1-1 By: Wentworth S.B. No. 785
1-2 (In the Senate - Filed March 2, 1999; March 3, 1999, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 12, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 9, Nays 0; April 12, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 785 By: Wentworth
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to autopsy reports.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subchapter B, Chapter 671, Health and Safety
1-13 Code, is amended to read as follows:
1-14 SUBCHAPTER B. AUTOPSY REPORTS
1-15 Sec. 671.011. DEFINITION. (a) In this subchapter, "autopsy
1-16 report" includes:
1-17 (1) the report of the postmortem examination of the
1-18 body of a person, including x-rays and photographs taken during the
1-19 actual postmortem examination; and
1-20 (2) the toxicology report, if any, and other reports
1-21 that involve an examination of the internal organs and structures
1-22 of the body after dissection.
1-23 (b) An autopsy report does not include investigative reports
1-24 and other documents that the physician performing the autopsy may
1-25 review to assist in determining the cause of death.
1-26 Sec. 671.012. Filing Autopsy Report. A designated physician
1-27 who performs an autopsy provided for by state law shall file an
1-28 autopsy report with the office designated by the autopsy order not
1-29 later than the 30th day after the date of request for the autopsy
1-30 unless:
1-31 (1) a required test cannot be completed within that
1-32 time; and
1-33 (2) the physician certifies when the autopsy report is
1-34 filed that a required test could not be completed within the 30-day
1-35 limit.
1-36 Sec. 671.013 [671.012]. RELEASE [COPIES] OF REPORTS; FEES.
1-37 (a) An autopsy report shall be released on request to an
1-38 authorized person in connection with the determination of the cause
1-39 of death in relation to a workers' compensation or insurance claim.
1-40 (b) A person who receives information under Subsection (a)
1-41 may disclose the information to others only to the extent
1-42 consistent with the authorized purposes for which the information
1-43 was obtained.
1-44 (c) The commissioners court of the county having custody of
1-45 an autopsy report shall establish a fee to be charged for a copy of
1-46 the autopsy report as follows:
1-47 (1) for written portions of the report, an amount
1-48 reasonably necessary to recover the cost of providing the copy, not
1-49 to exceed $25; and
1-50 (2) for x-rays and photographs, the actual cost of
1-51 reproduction, including the reasonable cost of overhead [A copy of
1-52 an autopsy report shall be furnished to a duly authorized person on
1-53 payment of a $5 fee].
1-54 SECTION 2. Section 11, Article 49.25, Code of Criminal
1-55 Procedure, is amended to read as follows:
1-56 Sec. 11. Records. The medical examiner shall keep full and
1-57 complete records properly indexed, giving the name if known of
1-58 every person whose death is investigated, the place where the body
1-59 was found, the date, the cause and manner of death, and shall issue
1-60 a death certificate. The full report and detailed findings of the
1-61 autopsy, if any, shall be a part of the record. Copies of all
1-62 records shall promptly be delivered to the proper district, county,
1-63 or criminal district attorney in any case where further
1-64 investigation is advisable. The records are subject to required
2-1 public disclosure in accordance with Chapter 552, Government Code,
2-2 except that a photograph or x-ray of a body taken during an autopsy
2-3 is excepted from required public disclosure in accordance with
2-4 Chapter 552, Government Code, but is subject to disclosure:
2-5 (1) under a subpoena or authority of other law; or
2-6 (2) if the photograph or x-ray is of the body of a
2-7 person who died while in the custody of law enforcement [Such
2-8 records shall be public records].
2-9 SECTION 3. This Act takes effect September 1, 1999.
2-10 * * * * *