| 1 | | - | H.B. No. 1011 |
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| 1 | + | By: Turner of Dallas, Oliverson, Guerra H.B. No. 1011 |
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| 2 | + | (Senate Sponsor - Zaffirini) |
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| 3 | + | (In the Senate - Received from the House April 12, 2021; |
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| 4 | + | April 19, 2021, read first time and referred to Committee on Health & |
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| 5 | + | Human Services; May 13, 2021, reported favorably by the following |
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| 6 | + | vote: Yeas 9, Nays 0; May 13, 2021, sent to printer.) |
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| 7 | + | Click here to see the committee vote |
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| 4 | 11 | | AN ACT |
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| 5 | 12 | | relating to expedited death certificates for religious purposes in |
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| 6 | 13 | | certain counties. |
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| 7 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 15 | | SECTION 1. Chapter 193, Health and Safety Code, is amended |
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| 9 | 16 | | by adding Section 193.0025 to read as follows: |
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| 10 | 17 | | Sec. 193.0025. EXPEDITED DEATH CERTIFICATES FOR RELIGIOUS |
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| 11 | 18 | | PURPOSES IN CERTAIN COUNTIES. (a) This section applies only to a |
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| 12 | 19 | | county: |
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| 13 | 20 | | (1) with an office of medical examiner established in |
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| 14 | 21 | | accordance with Section 1, Article 49.25, Code of Criminal |
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| 15 | 22 | | Procedure; and |
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| 16 | 23 | | (2) for which the commissioners court of the county by |
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| 17 | 24 | | resolution elects for this section to apply. |
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| 18 | 25 | | (b) This section does not apply to a county that entered |
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| 19 | 26 | | into an agreement with another county to create a medical examiners |
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| 20 | 27 | | district under Section 1-a, Article 49.25, Code of Criminal |
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| 21 | 28 | | Procedure, unless: |
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| 22 | 29 | | (1) the office of medical examiner is located in the |
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| 23 | 30 | | county and the county has adopted a resolution described by |
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| 24 | 31 | | Subsection (a)(2); or |
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| 25 | 32 | | (2) notwithstanding Subsection (a), the county elects |
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| 26 | 33 | | for this section to apply in the agreement creating the district. |
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| 27 | 34 | | (c) An individual may submit to the person required to file |
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| 28 | 35 | | a death certificate under Section 193.002 a written request for the |
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| 29 | 36 | | person to expedite the completion of a decedent's death certificate |
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| 30 | 37 | | if the requestor demonstrates that: |
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| 31 | 38 | | (1) the expedited completion is necessary for |
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| 32 | 39 | | religious purposes; |
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| 33 | 40 | | (2) the decedent's remains will be interred, entombed, |
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| 34 | 41 | | buried, cremated, or otherwise laid to rest in a foreign country; |
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| 35 | 42 | | and |
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| 36 | 43 | | (3) the requestor is authorized to obtain a copy of the |
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| 37 | 44 | | death certificate. |
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| 38 | 45 | | (d) A person who receives a request under Subsection (c) |
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| 39 | 46 | | shall issue a copy of the decedent's death certificate to the |
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| 40 | 47 | | requestor not later than 48 hours after the time the person receives |
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| 41 | 48 | | the request unless an inquest will be conducted for the decedent. |
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| 42 | 49 | | (e) For purposes of completing an expedited death |
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| 43 | 50 | | certificate under this section, a medical examiner may: |
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| 44 | 51 | | (1) perform a medical examination; and |
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| 45 | 52 | | (2) complete the medical certification, provided: |
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| 46 | 53 | | (A) the medical examiner has access to the |
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| 47 | 54 | | decedent's medical history relevant to the death; |
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| 48 | 55 | | (B) the decedent's death is due to natural |
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| 49 | 56 | | causes; and |
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| 50 | 57 | | (C) the medical examiner serves as medical |
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| 51 | 58 | | examiner of the county in which the death occurred. |
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| 52 | 59 | | (f) The executive commissioner shall adopt rules necessary |
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| 53 | 60 | | to implement this section. |
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| 54 | 61 | | SECTION 2. As soon as practicable after the effective date |
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| 55 | 62 | | of this Act, the executive commissioner of the Health and Human |
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| 56 | 63 | | Services Commission shall adopt rules necessary to implement |
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| 57 | 64 | | Section 193.0025, Health and Safety Code, as added by this Act. |
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| 58 | 65 | | SECTION 3. This Act takes effect September 1, 2021. |
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| 59 | | - | ______________________________ ______________________________ |
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| 60 | | - | President of the Senate Speaker of the House |
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| 61 | | - | I certify that H.B. No. 1011 was passed by the House on April |
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| 62 | | - | 9, 2021, by the following vote: Yeas 144, Nays 0, 2 present, not |
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| 63 | | - | voting. |
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| 64 | | - | ______________________________ |
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| 65 | | - | Chief Clerk of the House |
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| 66 | | - | I certify that H.B. No. 1011 was passed by the Senate on May |
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| 67 | | - | 19, 2021, by the following vote: Yeas 31, Nays 0. |
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| 68 | | - | ______________________________ |
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| 69 | | - | Secretary of the Senate |
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| 70 | | - | APPROVED: _____________________ |
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| 71 | | - | Date |
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| 72 | | - | _____________________ |
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| 73 | | - | Governor |
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| 66 | + | * * * * * |
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