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


Senate Research Center   S.B. 164
77R2545 GWK-FBy: Madla
Jurisprudence
2/15/2001
As Filed


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.  As proposed, 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
require 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 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. 

Requires 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.