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


Office of House Bill AnalysisH.B. 3265
By: Uher
Criminal Jurisprudence
3/30/1999
Introduced



BACKGROUND AND PURPOSE 

Current law requires 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 authorizes a justice to waive the autopsy, many are concerned
with liability.  H.B. 3265 grants a justice of the peace discretion, rather
than requiring 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. 

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 grant
a justice of the peace 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 the is subject of an inquest. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.