1-1                                   AN ACT
 1-2     relating to the establishment of an adult fatality review team and
 1-3     to the reporting and investigation of certain adult deaths;
 1-4     providing a penalty.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subtitle A, Title 8, Health and Safety Code, is
 1-7     amended by adding Chapter 672 to read as follows:
 1-8            CHAPTER 672.  ADULT FATALITY REVIEW AND INVESTIGATION
 1-9           Sec. 672.001.  DEFINITIONS.  In this chapter:
1-10                 (1)  "Abuse" means:
1-11                       (A)  the negligent or wilful infliction of
1-12     injury, unreasonable confinement, intimidation, or cruel punishment
1-13     with resulting emotional or physical harm leading to death; or
1-14                       (B)  sexual abuse of an adult, including any
1-15     involuntary or nonconsensual sexual conduct that would constitute
1-16     an offense under Section 21.08, Penal Code, or Chapter 22, Penal
1-17     Code.
1-18                 (2)  "Autopsy" and "inquest" have the meanings assigned
1-19     by Article 49.01, Code of Criminal Procedure.
1-20                 (3)  "Family violence" has the meaning assigned by
1-21     Section 71.004, Family Code.
1-22                 (4)  "Health care provider" means any health care
1-23     practitioner or facility that provides medical evaluation or
1-24     treatment, including dental and mental health evaluation or
1-25     treatment.
 2-1                 (5)  "Review" means a reexamination of information
 2-2     regarding a deceased adult from relevant agencies, professionals,
 2-3     and health care providers.
 2-4                 (6)  "Review team" means an unexpected fatality review
 2-5     team established under this chapter.
 2-6                 (7)  "Unexpected death" includes a death of an adult
 2-7     that before investigation appears:
 2-8                       (A)  to have occurred without anticipation or
 2-9     forewarning; and
2-10                       (B)  to have been caused by suicide, family
2-11     violence, or abuse.
2-12           Sec. 672.002.  ESTABLISHMENT OF REVIEW TEAM.  (a)  A
2-13     multidisciplinary and multiagency unexpected fatality review team
2-14     may be established for a county to conduct reviews of unexpected
2-15     deaths that occur within the county.  A review team for a county
2-16     with a population of less than 50,000 may join with an adjacent
2-17     county or counties to establish a combined review team.
2-18           (b)  The commissioners court of a county may oversee the
2-19     activities of the review team or may designate a county department
2-20     to oversee those activities.  The commissioners court may designate
2-21     a nonprofit agency or a political subdivision of the state involved
2-22     in the support or treatment of victims of family violence, abuse,
2-23     or suicide to oversee the activities of the review team if the
2-24     governing body of the nonprofit agency or political subdivision
2-25     concurs.
2-26           (c)  Any person who may be a member of a review team under
 3-1     Subsection (d) may initiate the establishment of a review team and
 3-2     call the first organizational meeting of the team.
 3-3           (d)  A review team may include:
 3-4                 (1)  a criminal prosecutor involved in prosecuting
 3-5     crimes involving family violence;
 3-6                 (2)  a peace officer;
 3-7                 (3)  a justice of the peace or medical examiner;
 3-8                 (4)  a public health professional;
 3-9                 (5)  a representative of the Department of Protective
3-10     and Regulatory Services engaged in providing adult protective
3-11     services;
3-12                 (6)  a mental health services provider;
3-13                 (7)  a representative of the family violence shelter
3-14     center providing services to the county;
3-15                 (8)  the victim witness advocate in the county
3-16     prosecutor's office;
3-17                 (9)  a representative from the battering intervention
3-18     and prevention program for the county; and
3-19                 (10)  a community supervision and corrections
3-20     department officer.
3-21           (e)  Members of a review team may select additional team
3-22     members according to community resources and needs.
3-23           (f)  A review team shall select a presiding officer from its
3-24     members.
3-25           (g)  Members selected under Subsection (e) must reflect the
3-26     geographical, cultural, racial, ethnic, and gender diversity of the
 4-1     county or counties represented.
 4-2           (h)  Members selected under this section should have
 4-3     experience in abuse, neglect, suicide, family violence, or elder
 4-4     abuse.
 4-5           Sec. 672.003.  PURPOSE AND POWERS OF REVIEW TEAM.  (a)  The
 4-6     purpose of a review team is to decrease the incidence of
 4-7     preventable adult deaths by:
 4-8                 (1)  promoting cooperation, communication, and
 4-9     coordination among agencies involved in responding to unexpected
4-10     deaths;
4-11                 (2)  developing an understanding of the causes and
4-12     incidence of unexpected deaths in the county or counties in which
4-13     the review team is located; and
4-14                 (3)  advising the legislature, appropriate state
4-15     agencies, and local law enforcement agencies on changes to law,
4-16     policy, or practice that will reduce the number of unexpected
4-17     deaths.
