H.B. No. 881
AN ACT
relating to the right of a parent of a deceased person to view the
person's body before an autopsy is performed.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter D, Chapter 49, Code of
Criminal Procedure, is amended to read as follows:
SUBCHAPTER D. [PARENTAL] RIGHT OF PARENT OF DECEASED PERSON TO VIEW
PERSON'S BODY [DECEASED CHILD]
SECTION 2. The heading to Article 49.52, Code of Criminal
Procedure, is amended to read as follows:
Art. 49.52. [PARENTAL] RIGHT OF PARENT OF DECEASED PERSON
TO VIEW PERSON'S BODY [DECEASED CHILD].
SECTION 3. Articles 49.52(a), (b), and (c), Code of
Criminal Procedure, are amended to read as follows:
(a) Except as provided by Subsection (b) or (c), a parent of
a deceased person [child] is entitled to view the person's [child's]
body before a justice of the peace or the medical examiner, as
applicable, for the county in which the death occurred assumes
control over the body under Subchapter A or B, as applicable. If the
person's [child's] death occurred at a hospital or other health care
facility, the viewing may be conducted at the hospital or facility.
(b) A parent of a deceased person [child] may not view the
person's [child's] body after a justice of the peace or medical
examiner described by Subsection (a) assumes control over the body
under Subchapter A or B, as applicable, unless the parent first
obtains the consent of the justice of the peace or medical examiner
or a person acting on behalf of the justice of the peace or medical
examiner.
(c) A viewing of the body of a deceased person under this
article [child] whose death is determined to be subject to an
inquest under Article 49.04 or 49.25, as applicable, must be
conducted in compliance with the following conditions:
(1) the viewing must be supervised by:
(A) if law enforcement has assumed control over
the body at the time of the viewing, an appropriate peace officer
or, with the officer's consent, a person described by Paragraph
(B); or
(B) a physician, registered nurse, or licensed
vocational nurse or the justice of the peace or the medical examiner
or a person acting on behalf of the justice of the peace or medical
examiner;
(2) a parent of the deceased person [child] may not
have contact with the person's [child's] body unless the parent
first obtains the consent of the justice of the peace or medical
examiner or a person acting on behalf of the justice of the peace or
medical examiner; and
(3) a person may not remove a medical device from the
deceased person's [child's] body or otherwise alter the condition
of the body for purposes of conducting the viewing unless the person
first obtains the consent of the justice of the peace or medical
examiner or a person acting on behalf of the justice of the peace or
medical examiner.
SECTION 4. Article 49.51(1), Code of Criminal Procedure, is
repealed.
SECTION 5. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 881 was passed by the House on April
12, 2019, by the following vote: Yeas 143, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 881 was passed by the Senate on May
21, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor