HBA-KMH H.B. 2632 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2632 By: Turner, Sylvester Criminal Jurisprudence 4/26/1999 Introduced BACKGROUND AND PURPOSE Currently, Texas law does not define an "autopsy report" and includes photographs and x-rays taken during an autopsy in the autopsy report. The lack of an explicit definition leads to uncertainty regarding materials required to be included in an autopsy report, and it is reported that fees authorized to be charged for copies of the autopsy report are inadequate to cover costs. H.B. 2632 defines an "autopsy report," clarifies statutes relating to persons authorized to receive the report, limits public access to autopsy photographs and x-rays, and authorizes the commissioners court to set fees for copies of the autopsy report, photographs, and x-rays. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter B, Chapter 671, Health and Safety Code, as follows: SUBCHAPTER B. AUTOPSY REPORTS Sec. 671.011. New Title: DEFINITION. Defines "autopsy report." Provides that the autopsy report does not include investigative reports and other documents reviewed by the physician performing the autopsy to assist in determining the cause of death. Sec. 671.012. New Title: FILING AUTOPSY REPORT. Redesignated from Section 671.011. Sec. 671.013. New Title: RELEASE OF REPORTS; FEES. Subjects an autopsy report to required public disclosure in accordance with Chapter 552 (Public Information), Government Code. Provides that a photograph or an x-ray of a body is excepted from disclosure under Chapter 552, Government Code, but is subject to disclosure under a subpoena or other authority of the law. Requires an autopsy report containing certain required confidential information to be released to an authorized person in connection with workers' compensation or insurance claims. Authorizes a recipient of information under this section to disclose confidential information only to the extent consistent with the authorized purposes for which the information was obtained. Requires the commissioners court of the county having custody of an autopsy report to charge a fee of no more than $25 and no less than $15, in addition to the actual costs of reproduction and overhead, for a copy of the autopsy report. Deletes a provision requiring a copy of the report to be furnished for a $5 fee. SECTION 2. Amends Section 11, Article 49.25, Code of Criminal Procedure, to provide that medical records kept by a medical examiner are subject to required public disclosure in accordance with Chapter 552, Government Code. SECTION 3. Effective date: September 1, 1999.