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A BILL TO BE ENTITLED
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AN ACT
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relating to reimbursing a commissioners court for the reasonable |
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cost of transporting a body for the purpose of an autopsy. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 49.10, Code of Criminal Procedure, is |
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amended by adding Subsection (h-1) to read as follows: |
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(h-1) A commissioners court that pays a fee to transport a |
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body to or from a place where an autopsy can be performed under this |
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article may seek reimbursement for the reasonable costs of the |
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transportation as provided by this subsection. On application to |
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the attorney general, the commissioners court may be reimbursed |
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from the compensation to victims of crime fund if the physician |
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performing the autopsy determines the death was caused by unlawful |
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means. On application to the attorney representing the state or the |
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head of a law enforcement agency, a commissioners court may be |
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reimbursed from civil asset forfeiture proceeds as provided by |
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Article 59.06(t), regardless of the circumstances of the death. |
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The commissioners court may not be reimbursed from more than one |
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source under this subsection. |
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SECTION 2. Article 56.54(k), Code of Criminal Procedure, is |
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amended to read as follows: |
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(k) The attorney general may use the compensation to victims |
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of crime fund to: |
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(1) reimburse a law enforcement agency for the |
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reasonable costs of a forensic medical examination that are |
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incurred by the agency under Article 56.06 or 56.065; [and] |
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(2) make a payment to or on behalf of an individual for |
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the reasonable costs incurred for medical care provided under |
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Article 56.06 or 56.065 in accordance with Section 323.004, Health |
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and Safety Code; and |
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(3) as provided by Article 49.10, reimburse a |
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commissioners court for the reasonable cost of transporting a body |
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for the purpose of an autopsy. |
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SECTION 3. Article 59.06, Code of Criminal Procedure, is |
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amended by adding Subsection (t) to read as follows: |
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(t) As a specific exception to Subsection (c) that the funds |
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described by that subsection be used only for the official purposes |
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of the attorney representing the state or for law enforcement |
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purposes, the attorney representing the state or the head of a law |
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enforcement agency, as applicable, may use any portion of the gross |
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amount credited to the attorney's or agency's special fund under |
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Subsection (c) to reimburse a commissioners court for the |
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reasonable cost of transporting a body for the purpose of an |
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autopsy. |
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SECTION 4. This Act takes effect September 1, 2019. |