Bill Text: TX HB1011 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to expedited death certificates for religious purposes in certain counties.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2021-06-04 - Effective on 9/1/21 [HB1011 Detail]
Download: Texas-2021-HB1011-Enrolled.html
H.B. No. 1011 |
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relating to expedited death certificates for religious purposes in | ||
certain counties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 193, Health and Safety Code, is amended | ||
by adding Section 193.0025 to read as follows: | ||
Sec. 193.0025. EXPEDITED DEATH CERTIFICATES FOR RELIGIOUS | ||
PURPOSES IN CERTAIN COUNTIES. (a) This section applies only to a | ||
county: | ||
(1) with an office of medical examiner established in | ||
accordance with Section 1, Article 49.25, Code of Criminal | ||
Procedure; and | ||
(2) for which the commissioners court of the county by | ||
resolution elects for this section to apply. | ||
(b) This section does not apply to a county that entered | ||
into an agreement with another county to create a medical examiners | ||
district under Section 1-a, Article 49.25, Code of Criminal | ||
Procedure, unless: | ||
(1) the office of medical examiner is located in the | ||
county and the county has adopted a resolution described by | ||
Subsection (a)(2); or | ||
(2) notwithstanding Subsection (a), the county elects | ||
for this section to apply in the agreement creating the district. | ||
(c) An individual may submit to the person required to file | ||
a death certificate under Section 193.002 a written request for the | ||
person to expedite the completion of a decedent's death certificate | ||
if the requestor demonstrates that: | ||
(1) the expedited completion is necessary for | ||
religious purposes; | ||
(2) the decedent's remains will be interred, entombed, | ||
buried, cremated, or otherwise laid to rest in a foreign country; | ||
and | ||
(3) the requestor is authorized to obtain a copy of the | ||
death certificate. | ||
(d) A person who receives a request under Subsection (c) | ||
shall issue a copy of the decedent's death certificate to the | ||
requestor not later than 48 hours after the time the person receives | ||
the request unless an inquest will be conducted for the decedent. | ||
(e) For purposes of completing an expedited death | ||
certificate under this section, a medical examiner may: | ||
(1) perform a medical examination; and | ||
(2) complete the medical certification, provided: | ||
(A) the medical examiner has access to the | ||
decedent's medical history relevant to the death; | ||
(B) the decedent's death is due to natural | ||
causes; and | ||
(C) the medical examiner serves as medical | ||
examiner of the county in which the death occurred. | ||
(f) The executive commissioner shall adopt rules necessary | ||
to implement this section. | ||
SECTION 2. As soon as practicable after the effective date | ||
of this Act, the executive commissioner of the Health and Human | ||
Services Commission shall adopt rules necessary to implement | ||
Section 193.0025, Health and Safety Code, as added by this Act. | ||
SECTION 3. This Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1011 was passed by the House on April | ||
9, 2021, by the following vote: Yeas 144, Nays 0, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1011 was passed by the Senate on May | ||
19, 2021, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |