1-1                                   AN ACT

 1-2     relating to the death of an inmate in the custody of the Texas

 1-3     Department of Criminal Justice or imprisoned in a facility operated

 1-4     by or under contract with the department.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Subsection (c), Article 49.18, Code of Criminal

 1-7     Procedure, is amended to read as follows:

 1-8           (c)  Subsection (a) [This article] does not apply to a death

 1-9     that occurs in a facility operated by or under contract with the

1-10     Texas Department of Criminal Justice.  Subsection (b) does not

1-11     apply to a death that occurs in a facility operated by or under

1-12     contract with the Texas Department of Criminal Justice if the death

1-13     occurs under circumstances described by Section 501.055(b),

1-14     Government Code.

1-15           SECTION 2.  Section 501.055, Government Code, is amended to

1-16     read as follows:

1-17           Sec. 501.055.  REPORT OF INMATE DEATH.  (a)  If an inmate

1-18     dies while in the custody of [confined in a facility operated by or

1-19     under contract with] the department, an employee of the facility

1-20     who is in charge of the inmate shall immediately notify the nearest

1-21     justice of the peace serving in the county in which the inmate died

1-22     and the office of internal affairs for the department. The justice

1-23     shall personally inspect the body and make an inquiry as to the

1-24     cause of death. The justice shall make written copies of evidence

 2-1     taken during the inquest, and give one copy to the director and one

 2-2     copy to a district judge serving in the county in which the inmate

 2-3     died. The judge shall provide the copy to the grand jury and, if

 2-4     the judge determines the evidence indicates wrongdoing, instruct

 2-5     the grand jury to thoroughly investigate the cause of death.

 2-6           (b)  Subsection (a) does not apply if the inmate:

 2-7                 (1)  dies of natural causes while attended by a

 2-8     physician or a registered nurse [and an autopsy is scheduled to be

 2-9     performed]; or

2-10                 (2)  is lawfully executed.

2-11           (c)  If an inmate dies as described by Subsection (b)(1), the

2-12     department or an authorized official of the department shall

2-13     immediately attempt to notify the next of kin of the inmate that

2-14     the inmate has died, state the time of the inmate's death, and

2-15     inform the next of kin that unless the next of kin objects to the

2-16     department within eight hours of the stated time of death, an

2-17     autopsy will be conducted on the inmate.

2-18           (d)  If the next of kin consents to the autopsy or does not

2-19     within eight hours of the time of death object to the department

2-20     about the autopsy, the department or an authorized official of the

2-21     department shall order an autopsy to be conducted on the inmate.

2-22     The order of an autopsy under this subsection constitutes consent

2-23     to an autopsy for the purposes of Article 49.13(b), Code of

2-24     Criminal Procedure.

2-25           (e)  For purposes of this section, an "inmate in the custody

2-26     of the department" is a convicted felon who:

2-27                 (1)  is confined in a secure correctional facility

 3-1     operated by or under contract with the department; or

 3-2                 (2)  has been admitted for treatment into a hospital

 3-3     while remaining in the custody of the department.

 3-4           SECTION 3.  Subchapter B, Chapter 501, Government Code, is

 3-5     amended by adding Section 501.0551 to read as follows:

 3-6           Sec. 501.0551.  ANATOMICAL GIFTS.  (a)  The department,

 3-7     during the diagnostic process, shall provide each inmate with a

 3-8     form on which the inmate may indicate whether the inmate wishes to

 3-9     be an eye, tissue, or organ donor if the inmate dies while in the

3-10     custody of the department.

3-11           (b)  If an inmate indicates on the form that the inmate

3-12     wishes to be a donor, the effect is the same as if the inmate

3-13     executed a statement of gift under Section 521.401, Transportation

3-14     Code.

3-15           (c)  The department shall adopt procedures to provide inmates

3-16     with the form described by Subsection (a).

3-17           (d)  In addition to  providing inmates with the form

3-18     described by Subsection (a) during the diagnostic process, the

3-19     department shall make the forms available to inmates in the custody

3-20     of the department who have completed the diagnostic process.  For

3-21     this purpose, the department shall prominently display the forms in

3-22     areas accessible to inmates and provide with the forms information

3-23     about the ability of inmates to execute a statement of gift and the

3-24     effect of that execution.  This subsection expires September 1,

3-25     2002.

3-26           SECTION 4.  Article 49.13, Code of Criminal Procedure, is

3-27     amended to read as follows:

 4-1           Art. 49.13.  CONSENT TO AUTOPSY.  (a)  Consent for a

 4-2     physician to conduct an autopsy is sufficient if given by the

 4-3     following:

 4-4                 (1)  if the deceased was married, the surviving spouse;

 4-5                 (2)  if the deceased was married but not survived by a

 4-6     spouse, an adult child of the deceased;

 4-7                 (3)  if the deceased was married but not survived by a

 4-8     spouse, and a child of the deceased is under the care of a guardian

 4-9     or a court, the guardian or court having care of the child; or

4-10                 (4)  if the deceased person was unmarried or is not

4-11     survived by a spouse or a child, the following persons in the order

4-12     stated:

4-13                       (A)  a parent;

4-14                       (B)  a guardian;

4-15                       (C)  the next of kin; or

4-16                       (D)  any person who assumes custody of and

4-17     responsibility for the burial of the body.

4-18           (b)  Notwithstanding Subsection (a), consent for a physician

4-19     to conduct an autopsy is sufficient if given by the Texas

4-20     Department of Criminal Justice or an authorized official of the

4-21     department in accordance with Section 501.055, Government Code.

4-22           SECTION 5.  The changes in law made by Sections 1, 2, and 4

4-23     of this Act apply only to the investigation of the death of an

4-24     inmate who dies on or after the effective date of this Act.  The

4-25     investigation of the death of an inmate who dies before the

4-26     effective date of this Act is covered by the law in effect when the

4-27     inmate died, and the former law is continued in effect for that

 5-1     purpose.

 5-2           SECTION 6.  The importance of this legislation and the

 5-3     crowded condition of the calendars in both houses create an

 5-4     emergency and an imperative public necessity that the

 5-5     constitutional rule requiring bills to be read on three several

 5-6     days in each house be suspended, and this rule is hereby suspended,

 5-7     and that this Act take effect and be in force from and after its

 5-8     passage, and it is so enacted.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 2827 was passed by the House on April

         22, 1997, by a non-record vote; and that the House concurred in

         Senate amendments to H.B. No. 2827 on May 28, 1997, by the

         following vote:  Yeas 138, Nays 0, 1 present, not voting.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 2827 was passed by the Senate, with

         amendments, on May 24, 1997, by the following vote:  Yeas 30, Nays

         0.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor