75R11016 JMC-F                           

         By Berlanga                                           H.B. No. 2845

         Substitute the following for H.B. No. 2845:

         By Reyna of Bexar                                 C.S.H.B. No. 2845

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the authority of a justice of the peace to reopen an

 1-3     inquest.

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

 1-5           SECTION 1.  Subchapter A, Chapter 49, Code of Criminal

 1-6     Procedure, is amended by adding Article 49.041 to read as follows:

 1-7           Art. 49.041.  REOPENING AN INQUEST.  A justice of the peace

 1-8     may reopen an inquest if, based on information provided by a

 1-9     credible person or facts within the knowledge of the justice of the

1-10     peace, the justice of the peace determines that reopening the

1-11     inquest may reveal a different cause or different circumstances of

1-12     death.

1-13           SECTION 2.  This Act takes effect September 1, 1997.

1-14           SECTION 3.  The change in law made by this Act applies to an

1-15     inquest into the death of a person who dies before, on, or after

1-16     the effective date of this Act.

1-17           SECTION 4.  The importance of this legislation and the

1-18     crowded condition of the calendars in both houses create an

1-19     emergency and an imperative public necessity that the

1-20     constitutional rule requiring bills to be read on three several

1-21     days in each house be suspended, and this rule is hereby suspended.