CHAPTER 193. DEATH RECORDS - Texas Statutes

HEALTH AND SAFETY CODE

TITLE 3. VITAL STATISTICS

CHAPTER 193. DEATH RECORDS

Sec. 193.001. FORM OF CERTIFICATE. (a) The department shall

prescribe the form and contents of death certificates and fetal

death certificates.

(b) The social security number shall be recorded on the death

certificate and on any other records related to the death.

(c) The department shall require death certificates and fetal

death certificates to include the name of the place and the

specific number of the plot, crypt, lawn crypt, or niche in which

a decedent's remains will be interred or, if the remains will not

be interred, the place and manner of other disposition.

(d) The bureau of vital statistics and each local registrar

shall make the information provided under Subsection (c)

available to the public and may charge a fee in an amount

prescribed under Section 191.0045 for providing that service.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 502, Sec. 2, eff. Sept. 1,

1995; Acts 1999, 76th Leg., ch. 556, Sec. 73, eff. Sept. 1, 1999.

Sec. 193.002. PERSON REQUIRED TO FILE. The person in charge of

interment or in charge of removal of a body from a registration

district for disposition shall:

(1) obtain and file the death certificate or fetal death

certificate;

(2) enter on the certificate the information relating to

disposition of the body;

(3) sign the certificate; and

(4) file the certificate electronically as specified by the

state registrar.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

302, Sec. 1, eff. September 1, 2007.

Sec. 193.003. TIME AND PLACE FOR FILING DEATH CERTIFICATE. (a)

Not later than the 10th day after the date of a death that occurs

in this state, a death certificate shall be filed with the local

registrar of the registration district in which:

(1) the death occurs; or

(2) the body is found, if the place of death is not known.

(b) Subject to board rules, a certificate of a fetal death that

occurs in this state shall be filed with the local registrar of

the registration district in which:

(1) the fetal death occurs; or

(2) the body is found, if the place of fetal death is not known.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 193.004. PERSONAL AND MEDICAL INFORMATION. (a) The person

required to file a death certificate shall obtain the required

personal information from a competent person with knowledge of

the facts.

(b) The person required to file a fetal death certificate shall

obtain the required personal information from the person best

qualified to furnish the information.

(c) A person required to obtain information under this section

shall obtain the information over the signature of the person who

furnishes the information.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1997, 75th Leg., ch. 1425, Sec. 1, eff. Sept. 1,

1997.

Sec. 193.0041. DISCIPLINARY ACTION PROHIBITED. A state agency

that licenses a person required to file a death certificate under

this chapter may not take disciplinary action against the person

for failure to timely file the certificate if the person supplies

written documentation that the person has made a good faith

effort to file the certificate within the time required by

Section 193.003(a) and the failure to timely file the certificate

results from circumstances beyond the person's control.

Added by Acts 2007, 80th Leg., R.S., Ch.

636, Sec. 1, eff. September 1, 2007.

Sec. 193.005. PERSONAL INFORMATION. (a) A person required to

file a death certificate or fetal death certificate shall obtain

the required medical certification from an attending physician if

the death occurred under medical attendance for the care and

treatment of the condition or disease process that contributed to

the death.

(b) The attending physician shall complete the medical

certification not later than five days after receiving the death

certificate.

(c) An associate physician, the chief medical officer of the

institution where the death occurred, or the physician who

performed an autopsy on the decedent may complete the medical

certification if:

(1) the attending physician is unavailable;

(2) the attending physician approves; and

(3) the person completing the medical certification has access

to the medical history of the case and the death is due to

natural causes.

(d) If a death or fetal death occurs without medical attendance

or is otherwise subject to Chapter 49, Code of Criminal

Procedure, the person required to file the death or fetal death

certificate shall notify the appropriate authority of the death.

(e) A person conducting an inquest required by Chapter 49, Code

of Criminal Procedure, shall:

(1) complete the medical certification not later than five days

after receiving the death or fetal death certificate; and

(2) state on the medical certification the disease that caused

the death or, if the death was from external causes, the means of

death and whether the death was probably accidental, suicidal, or

homicidal, and any other information required by the state

registrar to properly classify the death.

