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.