SRC-BWC, TBR S.B. 164 77(R)BILL ANALYSIS


Senate Research CenterS.B. 164
By: Madla
Jurisprudence
6/13/2001
Enrolled


DIGEST AND PURPOSE 

The 70th Legislature deleted the terminology in the Code of Criminal
Procedure that permitted a county judge and other listed officials to
conduct an inquest if the justice of the peace (justice) was unavailable.
This has placed an added burden on counties, some of which only have one
justice, to initiate a death inquest when the justice or justices are out
of the county fulfilling educational requirements or personal
responsibilities.  Many Texas counties do not have medical examiners to
initiate an emergency death inquest.  S.B. 164 returns to statutory
provision, the ability of another county elected official to perform
inquest duties when necessary.   

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 49.07 (c), Code of Criminal Procedure, to
provide that if the justice of the peace who serves the precinct in which
the body was found is not available to conduct an inquest, a person
required to give notice under this article is required to give notice under
this article to the nearest justice of the peace serving the county in
which the body was found, and that justice of the peace will conduct the
inquest. 

Provides that if no justice of the peace serving the county in which the
body was found is available to conduct an inquest, a  person required to
give notice under this article is required to notify the county judge, and
the county judge will initiate the inquest.  Authorizes the county judge to
exercise any power and perform any duty otherwise granted to or imposed
under this subchapter on the justice of the peace serving the county in
which the body was found, except that not later than the fifth day after
the day on which the inquest is initiated, the county judge is required to
transfer all information obtained by the judge to the justice of the peace
in whose precinct the body was found for final disposition of the matter. 

SECTION 2.  Effective date: upon passage or September 1, 2001.