Texas 2009 - 81st Regular

Texas House Bill HB4305

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to a prohibition against performing or ordering the performance of an autopsy contrary to a decedent's religious beliefs.

Impact

The bill will amend the Code of Criminal Procedure to introduce new provisions regarding autopsies. If enacted, it will enhance statutory protections for individuals regarding the autonomy of their posthumous treatment in alignment with their religious convictions. This could notably shift current practices, emphasizing the need for public authorities, including medical examiners and justices of the peace, to carefully assess the necessity of an autopsy against personal and familial beliefs.

Summary

House Bill 4305 addresses the performance of autopsies in instances where it contradicts the religious beliefs of the deceased. The bill stipulates that unless there is a compelling public necessity—such as in cases of criminal investigations or urgent public health threats—autopsies cannot be performed if an immediate family member objects based on religious grounds. This is a significant legislative effort to ensure that the religious sentiments of deceased individuals and their families are respected in the mortuary process.

Contention

One notable point of contention with HB 4305 could revolve around defining the 'compelling public necessity' for performing an autopsy against religious beliefs. This could lead to disputes regarding what constitutes a sufficient reason for overriding family objections, particularly in highly sensitive cases involving children or significant public health concerns. Critics might argue that the bill could hinder investigations into potential unlawful deaths if the criteria for compelling necessity are viewed too restrictively.

Legal processes

The bill also outlines legal procedures for contesting autopsy decisions, indicating that if a contested autopsy is deemed necessary, a waiting period is initiated allowing family members to seek a court ruling on the matter. Autopsies can only proceed if a court finds a compelling public necessity or if objections from family members cannot be substantiated. This approach reinforces the bill's focus on balancing the need for legal investigations against respect for individual beliefs.

Companion Bills

No companion bills found.

Previously Filed As

TX HB3161

Relating to the duties of a justice of the peace, medical examiner, or other investigator regarding the bodies of unidentified deceased persons and to the control by certain persons of the disposition of a deceased person's remains.

TX HB4129

Relating to prohibiting certain erotic performances; creating a criminal offense; authorizing a civil penalty.

TX SB4

Relating to prohibitions on the illegal entry into or illegal presence in this state by a person who is an alien, the enforcement of those prohibitions and certain related orders, including immunity from liability and indemnification for enforcement actions, and authorizing or requiring under certain circumstances the removal of persons who violate those prohibitions; creating criminal offenses.

TX SB2281

Relating to prohibiting certain adult cabaret performances; creating a criminal offense.

TX SB1373

Relating to decedents' estates and the delivery of certain notices or other communications in connection with those estates or multiple-party accounts.

TX HB2821

Relating to decedents' estates and the delivery of certain notices or other communications in connection with those estates or multiple-party accounts.

TX HB4

Relating to prohibitions on the illegal entry into or illegal presence in this state by a person who is an alien, the enforcement of those prohibitions and certain related orders, including immunity from liability and indemnification for enforcement actions, and authorizing or requiring under certain circumstances the removal of persons who violate those prohibitions; creating criminal offenses.

TX HB576

Relating to the confidentiality of certain autopsy records.

TX HB40

Relating to prohibitions on the illegal entry into or illegal presence in this state by a person who is an alien, the enforcement of those prohibitions, and authorizing under certain circumstances the removal of persons who violate certain of those prohibitions; creating criminal offenses.

TX HB3474

Relating to the operation and administration of and practices and procedures regarding proceedings in the judicial branch of state government, including the service of process and delivery of documents related to the proceedings, the administration of oaths, and the management of the Texas Indigent Defense Commission, and the composition of certain juvenile boards; establishing a civil penalty; increasing certain court costs; authorizing fees.

Similar Bills

CO SB077

Modifications to Colorado Open Records Act

ND HB1363

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MS SB2090

Board of Funeral Services; revise provisions related to.

CT HB06694

An Act Concerning The Inheritance Rights Of A Child Who Is Born After The Death Of A Married Parent.

TX SB995

Relating to decedents' estates.

TX HB2418

Relating to decedents' estates.

ND SB2139

Final disposition of individuals who are indigent.

HI HB383

Relating To The Uniform Probate Code.