(f) If the identity of the decedent is unknown, the person

conducting the inquest shall obtain and forward to the Department

of Public Safety:

(1) the decedent's fingerprints;

(2) information concerning the decedent's hair color, eye color,

height, weight, deformities, and tattoo marks; and

(3) other facts required for assistance in identifying the

decedent.

(g) If the medical certification cannot be completed in a timely

manner, the person required to complete the medical certification

shall give the funeral director or the person acting as funeral

director notice of the reason for the delay. Final disposition of

the body may not be made unless specifically authorized by the

person responsible for completing the medical certification.

(h) The person completing the medical certification shall submit

the information and attest to its validity using an electronic

process approved by the state registrar.

(i) On receipt of autopsy results or other information that

would change the information in the medical certification on the

death certificate, the appropriate certifier shall immediately

report the change in a manner prescribed by the department to

amend the death certificate.

(j) The death certificate of a decedent who was an inmate of the

Texas Department of Criminal Justice at the time of death and who

was lawfully executed shall classify the manner of death as death

caused by judicially ordered execution.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1997, 75th Leg., ch. 1425, Sec. 2, eff. Sept. 1,

1997.

Amended by:

Acts 2005, 79th Leg., Ch.

285, Sec. 1, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

302, Sec. 2, eff. September 1, 2007.

Sec. 193.006. INFORMATION RELATING TO VETERANS. (a) This

section applies to the death certificate of a person who:

(1) served in a war, campaign, or expedition of the United

States, the Confederate States of America, or the Republic of

Texas;

(2) was the wife or widow of a person who served in a war,

campaign, or expedition of the United States, the Confederate

States of America, or the Republic of Texas; or

(3) at the time of death was in the service of the United

States.

(b) The funeral director or the person in charge of the

disposition of the body shall supply on the reverse side of the

death certificate:

(1) the organization in which service was rendered;

(2) the serial number on the discharge papers or the adjusted

service certificate; and

(3) the name and mailing address of the decedent's next of kin

or next friend.

(c) When the death certificate is filed locally, the local

registrar shall immediately notify the nearest congressionally

chartered veteran organizations.

(d) When the death certificate is filed with the bureau of vital

statistics, the state registrar shall notify the Texas Veterans

Commission.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 260, Sec. 3, eff. Sept. 1,

1991.

Sec. 193.007. DELAYED REGISTRATION OF DEATH. (a) A death that

occurred more than 10 days but less than one year before the date

of an application for registration of death may be recorded on a

death certificate and submitted for filing with the local

registrar of the registration district in which the death

occurred.

(b) To file a record of a death that occurred in this state but

was not registered within one year of the date of death, a person

shall submit a record of the death to the county probate court in

the county in which the death occurred.

(c) The bureau of vital statistics shall furnish a form for

filing records under this section. Records submitted under this

section must be on the form furnished by the bureau. The state

registrar may accept a certificate that is verified as provided

by this section.

(d) The certificate must be supported by the affidavit of:

(1) the physician last in attendance on the decedent or the

funeral director who buried the body; or

(2) if the affidavit of the physician or funeral director cannot

be obtained:

(A) any person who was acquainted with the facts surrounding the

death when the death occurred; and

(B) another person who was acquainted with the facts surrounding

the death but who is not related to the decedent by consanguinity

or affinity, as determined under Chapter 573, Government Code.

(e) For each application under this section, the court shall

collect a $1 fee. The court retains 50 cents of the fee and the

remaining 50 cents is allocated to the clerk of the court for

recording the certificate.

(f) Not later than the seventh day after the date on which a

certificate is accepted and ordered filed by a court under this

section, the clerk of the court shall forward to the bureau of

vital statistics:

(1) the certificate; and

(2) an order from the court that the state registrar accept the

certificate.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 561, Sec. 29, eff. Aug. 26,

1991; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(27), eff. Sept. 1,

1995; Acts 1997, 75th Leg., ch. 1425, Sec. 3, eff. Sept. 1, 1997.

Sec. 193.008. BURIAL-TRANSIT PERMIT. (a) A burial-transit

permit issued under the law and rules of a place outside of this

state in which a death or fetal death occurred authorizes the

transportation of the body in this state. A cemetery or crematory

shall accept the permit as authorization for burial, cremation,

or other disposal of the body in this state.

