AN ACT

 1-1     relating to autopsies performed on a body and inquests required if

 1-2     the deceased was a child younger than six years of age.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subsection (e), Article 49.10, Code of Criminal

 1-5     Procedure, is amended to read as follows:

 1-6           (e)  A justice of the peace shall order an autopsy performed

 1-7     on a body if:

 1-8                 (1)  the justice determines that an autopsy is

 1-9     necessary to determine or confirm the nature and cause of death;

1-10                 (2)  the deceased was a child younger than six years of

1-11     age and the death is determined [was reported] under Section

1-12     264.514 [Chapter 264], Family Code, to be unexpected; or

1-13                 (3)  directed to do so by the district attorney,

1-14     criminal district attorney, or, if there is no district or criminal

1-15     district attorney, the county attorney.

1-16           SECTION 2.  Subsection (a), Section 264.514, Family Code, is

1-17     amended to read as follows:

1-18           (a)  A medical examiner or justice of the peace notified of a

1-19     death of a child under Section 264.513 shall hold an inquest under

1-20     Chapter 49, Code of Criminal Procedure, to determine whether the

1-21     death is unexpected.  An inquest is not required under this

1-22     subchapter if the child's death is expected and is due to a

1-23     congenital or neoplastic disease.  A death caused by an infectious

 2-1     disease may be considered an expected death if:

 2-2                 (1)  the disease was not acquired as a result of trauma

 2-3     or poisoning;

 2-4                 (2)  the infectious organism is identified using

 2-5     standard medical procedures; and

 2-6                 (3)  the death is not reportable to the Texas

 2-7     Department of Health under Chapter 81, Health and Safety Code.

 2-8           SECTION 3.  This Act takes effect September 1, 1997, and

 2-9     applies only to a death of a child younger than six years of age

2-10     that occurs on or after September 1, 1997.  A death of a child that

2-11     occurs before September 1, 1997, is governed by the law as it

2-12     existed immediately before the effective date of this Act, and that

2-13     law is continued in effect for that purpose.

2-14           SECTION 4.  The importance of this legislation and the

2-15     crowded condition of the calendars in both houses create an

2-16     emergency and an imperative public necessity that the

2-17     constitutional rule requiring bills to be read on three several

2-18     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 502 passed the Senate on

         April 24, 1997, by the following vote:  Yeas 29, Nays 0.

                                             _______________________________

                                                 Secretary of the Senate

               I hereby certify that S.B. No. 502 passed the House on

         May 26, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

         Approved:

         _______________________________

                     Date

         _______________________________

                   Governor