HBA-NMO C.S.H.B. 3265 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3265
By: Uher
Criminal Jurisprudence
4/26/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law requires a justice of the peace, for each body that is subject
to an inquest, to either direct a physician to perform an autopsy or
certify that no autopsy is necessary.  If there are no indications of foul
play and the family members of the deceased person do not want an autopsy
performed, this may place undue burden on the justice and the county.
While the law authorizes a justice to waive the autopsy, many are concerned
with liability.  C.S.H.B. 3265 requires a justice of the peace, at the
justice's discretion, to either direct a physician to perform an autopsy or
certify that no autopsy is necessary, for each body that is the subject of
an inquest. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 49.10(c), Code of Criminal Procedure, to require
a  justice of the peace, in the justice's discretion, rather than require a
justice of the peace, to either direct a physician to perform an autopsy or
certify that no autopsy is necessary, for each body that is the subject of
an inquest. 

SECTION 3.  Emergency clause.
  Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute makes a nonsubstantive change to the caption.

The substitute modifies the original in SECTION 1 (Article 49.10(c)) by
requiring a justice of the peace, in the justice's discretion, to either
direct a physician to perform an autopsy or certify that no autopsy is
necessary, for each body that is the subject of an inquest.  The original
would have granted a justice of the peace discretion to either direct a
physician to perform an autopsy or certify that no autopsy is necessary,
for each body that is the subject of an inquest. 

The substitute deletes SECTION 2 of the original that would have provided
that this Act take effect on September 1, 1999. 

The substitute redesignates SECTION 3 of the original as SECTION 2 and
modifies it by setting forth a long emergency clause, rather than a short
emergency clause.