HBA-SEB H.B. 1387 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1387
By: Van de Putte
Juvenile Justice and Family Issues
7/7/1999
Enrolled



BACKGROUND AND PURPOSE 

In 1977, the Texas Legislature passed a law which required the Texas
Department of Health (TDH) to pay for the reasonable cost of an autopsy
performed on a child who dies of sudden infant death syndrome (SIDS).
Later, in 1995, the legislature enacted an unrelated measure in an effort
to collect information on the causes of deaths of children younger than six
years old by requiring an autopsy to be performed on children in that age
group who die suddenly and unexpectedly.  TDH interpreted the 1995
legislation as a relief from the requirement to pay for an autopsy for a
child who dies of SIDS.  H.B. 1387 specifies that the state pays for an
autopsy of a child younger than 12 months old if the cause of death is
unknown and sets forth the occasion for which a justice of the peace must
conduct an inquest into the death of a child.       

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Department of Health in
SECTION 1 (Section 673.002, Health and Safety  Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 673.002, Health and Safety Code, to require the
death in this state of a child younger than 12 months old, rather than two
years old, to be immediately reported to the justice of the peace, medical
examiner, or other proper official as prescribed by law if the child dies
suddenly or is found dead and the cause of death is unknown.  Deletes
coroner from the list of officials requiring notification.  Requires the
justice of the peace or medical examiner to inform the child's legal
guardian or parents that an autopsy shall be performed, rather than that an
autopsy may be performed on request.  Requires the state to reimburse a
county $500 for the cost of the autopsy if the primary cause of the child's
death is sudden infant death syndrome (SIDS).  Requires the Texas
Department of Health to adopt rules that define SIDS and describe the
method for obtaining the reimbursement.  Provides that reimbursement is
subject to the availability of funds.  Makes conforming and nonsubstantive
changes. 

SECTION 2.  Amends Article 49.04(a), Code of Criminal Procedure, to require
a justice of the peace to conduct an inquest into the death of a person who
dies in the county served by the justice if the person is a child younger
than six years of age and an inquest is required by Chapter 264, Family
Code (Child Welfare Services).  Makes a conforming change.   

SECTION 3.  Amends Section 264.514(b), Family Code, to require the medical
examiner or justice of the peace to immediately notify an appropriate local
law enforcement agency if the medical examiner or justice of the peace
determines that the death is the result of abuse or neglect. 

SECTION 4.  Effective date: September 1, 1999.
            Makes application of this Act prospective.

SECTION 5.  Emergency clause.