BILL ANALYSIS H.B. 576 By: Raymond Public Health Committee Report (Unamended) BACKGROUND AND PURPOSE A constituent was unable to access certain autopsy records of a family member because of the limitations on disclosing such records under state law. Next of kin or a legal representative of the deceased should not have to seek a subpoena to access an autopsy photograph or x-ray of the deceased. H.B. 576 seeks to remove this burden by making these autopsy records subject to disclosure to the deceased's next of kin or legal representative. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.B. 576 amends the Code of Criminal Procedure to subject a photograph or x-ray of a body taken during an autopsy that is excepted from required public disclosure in accordance with state public information law to disclosure to the next of kin or legal representative of the deceased, subject to a discretionary exception under state public information law. This provision applies only to a request for public information that is received by a governmental body or an officer on or after the bill's effective date. EFFECTIVE DATE September 1, 2023.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 576
By: Raymond
Public Health
Committee Report (Unamended)
H.B. 576
By: Raymond
Public Health
Committee Report (Unamended)
BACKGROUND AND PURPOSE A constituent was unable to access certain autopsy records of a family member because of the limitations on disclosing such records under state law. Next of kin or a legal representative of the deceased should not have to seek a subpoena to access an autopsy photograph or x-ray of the deceased. H.B. 576 seeks to remove this burden by making these autopsy records subject to disclosure to the deceased's next of kin or legal representative.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS H.B. 576 amends the Code of Criminal Procedure to subject a photograph or x-ray of a body taken during an autopsy that is excepted from required public disclosure in accordance with state public information law to disclosure to the next of kin or legal representative of the deceased, subject to a discretionary exception under state public information law. This provision applies only to a request for public information that is received by a governmental body or an officer on or after the bill's effective date.
EFFECTIVE DATE September 1, 2023.
BACKGROUND AND PURPOSE
A constituent was unable to access certain autopsy records of a family member because of the limitations on disclosing such records under state law. Next of kin or a legal representative of the deceased should not have to seek a subpoena to access an autopsy photograph or x-ray of the deceased. H.B. 576 seeks to remove this burden by making these autopsy records subject to disclosure to the deceased's next of kin or legal representative.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 576 amends the Code of Criminal Procedure to subject a photograph or x-ray of a body taken during an autopsy that is excepted from required public disclosure in accordance with state public information law to disclosure to the next of kin or legal representative of the deceased, subject to a discretionary exception under state public information law. This provision applies only to a request for public information that is received by a governmental body or an officer on or after the bill's effective date.
EFFECTIVE DATE
September 1, 2023.