By: Turner of Dallas, Oliverson, Guerra H.B. No. 1011
(Senate Sponsor - Zaffirini)
(In the Senate - Received from the House April 12, 2021;
April 19, 2021, read first time and referred to Committee on Health &
Human Services; May 13, 2021, reported favorably by the following
vote: Yeas 9, Nays 0; May 13, 2021, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to expedited death certificates for religious purposes in
certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 193, Health and Safety Code, is amended
by adding Section 193.0025 to read as follows:
Sec. 193.0025. EXPEDITED DEATH CERTIFICATES FOR RELIGIOUS
PURPOSES IN CERTAIN COUNTIES. (a) This section applies only to a
county:
(1) with an office of medical examiner established in
accordance with Section 1, Article 49.25, Code of Criminal
Procedure; and
(2) for which the commissioners court of the county by
resolution elects for this section to apply.
(b) This section does not apply to a county that entered
into an agreement with another county to create a medical examiners
district under Section 1-a, Article 49.25, Code of Criminal
Procedure, unless:
(1) the office of medical examiner is located in the
county and the county has adopted a resolution described by
Subsection (a)(2); or
(2) notwithstanding Subsection (a), the county elects
for this section to apply in the agreement creating the district.
(c) An individual may submit to the person required to file
a death certificate under Section 193.002 a written request for the
person to expedite the completion of a decedent's death certificate
if the requestor demonstrates that:
(1) the expedited completion is necessary for
religious purposes;
(2) the decedent's remains will be interred, entombed,
buried, cremated, or otherwise laid to rest in a foreign country;
and
(3) the requestor is authorized to obtain a copy of the
death certificate.
(d) A person who receives a request under Subsection (c)
shall issue a copy of the decedent's death certificate to the
requestor not later than 48 hours after the time the person receives
the request unless an inquest will be conducted for the decedent.
(e) For purposes of completing an expedited death
certificate under this section, a medical examiner may:
(1) perform a medical examination; and
(2) complete the medical certification, provided:
(A) the medical examiner has access to the
decedent's medical history relevant to the death;
(B) the decedent's death is due to natural
causes; and
(C) the medical examiner serves as medical
examiner of the county in which the death occurred.
(f) The executive commissioner shall adopt rules necessary
to implement this section.
SECTION 2. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt rules necessary to implement
Section 193.0025, Health and Safety Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2021.
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