86R13050 AJZ-D
By: Raymond H.B. No. 3294
A BILL TO BE ENTITLED
AN ACT
relating to reimbursing a commissioners court for the reasonable
cost of transporting a body for the purpose of an autopsy.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 49.10, Code of Criminal Procedure, is
amended by adding Subsection (h-1) to read as follows:
(h-1) A commissioners court that pays a fee to transport a
body to or from a place where an autopsy can be performed under this
article may seek reimbursement for the reasonable costs of the
transportation as provided by this subsection. On application to
the attorney general, the commissioners court may be reimbursed
from the compensation to victims of crime fund if the physician
performing the autopsy determines the death was caused by unlawful
means. On application to the attorney representing the state or the
head of a law enforcement agency, a commissioners court may be
reimbursed from civil asset forfeiture proceeds as provided by
Article 59.06(t), regardless of the circumstances of the death.
The commissioners court may not be reimbursed from more than one
source under this subsection.
SECTION 2. Article 56.54(k), Code of Criminal Procedure, is
amended to read as follows:
(k) The attorney general may use the compensation to victims
of crime fund to:
(1) reimburse a law enforcement agency for the
reasonable costs of a forensic medical examination that are
incurred by the agency under Article 56.06 or 56.065; [and]
(2) make a payment to or on behalf of an individual for
the reasonable costs incurred for medical care provided under
Article 56.06 or 56.065 in accordance with Section 323.004, Health
and Safety Code; and
(3) as provided by Article 49.10, reimburse a
commissioners court for the reasonable cost of transporting a body
for the purpose of an autopsy.
SECTION 3. Article 59.06, Code of Criminal Procedure, is
amended by adding Subsection (t) to read as follows:
(t) As a specific exception to Subsection (c) that the funds
described by that subsection be used only for the official purposes
of the attorney representing the state or for law enforcement
purposes, the attorney representing the state or the head of a law
enforcement agency, as applicable, may use any portion of the gross
amount credited to the attorney's or agency's special fund under
Subsection (c) to reimburse a commissioners court for the
reasonable cost of transporting a body for the purpose of an
autopsy.
SECTION 4. This Act takes effect September 1, 2019.