SRC-TJG S.B. 1225 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1225
78R6974 DLF-FBy: Nelson
Health & Human Services
4/6/2003
As Filed


DIGEST AND PURPOSE 

Currently, only the medical examiner is authorized to permit the removal
of a body part or tissue from a decedent who died under circumstances
requiring an inquest.  As proposed, S.B. 1225 authorizes the justice of
the peace to permit the same action.  This bill also requires an
explanation in writing to certain persons, for the denial of organs or
tissue, as is currently the procedure for medical examiners. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 693.002, 693.003, and 693.005, Health and
Safety Code, as follows: 

Sec. 693.002.  REMOVAL OF BODY PART OR TISSUE FROM DECEDENT WHO DIED UNDER
CIRCUMSTANCES REQUIRING AN INQUEST.  Adds the justice of the peace to the
list of individuals authorized to permit the removal of organs from a
decedent who died under certain circumstances.  Requires the medical
examiner or justice of the peace to provide the explanation to any person
listed in Section 693.004 who is actually known to the medical examiner or
justice of the peace.  Deletes existing text related to requiring payment
to be applied to the cost of providing coverage beyond the regular
business hours of the medical examiner's office.  Requires the medical
examiner or justice of the peace, if the medical examiner or justice of
the peace denies removal of the tissue, to explain in writing the reasons
for the denial.  Requires the medical examiner or justice of the peace to
provide the explanation to certain persons.  Makes conforming and
nonsubstantive changes. 

Sec. 693.003.  CONSENT REQUIRED IN CERTAIN CIRCUMSTANCES.  Makes
conforming changes. 

Sec. 693.005.  IMMUNITY FROM DAMAGES IN CIVIL ACTION.  Makes conforming
changes. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: July 1, 2003, or September 1, 2003.