SRC-SLL H.B. 2845 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2845
By: Berlanga (Ellis)
Jurisprudence
5-13-97
Engrossed


DIGEST 

Currently, once a determination of death has been made in Texas, the
ruling on the cause of death is final without the opportunity of being
reviewed if new information arises which may change the cause or manner of
death.  This bill will authorize a justice of the peace to reopen an
inquest. 

PURPOSE

As proposed, H.B. 2845 authorizes a justice of the peace to reopen an
inquest. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 49A, Code of Criminal Procedure, by adding
Article 49.041, as follows: 

Sec.  49.041.  REOPENING AN INQUEST.  Authorizes a justice of the peace to
reopen an inquest if, based on information provided by a credible person
or facts within the knowledge of the justice of the peace, the justice of
the peace determines that reopening the inquest may reveal a different
cause or different circumstances of death. 

SECTION 2. Effective date: September 1, 1997.

SECTION 3. Makes application of this Act retroactive.

SECTION 4. Emergency clause.