SRC-DBM S.B. 389 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 389
76K5417 MCK-DBy: Madla
Health Services
2/12/1999
As Filed


DIGEST 

Currently, Texas law requires the sudden or unknown death of a child
younger than two years of age to be reported to the coroner, justice of
peace,  medical examiner, or other proper official.  Further, the coroner
is authorized to inform the child's legal guardian or parents  that an
autopsy may be performed; the costs  are to be paid by the state.  This
bill will require the justice of peace or  medical examiner to perform an
autopsy on a child 12 months or younger whose cause of  death is sudden or
unknown and to inform the child's legal guardian or parents of the autopsy;
the costs are to paid by the state if the primary cause of death is sudden
infant death syndrome.  Further, the justice of peace or medical examiner
will be required to immediately notify local law enforcement if the death
of a child 12 months old or younger is unexpected or the result of abuse or
neglect. 

PURPOSE

As proposed, S.B. 389 provides for the investigation of certain deaths and
performance of autopsies on certain bodies. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Department of Health in
SECTION 1 (Section 673.002(b), Health and Safety Code) of  this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 673.002, Health and Safety Code, to require any
sudden death or  unknown cause of  death of a child 12 months old or
younger to  be immediately reported to the medical examiner or other
appropriate official.  Requires the state to pay reasonable autopsy costs
if cause of death is sudden infant death syndrome.  Requires the Texas
Department of Health to adopt certain rules. Requires notification of
child's legal guardian or parents after the autopsy is completed. 

SECTION 2.  Amends Article 49.04(a), Code of Criminal Procedure, to require
a justice of peace to conduct an inquest into the death of a person in
their county if the death of  a child younger than six years old is
unexpected or caused by abuse or neglect as determined by  Section 264.514,
Family Code. 

SECTION 3.  Amends Section 264.514(b), Family Code, to require  the medical
examiner or justice of peace to notify local law enforcement of an
unexpected death or death caused by abuse or neglect who will investigate
the child's death. 

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

SECTION 5.  Emergency clause.