1-1 By: Van de Putte (Senate Sponsor - Madla) H.B. No. 1387
1-2 (In the Senate - Received from the House May 10, 1999;
1-3 May 10, 1999, read first time and referred to Committee on Health
1-4 Services; May 14, 1999, reported favorably, as amended, by the
1-5 following vote: Yeas 5, Nays 0; May 14, 1999, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Madla
1-7 Amend H.B. 1387 by adding the following (c) on page 1, line
1-8 34 and renumber subsequent sections appropriately.
1-9 "(c) Reimbursement required by (b) of this section is
1-10 subject to the availability of funds."
1-11 A BILL TO BE ENTITLED
1-12 AN ACT
1-13 relating to investigating certain deaths and performing autopsies
1-14 on certain bodies.
1-15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-16 SECTION 1. Section 673.002, Health and Safety Code, is
1-17 amended to read as follows:
1-18 Sec. 673.002. AUTOPSY. (a) The death in this state of a
1-19 child 12 months old or younger [than two years old] shall be
1-20 immediately reported to the justice of the peace, [coroner,]
1-21 medical examiner, or other proper official as prescribed by law if
1-22 the child dies suddenly or is found dead and if the cause of death
1-23 is unknown.
1-24 (b) The justice of the peace[, coroner,] or medical examiner
1-25 shall inform the child's legal guardian or parents that an autopsy
1-26 shall be performed [they may request an autopsy to be performed] on
1-27 the child. The [and that the] state shall reimburse a county $500
1-28 for the cost [will pay the reasonable costs] of the autopsy if the
1-29 primary cause of death of the child is sudden infant death
1-30 syndrome. The department shall adopt rules that:
1-31 (1) define sudden infant death syndrome; and
1-32 (2) describe the method for obtaining reimbursement
1-33 for the cost of an autopsy.
1-34 (c) After the autopsy is completed, the [If the child's
1-35 parents or legal guardian request an autopsy, the justice of the
1-36 peace, coroner, or medical examiner shall arrange for the autopsy.
1-37 The] child's parents or legal guardian shall be [promptly] notified
1-38 of the autopsy results.
1-39 (d) [The reasonable costs of an autopsy performed under this
1-40 section shall be reported to the commissioner. The commissioner
1-41 shall instruct the comptroller of public accounts to pay the claim
1-42 out of funds appropriated for that purpose.]
1-43 [(e) The commissioner shall determine if a claim for the
1-44 costs of an autopsy is reasonable and proper.]
1-45 [(f)] This section does not affect the duties of the justice
1-46 of the peace[, coroner,] or medical examiner prescribed by other
1-47 laws.
1-48 SECTION 2. Article 49.04(a), Code of Criminal Procedure, is
1-49 amended to read as follows:
1-50 (a) A justice of the peace shall conduct an inquest into the
1-51 death of a person who dies in the county served by the justice if:
1-52 (1) the person dies in prison under circumstances
1-53 other than those described by Section 501.055(b), Government Code,
1-54 or in jail;
1-55 (2) the person dies an unnatural death from a cause
1-56 other than a legal execution;
1-57 (3) the body of a person is found, the cause or
1-58 circumstances of death are unknown, and:
1-59 (A) the body is identified; or
1-60 (B) the body is unidentified;
1-61 (4) the circumstances of the death indicate that the
1-62 death may have been caused by unlawful means;
1-63 (5) the person commits suicide or the circumstances of
2-1 the death indicate that the death may have been caused by suicide;
2-2 (6) the person dies without having been attended by a
2-3 physician;
2-4 (7) the person dies while attended by a physician who
2-5 is unable to certify the cause of death and who requests the
2-6 justice of the peace to conduct an inquest; or
2-7 (8) the person is a child [who is] younger than six
2-8 years of age and an inquest is required by [the death is reported
2-9 under] Chapter 264, Family Code.
2-10 SECTION 3. Section 264.514(b), Family Code, is amended to
2-11 read as follows:
2-12 (b) The medical examiner or justice of the peace shall
2-13 immediately notify an appropriate local law enforcement agency if
2-14 the medical examiner or justice of the peace determines that the
2-15 death is unexpected or the result of abuse or neglect, and that
2-16 agency shall investigate the child's death.
2-17 SECTION 4. This Act takes effect September 1, 1999, and
2-18 applies only to a death that occurs on or after that date.
2-19 SECTION 5. The importance of this legislation and the
2-20 crowded condition of the calendars in both houses create an
2-21 emergency and an imperative public necessity that the
2-22 constitutional rule requiring bills to be read on three several
2-23 days in each house be suspended, and this rule is hereby suspended.
2-24 * * * * *