By: Wentworth S.B. No. 785
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
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
2-1 time; and
2-2 (2) the physician certifies when the autopsy report is
2-3 filed that a required test could not be completed within the 30-day
2-4 limit.
2-5 Sec. 671.013 [671.012]. RELEASE [COPIES] OF REPORTS; FEES.
2-6 (a) Except as provided by Subsection (b), an autopsy report is
2-7 subject to required public disclosure in accordance with Chapter
2-8 552, Government Code.
2-9 (b) A photograph or x-ray of a body taken during an autopsy
2-10 is excepted from required public disclosure in accordance with
2-11 Chapter 552, Government Code, but is subject to disclosure under a
2-12 subpoena or under authority of other law.
2-13 (c) An autopsy report shall be released on request to an
2-14 authorized person in connection with the determination of the cause
2-15 of death in relation to a workers' compensation or insurance claim.
2-16 A report released under this subsection must contain information
2-17 that is confidential or otherwise excepted from required public
2-18 disclosure under Subsection (b).
2-19 (d) A person who receives information under Subsection (c)
2-20 may disclose the information to others only to the extent
2-21 consistent with the authorized purposes for which the information
2-22 was obtained.
2-23 (e) The commissioners court of the county having custody of
2-24 an autopsy report shall establish a fee to be charged for a copy of
2-25 the autopsy report. The fee may not be less than $15 or more than
2-26 $25 for written portions of the report plus the actual cost of
3-1 reproduction, including overhead, for x-rays and photographs [A
3-2 copy of an autopsy report shall be furnished to a duly authorized
3-3 person on payment of a $5 fee].
3-4 SECTION 2. Section 11, Article 49.25, Code of Criminal
3-5 Procedure, is amended to read as follows:
3-6 Sec. 11. RECORDS. The medical examiner shall keep full and
3-7 complete records properly indexed, giving the name if known of
3-8 every person whose death is investigated, the place where the body
3-9 was found, the date, the cause and manner of death, and shall issue
3-10 a death certificate. The full report and detailed findings of the
3-11 autopsy, if any, shall be a part of the record. Copies of all
3-12 records shall promptly be delivered to the proper district, county,
3-13 or criminal district attorney in any case where further
3-14 investigation is advisable. Except as provided by Section 671.013,
3-15 Health and Safety Code, the records are subject to required public
3-16 disclosure in accordance with Chapter 552, Government Code [Such
3-17 records shall be public records].
3-18 SECTION 3. This Act takes effect September 1, 1999.