HBA-NMO H.B. 3265 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3265 By: Uher Criminal Jurisprudence 3/30/1999 Introduced BACKGROUND AND PURPOSE Current law requires a justice of the peace, for each body that is subject to an inquest, to either direct a physician to perform an autopsy or certify that no autopsy is necessary. If there are no indications of foul play and the family members of the deceased person do not want an autopsy performed, this may place undue burden on the justice and the county. While the law authorizes a justice to waive the autopsy, many are concerned with liability. H.B. 3265 grants a justice of the peace discretion, rather than requiring a justice of the peace, to either direct a physician to perform an autopsy or certify that no autopsy is necessary, for each body that is the subject of an inquest. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 49.10(c), Code of Criminal Procedure, to grant a justice of the peace discretion, rather than require a justice of the peace, to either direct a physician to perform an autopsy or certify that no autopsy is necessary, for each body that the is subject of an inquest. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.