Bill Text: TX HB298 | 2017-2018 | 85th Legislature | Enrolled

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Bill Title: Relating to a parent's right to view the body of a deceased child before an autopsy is performed.

Sponsorship: Partisan Bill (Republican 6)

Status: (Vetoed) 2017-06-15 - Vetoed by the Governor [HB298 Detail]

Download: Texas-2017-HB298-Enrolled.html

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H.B. No. 298

AN ACT
relating to a parent's right to view the body of a deceased child
before an autopsy is performed.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 49, Code of Criminal Procedure, is
amended by adding Subchapter D to read as follows:
SUBCHAPTER D. PARENTAL RIGHT TO VIEW DECEASED CHILD
Art. 49.51. DEFINITIONS. In this subchapter:
(1) "Child" means a person younger than 18 years of
age.
(2) "Parent" has the meaning assigned by Section
160.102(11), Family Code.
Art. 49.52. PARENTAL RIGHT TO VIEW DECEASED CHILD.
(a) Except as provided by Subsection (b) or (c), a parent of a
deceased child is entitled to view the 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 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 child may not view the 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 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 child may not have contact
with the 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
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.
(d) A person is not entitled to compensation for performing
duties on behalf of a justice of the peace or medical examiner under
this article unless the commissioners court of the applicable
county approves the compensation.
SECTION 2. This Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 298 was passed by the House on April
28, 2017, by the following vote: Yeas 136, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 298 on May 24, 2017, by the following vote: Yeas 146, Nays 0, 2
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 298 was passed by the Senate, with
amendments, on May 23, 2017, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor