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

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to a parent's right to view the body of a deceased child before an autopsy is performed.

Spectrum: Partisan Bill (Republican 6-0)

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

Download: Texas-2017-HB298-Engrossed.html
  85R21752 KJE-D
 
  By: Larson, et al. H.B. No. 298
 
 
 
A BILL TO BE ENTITLED
 
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), 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 under Subsection (b) of the body of a deceased
  child whose death has been determined by a justice of the peace or
  medical examiner described by Subsection (a) to be subject to an
  inquest under Article 49.04 or Article 49.25, as applicable, must
  be conducted in compliance with the following conditions:
               (1)  the viewing must be supervised by a physician,
  registered nurse, or licensed vocational nurse or by 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.
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