86R5112 KJE-D
 
  By: Bell of Montgomery, Larson H.B. No. 881
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the right of a parent of a deceased person to view the
  person's body before an autopsy is performed.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Subchapter D, Chapter 49, Code of
  Criminal Procedure, is amended to read as follows:
  SUBCHAPTER D.  [PARENTAL] RIGHT OF PARENT OF DECEASED PERSON TO VIEW
  PERSON'S BODY [DECEASED CHILD]
         SECTION 2.  The heading to Article 49.52, Code of Criminal
  Procedure, is amended to read as follows:
         Art. 49.52.  [PARENTAL] RIGHT OF PARENT OF DECEASED PERSON 
  TO VIEW PERSON'S BODY [DECEASED CHILD].
         SECTION 3.  Articles 49.52(a), (b), and (c), Code of
  Criminal Procedure, are amended to read as follows:
         (a)  Except as provided by Subsection (b) or (c), a parent of
  a deceased person [child] is entitled to view the person's [child's]
  body before a justice of the peace or the medical examiner, as
  applicable, for the county in which the death occurred assumes
  control over the body under Subchapter A or B, as applicable. If the
  person's [child's] death occurred at a hospital or other health care
  facility, the viewing may be conducted at the hospital or facility.
         (b)  A parent of a deceased person [child] may not view the
  person's [child's] body after a justice of the peace or medical
  examiner described by Subsection (a) assumes control over the body
  under Subchapter A or B, as applicable, unless the parent first
  obtains the consent of the justice of the peace or medical examiner
  or a person acting on behalf of the justice of the peace or medical
  examiner.
         (c)  A viewing of the body of a deceased person under this
  article [child] whose death is determined to be subject to an
  inquest under Article 49.04 or 49.25, as applicable, must be
  conducted in compliance with the following conditions:
               (1)  the viewing must be supervised by:
                     (A)  if law enforcement has assumed control over
  the body at the time of the viewing, an appropriate peace officer
  or, with the officer's consent, a person described by Paragraph
  (B); or
                     (B)  a physician, registered nurse, or licensed
  vocational nurse or the justice of the peace or the medical examiner
  or a person acting on behalf of the justice of the peace or medical
  examiner;
               (2)  a parent of the deceased person [child] may not
  have contact with the person's [child's] body unless the parent
  first obtains the consent of the justice of the peace or medical
  examiner or a person acting on behalf of the justice of the peace or
  medical examiner; and
               (3)  a person may not remove a medical device from the
  deceased person's [child's] body or otherwise alter the condition
  of the body for purposes of conducting the viewing unless the person
  first obtains the consent of the justice of the peace or medical
  examiner or a person acting on behalf of the justice of the peace or
  medical examiner.
         SECTION 4.  Article 49.51(1), Code of Criminal Procedure, is
  repealed.
         SECTION 5.  This Act takes effect September 1, 2019.