Bill Text: TX HB881 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the right of a parent of a deceased person to view the person's body before an autopsy is performed.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2019-06-10 - Effective on 9/1/19 [HB881 Detail]
Download: Texas-2019-HB881-Enrolled.html
H.B. No. 881 |
|
||
relating to the right of a parent of a deceased person to view the | ||
person's body before an autopsy is performed. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Subchapter D, Chapter 49, Code of | ||
Criminal Procedure, is amended to read as follows: | ||
SUBCHAPTER D. [ |
||
PERSON'S BODY [ |
||
SECTION 2. The heading to Article 49.52, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
Art. 49.52. [ |
||
TO VIEW PERSON'S BODY [ |
||
SECTION 3. Articles 49.52(a), (b), and (c), Code of | ||
Criminal Procedure, are amended to read as follows: | ||
(a) Except as provided by Subsection (b) or (c), a parent of | ||
a deceased person [ |
||
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 | ||
person's [ |
||
facility, the viewing may be conducted at the hospital or facility. | ||
(b) A parent of a deceased person [ |
||
person's [ |
||
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 person under this | ||
article [ |
||
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 person [ |
||
have contact with the person's [ |
||
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 | ||
deceased person's [ |
||
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. | ||
SECTION 4. Article 49.51(1), Code of Criminal Procedure, is | ||
repealed. | ||
SECTION 5. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 881 was passed by the House on April | ||
12, 2019, by the following vote: Yeas 143, Nays 0, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 881 was passed by the Senate on May | ||
21, 2019, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |