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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring that medical examiners and justices of the |
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peace report certain deaths that result from a motor vehicle |
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accident to the Texas Department of Public Safety. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 550.081, Transportation Code, is amended |
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to read as follows: |
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Sec. 550.081. [CORONER'S] REPORT OF MEDICAL EXAMINER OR |
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JUSTICE OF THE PEACE. (a) A medical examiner or justice of the |
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peace acting as coroner in a county that does not have a medical |
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examiner's office or that is not part of a medical examiner's |
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district [other officer performing similar functions] shall submit |
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a [, not later than the 10th day of each month:
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[(1)] report in writing to the department of the death |
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of a person that was [within the officer's jurisdiction during the
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preceding calendar month as] the result of a traffic accident to |
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which this chapter applies and that occurred within the |
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jurisdiction of the medical examiner or justice of the peace in the |
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preceding calendar month. |
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(b) The [; and
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[(2)include in the] report must be submitted before |
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the 11th day of each calendar month and include: |
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(1) the name of the deceased and a statement as to |
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whether the deceased was: |
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(A) the operator of or a passenger in a vehicle |
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involved in the |
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accident; or |
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(B) a pedestrian or other nonoccupant of a |
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vehicle; |
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(2) the date of the accident and the name of the county |
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in which the accident occurred; |
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(3) the name of any laboratory, medical examiner's |
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office, or other facility that conducted toxicological testing |
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relative to the deceased; and |
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(4) the results of any toxicological testing that was |
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conducted [the time, place, and circumstances of the accident]. |
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(c) A report required by this section shall be sent to: |
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(1) the crash records bureau of the department at its |
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headquarters in Austin; or |
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(2) any other office or bureau of the department that |
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the department designates. |
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(d) If toxicological test results are not available to the |
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medical examiner or justice of the peace on the date a report must |
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be submitted, the medical examiner or justice shall: |
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(1) submit a report that includes the statement |
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"toxicological test results unavailable"; and |
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(2) submit a supplement to the report that contains |
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the information required by Subsections (b)(3) and (4) as soon as |
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practicable after the toxicological test results become available. |
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(e) The department shall prepare and when requested supply |
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to medical examiners' offices and justices of the peace the forms |
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necessary to make the reports required by this section. |
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SECTION 2. Subsection (j), Article 49.10, Code of Criminal |
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Procedure, is amended to read as follows: |
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(j) A justice of the peace shall [may] order a physician, |
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qualified technician, paramedic, chemist, registered professional |
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nurse, or licensed vocational nurse to take a specimen of blood from |
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the body of a person who died as the result of a motor vehicle |
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accident [if the justice determines that circumstances indicate
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that the person may have been driving while intoxicated]. |
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SECTION 3. This Act takes effect September 1, 2007. |