81R1902 SJM-D
 
  By: McClendon H.B. No. 578
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the filing of a death certificate with a pending cause
  of death.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 191.0046, Health and Safety Code, is
  amended by adding Subsection (e) to read as follows:
         (e)  The state registrar shall, without fee, issue to a
  person who filed an original death certificate a certified copy of
  the death certificate amended to reflect a cause of death if:
               (1)  the original death certificate stated that the
  cause of death was pending; and
               (2)  the person paid the filing fee at the time of
  original filing.
         SECTION 2.  Section 193.003, Health and Safety Code, is
  amended by amending Subsection (a) and adding Subsections (c) and
  (d) to read as follows:
         (a)  Except as provided by Subsection (d), not [Not] later
  than the 10th day after the date of a death that occurs in this
  state, a death certificate shall be filed with the local registrar
  of the registration district in which:
               (1)  the death occurs; or
               (2)  the body is found, if the place of death is not
  known.
         (c)  A death certificate may be filed stating the cause of
  death is pending.
         (d)  If the cause of death is pending on the 10th day
  following the date of a death, the person filing the death
  certificate may, instead of filing a certificate stating that the
  cause of death is pending, wait until the cause of death is declared
  to file the death certificate.  A death certificate filed in
  accordance with this subsection shall be filed not later than the
  10th day after the date the cause of death is declared.
         SECTION 3.  Not later than January 1, 2010, the executive
  commissioner of the Health and Human Services Commission shall
  adopt rules necessary to administer Sections 191.0046 and 193.003,
  Health and Safety Code, as amended by this Act.
         SECTION 4.  This Act takes effect September 1, 2009.