4-18           (b)  To achieve its purpose, a review team shall:
4-19                 (1)  develop and implement, according to local needs
4-20     and resources, appropriate protocols;
4-21                 (2)  meet on a regular basis to review fatality cases
4-22     suspected to have resulted from suicide, family violence, or abuse
4-23     and recommend methods to improve coordination of services and
4-24     investigations between agencies that are represented on the team;
4-25                 (3)  collect and maintain data, as appropriate; and
4-26                 (4)  submit the report required under Section 672.008.
 5-1           Sec. 672.004.  DUTIES OF PRESIDING OFFICER.  The presiding
 5-2     officer of a review team may:
 5-3                 (1)  send notices to the review team members of a
 5-4     meeting to review a fatality involving suspected suicide, family
 5-5     violence, or abuse;
 5-6                 (2)  provide a list to the review team members of each
 5-7     fatality to be reviewed at the meeting; and
 5-8                 (3)  ensure that the review team operates according to
 5-9     the protocols developed by the review team.
5-10           Sec. 672.005.  REVIEW PROCEDURE.  (a)  The review team of the
5-11     county in which the event that was the cause of the unexpected
5-12     death occurred, as stated on the death certificate or as otherwise
5-13     indicated by the medical examiner or justice of the peace notified
5-14     of the death, may review the death.
5-15           (b)  On receipt of the list of fatalities under Section
5-16     672.004, each review team member shall review available records for
5-17     information regarding each listed unexpected death.
5-18           Sec. 672.006.  ACCESS TO INFORMATION.  (a)  A review team may
5-19     request information and records regarding adult deaths resulting
5-20     from suicide, family violence, or abuse as necessary to carry out
5-21     the review team's purpose and duties.  Records and information that
5-22     may be requested under this section include:
5-23                 (1)  medical, dental, and mental health care
5-24     information; and
5-25                 (2)  information and records maintained by any state or
5-26     local government agency, including:
 6-1                       (A)  a birth certificate;
 6-2                       (B)  law enforcement investigative data;
 6-3                       (C)  medical examiner investigative data;
 6-4                       (D)  juvenile court records;
 6-5                       (E)  parole and probation information and
 6-6     records; and
 6-7                       (F)  adult protective services information and
 6-8     records.
 6-9           (b)  On request of the presiding officer of a review team,
6-10     the custodian of the relevant information or records relating to
6-11     the deceased adult shall provide the information or records to the
6-12     review team.  A law enforcement agency or a medical examiner may
6-13     decline to provide investigative data to a review team until after
6-14     the conclusion of the investigation.
6-15           (c)  This section does not authorize the release of the
6-16     original or copies of the mental health or medical records of any
6-17     member of the deceased adult's family, the guardian or caretaker of
6-18     the deceased adult, or an alleged or suspected perpetrator of
6-19     family violence or abuse of the adult that are in the possession of
6-20     any state or local government agency as provided in Subsection
6-21     (a)(2).  Information relating to the mental health or medical
6-22     condition of a member of the deceased adult's family, the guardian
6-23     or caretaker of the deceased adult, or the alleged or suspected
6-24     perpetrator of family violence or abuse of the deceased adult
6-25     acquired as part of an investigation by a state or local government
6-26     agency as provided in Subsection (a)(2) may be provided to the
 7-1     review team.
 7-2           (d)  This section does not authorize any interference with a
 7-3     criminal investigation, inquest, or autopsy.
 7-4           Sec. 672.007.  MEETING OF REVIEW TEAM.  (a)  A meeting of a
 7-5     review team is closed to the public and not subject to the open
 7-6     meetings law, Chapter 551, Government Code.
 7-7           (b)  This section does not prohibit a review team from
 7-8     requesting the attendance at a closed meeting of a person who is
 7-9     not a member of the review team and who has information regarding a
7-10     fatality resulting from suicide, family violence, or abuse.
7-11           (c)  Except as necessary to carry out a review team's purpose
7-12     and duties, members of a review team and persons attending a review
7-13     team meeting may not disclose what occurred at the meeting.
7-14           Sec. 672.008.  REPORT.  (a)  Not later than December 15 of
7-15     each even-numbered year, each review team shall submit to the
7-16     Department of Protective and Regulatory Services a report on deaths
7-17     reviewed.
