By Wise                                         H.B. No. 1994

      75R5638 PEP-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the payment of certain costs incurred in the

 1-3     investigation of criminal or injurious conduct.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Article 56.06, Code of Criminal Procedure, is

 1-6     amended to read as follows:

 1-7           Art. 56.06.  COSTS OF CERTAIN INVESTIGATORY EXAMINATIONS

 1-8     [MEDICAL EXAMINATION].  (a)  A law enforcement agency that requests

 1-9     a medical, dental, or mental health examination of a victim of an

1-10     alleged felony offense under Title 5 or Title 6, Penal Code,

1-11     [sexual assault] for use in the investigation or prosecution of the

1-12     offense shall pay all costs of the examination.  A law enforcement

1-13     agency or prosecuting attorney's office may pay all costs related

1-14     to the testimony of a licensed health care professional in a

1-15     criminal proceeding regarding the results of the medical, dental,

1-16     or mental health examination or the manner in which it was

1-17     performed.

1-18           (b)  This article does not require a law enforcement agency

1-19     to pay any costs of treatment for injuries.

1-20           SECTION 2.  Sections 261.302(a) and (c), Family Code, are

1-21     amended to read as follows:

1-22           (a)  The investigation may include:

1-23                 (1)  a visit to the child's home, unless the alleged

1-24     abuse or neglect can be confirmed or clearly ruled out without a

 2-1     home visit; and

 2-2                 (2)  an interview with and examination of the subject

 2-3     child, which may include a medical, dental, psychological, or

 2-4     psychiatric examination.

 2-5           (c)  The investigation may include an interview with the

 2-6     child's parents and an interview with and medical, dental,

 2-7     psychological, or psychiatric examination of any child in the home.

 2-8           SECTION 3.  Subchapter D, Chapter 261, Family Code, is

 2-9     amended by adding Section 261.313 to read as follows:

2-10           Sec. 261.313.  COSTS OF CERTAIN INVESTIGATORY EXAMINATIONS.

2-11     If the department or designated agency or a designee of the

2-12     department or agency conducts a medical, dental, psychological, or

2-13     psychiatric examination of a child under Section 261.302, the

2-14     department or agency shall pay all costs of the examination.

2-15           SECTION 4.  This Act takes effect September 1, 1997, and

2-16     applies only to a medical, dental, or mental health examination

2-17     conducted on or after that date.

2-18           SECTION 5.  The importance of this legislation and the

2-19     crowded condition of the calendars in both houses create an

2-20     emergency and an imperative public necessity that the

2-21     constitutional rule requiring bills to be read on three several

2-22     days in each house be suspended, and this rule is hereby suspended.