Bill Text: TX HB688 | 2013-2014 | 83rd Legislature | Comm Sub

Texas House Bill 688 (Prior Session Legislation)

Bill Title: Relating to the confidentiality of certain autopsy records.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-04-25 - Laid on the table subject to call [HB688 Detail]

Download: Texas-2013-HB688-Comm_Sub.html

	83R15747 AJZ-F

	By: Marquez	H.B. No. 688

	Substitute the following for H.B. No. 688:

	By: Herrero	C.S.H.B. No. 688



	A BILL TO BE ENTITLED
	AN ACT
	relating to the confidentiality of certain autopsy records.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 11, Article 49.25, Code of Criminal
	Procedure, is amended to read as follows:
	Sec. 11. RECORDS. (a) The medical examiner shall keep full
	and complete records properly indexed, giving the name if known of
	every person whose death is investigated, the place where the body
	was found, the date, the cause and manner of death, and shall issue
	a death certificate. The full report and detailed findings of the
	autopsy, if any, shall be a part of the record. Copies of all
	records shall promptly be delivered to the proper district, county,
	or criminal district attorney in any case where further
	investigation is advisable. The records are subject to required
	public disclosure in accordance with Chapter 552, Government Code,
	except that a photograph or x-ray of a body taken during an autopsy
	is excepted from required public disclosure in accordance with
	Chapter 552, Government Code, but is subject to disclosure:
	(1) under a subpoena or authority of other law; or
	(2) if the photograph or x-ray is of the body of a
	person who died while in the custody of law enforcement.
	(b) Under the exception to public disclosure provided by
	Subsection (a), a governmental body as defined by Section 552.003,
	Government Code, may withhold a photograph or x-ray described by
	Subsection (a) without requesting a decision from the attorney
	general under Subchapter G, Chapter 552, Government Code. This
	subsection does not affect the required disclosure of a photograph
	or x-ray under Subsection (a)(1) or (2).
	SECTION 2. The changes in law made by this Act apply only to
	a request for information that is received by a governmental body or
	an officer for public information on or after the effective date of
	this Act. A request for information that was received before the
	effective date of this Act is governed by the law in effect on the
	date the request was received, and the former law is continued in
	effect for that purpose.
	SECTION 3. This Act takes effect September 1, 2013.