7-18           (b)  Subject to Section 672.009, the Department of Protective
7-19     and Regulatory Services shall make the reports received under
7-20     Subsection (a) available to the public.
7-21           Sec. 672.009.  USE OF INFORMATION AND RECORDS;
7-22     CONFIDENTIALITY.  (a)  Information and records acquired by a review
7-23     team in the exercise of its purpose and duties under this chapter
7-24     are confidential and exempt from disclosure under the open records
7-25     law, Chapter 552, Government Code, and may only be disclosed as
7-26     necessary to carry out the review team's purpose and duties.
 8-1           (b)  A report of a review team or a statistical compilation
 8-2     of data reports is a public record subject to the open records law,
 8-3     Chapter 552, Government Code, as if the review team were a
 8-4     governmental body under that chapter, if the report or statistical
 8-5     compilation does not contain any information that would permit the
 8-6     identification of an individual and is not otherwise confidential
 8-7     or privileged.
 8-8           (c)  A member of a review team may not disclose any
 8-9     information that is confidential under this section.
8-10           (d)  A person commits an offense if the person discloses
8-11     information made confidential by this section.  An offense under
8-12     this subsection is a Class A misdemeanor.
8-13           Sec. 672.010.  CIVIL LIABILITY FOR DISCLOSURE OF INFORMATION.
8-14     Subject to the limits described in Section 101.023(b), Civil
8-15     Practice and Remedies Code, a team organized pursuant to this
8-16     chapter, or any member thereof, may be civilly liable for damages
8-17     caused by the disclosure of information gathered pursuant to an
8-18     investigation if such disclosure is made in violation of Section
8-19     672.007 and Section 672.009.
8-20           Sec. 672.011.  GOVERNMENTAL UNIT.  Subject to Section
8-21     672.010, a review team established under this chapter is a local
8-22     governmental unit for purposes of Chapter 101, Civil Practice and
8-23     Remedies Code.
8-24           Sec. 672.012.  REPORT OF UNEXPECTED FATALITY.  (a)  A person,
8-25     including a health care provider, who knows of the death of an
8-26     adult that resulted from, or that occurred under circumstances
 9-1     indicating death may have resulted from, suicide, family violence,
 9-2     or abuse, shall immediately report the death to the medical
 9-3     examiner of the county in which the death occurred or, if the death
 9-4     occurred in a county that does not have a medical examiner's office
 9-5     or that is not part of a medical examiner's district, to a justice
 9-6     of the peace in that county.
 9-7           (b)  The requirement of this section is in addition to any
 9-8     other reporting requirement imposed by law.
 9-9           Sec. 672.013.  PROCEDURE IN THE EVENT OF REPORTABLE DEATH.
9-10     (a)  A medical examiner or justice of the peace notified of a death
9-11     under Section 672.012 may hold an inquest under Chapter 49, Code of
9-12     Criminal Procedure, to determine whether the death was caused by
9-13     suicide, family violence, or abuse.
9-14           (b)  Without regard to whether an inquest is held under
9-15     Subsection (a), the medical examiner or justice of the peace shall
9-16     immediately notify the county or entity designated under Section
9-17     672.002(b) of:
9-18                 (1)  each notification of death received under Section
9-19     672.012;
9-20                 (2)  each death found to be caused by suicide, family
9-21     violence, or abuse; or
9-22                 (3)  each death that may be a result of suicide, family
9-23     violence, or abuse, without regard to whether the suspected
9-24     suicide, family violence, or abuse is determined to be a sole or
9-25     contributing cause and without regard to whether the cause of death
9-26     is conclusively determined.
                                                                S.B. No. 515
    10-1          SECTION 2.  This Act takes effect September 1, 2001.
            _______________________________     _______________________________
                President of the Senate              Speaker of the House
                  I hereby certify that S.B. No. 515 passed the Senate on
            March 7, 2001, by a viva-voce vote; May 25, 2001, Senate refused to
            concur in House amendments and requested appointment of Conference
            Committee; May 25, 2001, House granted request of the Senate;
            May 27, 2001, Senate adopted Conference Committee Report by a
            viva-voce vote.
                                                _______________________________
                                                    Secretary of the Senate
                  I hereby certify that S.B. No. 515 passed the House, with
            amendments, on May 23, 2001, by a non-record vote; May 25, 2001,
            House granted request of the Senate for appointment of Conference
            Committee; May 27, 2001, House adopted Conference Committee Report
            by a non-record vote.
                                                _______________________________
                                                    Chief Clerk of the House
            Approved:
            _______________________________
                         Date
            _______________________________
                       Governor