HBA-GUM, NMO H.B. 3265 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3265
By: Uher
Criminal Jurisprudence
7/27/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Texas Legislature, state law required a justice of the
peace, for each body that is subject to an inquest, to either direct a
physician to perform an autopsy or certify that no autopsy is necessary.
If there are no indications of foul play and the family members of the
deceased person do not want an autopsy performed, this may place undue
burden on the justice and the county.  While the law authorized a justice
to waive the autopsy, many were concerned with liability.  H.B. 3265
requires a justice of the peace, at the justice's discretion, to either
direct a physician to perform an autopsy or certify that no autopsy is
necessary, for each body that is the subject of an inquest. 

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 Article 49.10(c), Code of Criminal Procedure, to require
a  justice of the peace, in the justice's discretion, rather than require a
justice of the peace, to either direct a physician to perform an autopsy or
certify that no autopsy is necessary, for each body that is the subject of
an inquest, except as required by Section 264.514 (Procedure in the Event
of Reportable Death), Family Code. 

SECTION 2.  Emergency clause.
  Effective date: upon passage.