By Van de Putte H.B. No. 1387
76R10359 MCK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to investigating certain deaths and performing autopsies
1-3 on certain bodies.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 673.002, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 673.002. AUTOPSY. (a) The death in this state of a
1-8 child 12 months old or younger [than two years old] shall be
1-9 immediately reported to the justice of the peace, [coroner,]
1-10 medical examiner, or other proper official as prescribed by law if
1-11 the child dies suddenly or is found dead and if the cause of death
1-12 is unknown.
1-13 (b) The justice of the peace[, coroner,] or medical examiner
1-14 shall inform the child's legal guardian or parents that an autopsy
1-15 shall be performed [they may request an autopsy to be performed] on
1-16 the child. The [and that the] state shall reimburse a county $500
1-17 for the cost [will pay the reasonable costs] of the autopsy if the
1-18 primary cause of death of the child is sudden infant death
1-19 syndrome. The department shall adopt rules that:
1-20 (1) define sudden infant death syndrome; and
1-21 (2) describe the method for obtaining reimbursement
1-22 for the cost of an autopsy.
1-23 (c) After the autopsy is completed, the [If the child's
1-24 parents or legal guardian request an autopsy, the justice of the
2-1 peace, coroner, or medical examiner shall arrange for the autopsy.
2-2 The] child's parents or legal guardian shall be [promptly] notified
2-3 of the autopsy results.
2-4 (d) [The reasonable costs of an autopsy performed under this
2-5 section shall be reported to the commissioner. The commissioner
2-6 shall instruct the comptroller of public accounts to pay the claim
2-7 out of funds appropriated for that purpose.]
2-8 [(e) The commissioner shall determine if a claim for the
2-9 costs of an autopsy is reasonable and proper.]
2-10 [(f)] This section does not affect the duties of the justice
2-11 of the peace[, coroner,] or medical examiner prescribed by other
2-12 laws.
2-13 SECTION 2. Article 49.04(a), Code of Criminal Procedure, is
2-14 amended to read as follows:
2-15 (a) A justice of the peace shall conduct an inquest into the
2-16 death of a person who dies in the county served by the justice if:
2-17 (1) the person dies in prison under circumstances
2-18 other than those described by Section 501.055(b), Government Code,
2-19 or in jail;
2-20 (2) the person dies an unnatural death from a cause
2-21 other than a legal execution;
2-22 (3) the body of a person is found, the cause or
2-23 circumstances of death are unknown, and:
2-24 (A) the body is identified; or
2-25 (B) the body is unidentified;
2-26 (4) the circumstances of the death indicate that the
2-27 death may have been caused by unlawful means;
3-1 (5) the person commits suicide or the circumstances of
3-2 the death indicate that the death may have been caused by suicide;
3-3 (6) the person dies without having been attended by a
3-4 physician;
3-5 (7) the person dies while attended by a physician who
3-6 is unable to certify the cause of death and who requests the
3-7 justice of the peace to conduct an inquest; or
3-8 (8) the person is a child [who is] younger than six
3-9 years of age and an inquest is required by [the death is reported
3-10 under] Chapter 264, Family Code.
3-11 SECTION 3. Section 264.514(b), Family Code, is amended to
3-12 read as follows:
3-13 (b) The medical examiner or justice of the peace shall
3-14 immediately notify an appropriate local law enforcement agency if
3-15 the medical examiner or justice of the peace determines that the
3-16 death is unexpected or the result of abuse or neglect, and that
3-17 agency shall investigate the child's death.
3-18 SECTION 4. This Act takes effect September 1, 1999, and
3-19 applies only to a death that occurs on or after that date.
3-20 SECTION 5. The importance of this legislation and the
3-21 crowded condition of the calendars in both houses create an
3-22 emergency and an imperative public necessity that the
3-23 constitutional rule requiring bills to be read on three several
3-24 days in each house be suspended, and this rule is hereby suspended.