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.