By Wise                                                H.B. No. 355
         76R2280 PEP-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the payment of certain costs incurred in the
 1-3     investigation of criminal or injurious conduct.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Article 56.06, Code of Criminal Procedure, is
 1-6     amended to read as follows:
 1-7           Art. 56.06.  COSTS OF CERTAIN INVESTIGATORY EXAMINATIONS
 1-8     [MEDICAL EXAMINATION].  (a)  A law enforcement agency that requests
 1-9     a medical, dental, or mental health examination of a victim of an
1-10     alleged felony offense under Title 5 or Title 6, Penal Code,
1-11     [sexual assault] for use in the investigation or prosecution of the
1-12     offense shall pay all costs of the examination.  A law enforcement
1-13     agency or prosecuting attorney's office may pay all costs related
1-14     to the testimony of a licensed health care professional in a
1-15     criminal proceeding regarding the results of the medical, dental,
1-16     or mental health examination or the manner in which it was
1-17     performed.
1-18           (b)  This article does not require a law enforcement agency
1-19     to pay any costs of treatment for injuries.
1-20           SECTION 2.  Sections 261.302(a) and (c), Family Code, are
1-21     amended to read as follows:
1-22           (a)  The investigation may include:
1-23                 (1)  a visit to the child's home, unless the alleged
1-24     abuse or neglect can be confirmed or clearly ruled out without a
 2-1     home visit; and
 2-2                 (2)  an interview with and examination of the subject
 2-3     child, which may include a medical, dental, psychological, or
 2-4     psychiatric examination.
 2-5           (c)  The investigation may include an interview with the
 2-6     child's parents and an interview with and medical, dental,
 2-7     psychological, or psychiatric examination of any child in the home.
 2-8           SECTION 3.  Subchapter D, Chapter 261, Family Code, is
 2-9     amended by adding Section 261.313 to read as follows:
2-10           Sec. 261.313.  COSTS OF CERTAIN INVESTIGATORY EXAMINATIONS.
2-11     If the department or designated agency or a designee of the
2-12     department or agency conducts a medical, dental, psychological, or
2-13     psychiatric examination of a child under Section 261.302, the
2-14     department or agency shall pay all costs of the examination.
2-15           SECTION 4.  This Act takes effect September 1, 1999, and
2-16     applies only to a medical, dental, or mental health examination
2-17     conducted on or after that date.
2-18           SECTION 5.  The importance of this legislation and the
2-19     crowded condition of the calendars in both houses create an
2-20     emergency and an imperative public necessity that the
2-21     constitutional rule requiring bills to be read on three several
2-22     days in each house be suspended, and this rule is hereby suspended.