(b) The department shall prescribe the form and contents of the

burial-transit permit.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 193.009. BURIAL RECORDS. (a) The person in charge of

premises on which interments are made shall keep a record of the

bodies interred or otherwise disposed of on the premises.

(b) The records must include for each decedent:

(1) the decedent's name;

(2) the place of death;

(3) the date of interment or disposal;

(4) the name and address of the funeral director; and

(5) any other information required by the state registrar.

(c) The records are open to official inspection at all times.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 193.010. CERTIFICATE OF DEATH BY CATASTROPHE. (a) In this

section, "catastrophe" means the occurrence of a substantial

force that causes widespread or severe damage, injury, or loss of

life or property and from which it is not reasonable to assume

that a person could survive, including:

(1) flood, earthquake, tornado, or other natural disaster;

(2) explosion, fire, or destruction of a building;

(3) the crash of a motor vehicle, train, or airplane involving

more than one person; or

(4) the overtaking of more than one person by fire, water,

earth, or other substance.

(b) A local registrar shall issue and file a certificate of

death by catastrophe for a person if:

(1) an affidavit is submitted to the registrar stating that:

(A) the person was last reasonably believed to be at the scene

of a catastrophe;

(B) at least 10 days have passed since the day of the

catastrophe;

(C) a diligent search has been made by a governmental authority

and the authority has concluded the search for the person;

(D) the catastrophe was not intentionally caused by the person;

and

(E) the affiant:

(i) does not know whether the person is alive or dead;

(ii) has not received any information about the person's status

since the catastrophe and, barring the person's death, would have

received information about the person's status;

(iii) is not aware of any custody or guardianship issues

involving the person, if the person is a minor or a person for

whom a guardian has been appointed; and

(iv) is not aware of any reasonable motive for the person to

disappear or for another person to abduct the person; and

(2) a written statement signed by an agent of the governmental

authority that conducts a search under Subdivision (1)(C) is

submitted to the registrar stating that the governmental

authority conducted and concluded a search for the person.

(c) The department may issue a certificate of death by

catastrophe for a minor or a person for whom a guardian has been

appointed who is the subject of a custody or guardianship dispute

only if all parties to the dispute submit an affidavit under

Subsection (b).

(d) An insurer shall accept as proof of death of an insured a

certificate of death by catastrophe issued under this section.

Added by Acts 2003, 78th Leg., ch. 1098, Sec. 1, eff. Sept. 1,

2003.

Sec. 193.011. MEMORANDUM OF UNDERSTANDING ON SUICIDE DATA. (a)

In this section, "authorized entity" means a medical examiner, a

local registrar, a local health authority, a local mental health

authority, a community mental health center, a mental health

center that acts as a collection agent for the suicide data

reported by community mental health centers, or any other

political subdivision of this state.

(b) An authorized entity may enter into a memorandum of

understanding with another authorized entity to share suicide

data that does not name a deceased individual. The shared data

may include:

(1) the deceased individual's date of birth, race or national

origin, gender, and zip code of residence;

(2) any school or college the deceased individual was attending

at the time of death;

(3) the suicide method used by the deceased individual;

(4) the deceased individual's status as a veteran or member of

the armed services; and

(5) the date of the deceased individual's death.

(c) The suicide data an authorized entity receives or provides

under Subsection (b) is not confidential.

(d) An authorized entity that receives suicide data under a

memorandum of understanding authorized by this section may

periodically release suicide data that does not name a deceased

individual to an agency or organization with recognized expertise

in suicide prevention. The agency or organization may use

suicide data received by the agency or organization under this

subsection only for suicide prevention purposes.

(e) An authorized entity or an employee or agent of an

authorized entity is not civilly or criminally liable for

receiving or providing suicide data that does not name a deceased

individual and that may be shared under a memorandum of

understanding authorized by this section.

(f) This section does not prohibit the sharing of data as

authorized by other law.

Added by Acts 2009, 81st Leg., R.S., Ch.

100, Sec. 2, eff. May 23, 2009.