated by the autopsy order not
1-20 later than the 30th day after the date of request for the autopsy
1-21 unless:
1-22 (1) a required test cannot be completed within that
1-23 time; and
1-24 (2) the physician certifies when the autopsy report is
2-1 filed that a required test could not be completed within the 30-day
2-2 limit.
2-3 Sec. 671.013 [671.012]. RELEASE [COPIES] OF REPORTS; FEES.
2-4 (a) An autopsy report shall be released on request to an
2-5 authorized person in connection with the determination of the cause
2-6 of death in relation to a workers' compensation or insurance claim.
2-7 (b) A person who receives information under Subsection (a)
2-8 may disclose the information to others only to the extent
2-9 consistent with the authorized purposes for which the information
2-10 was obtained.
2-11 (c) The commissioners court of the county having custody of
2-12 an autopsy report shall establish a fee to be charged for a copy of
2-13 the autopsy report as follows:
2-14 (1) for written portions of the report, an amount
2-15 reasonably necessary to recover the cost of providing the copy, not
2-16 to exceed $25; and
2-17 (2) for x-rays and photographs, the actual cost of
2-18 reproduction, including the reasonable cost of overhead [A copy of
2-19 an autopsy report shall be furnished to a duly authorized person on
2-20 payment of a $5 fee].
2-21 SECTION 2. Section 11, Article 49.25, Code of Criminal
2-22 Procedure, is amended to read as follows:
2-23 Sec. 11. Records. The medical examiner shall keep full and
2-24 complete records properly indexed, giving the name if known of
2-25 every person whose death is investigated, the place where the body
2-26 was found, the date, the cause and manner of death, and shall issue
3-1 a death certificate. The full report and detailed findings of the
3-2 autopsy, if any, shall be a part of the record. Copies of all
3-3 records shall promptly be delivered to the proper district, county,
3-4 or criminal district attorney in any case where further
3-5 investigation is advisable. The records are subject to required
3-6 public disclosure in accordance with Chapter 552, Government Code,
3-7 except that a photograph or x-ray of a body taken during an autopsy
3-8 is excepted from required public disclosure in accordance with
3-9 Chapter 552, Government Code, but is subject to disclosure:
3-10 (1) under a subpoena or authority of other law; or
3-11 (2) if the photograph or x-ray is of the body of a
3-12 person who died while in the custody of law enforcement [Such
3-13 records shall be public records].
3-14 SECTION 3. This Act takes effect September 1, 1999.