By:  Wise                                                         H.B. No. 74 



A BILL TO BE ENTITLED

AN ACT

relating to the payment of certain costs incurred in the 
investigation of criminal or injurious conduct.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Article 56.06, Code of Criminal Procedure, is 
amended to read as follows:
	Art. 56.06.  COSTS OF CERTAIN INVESTIGATORY EXAMINATIONS
[MEDICAL EXAMINATION].  (a)  A law enforcement agency that requests 
a medical, dental, or mental health examination of a victim of an 
alleged felony offense under Title 5 or Title 6, Penal Code, [sexual 
assault] for use in the investigation or prosecution of the offense 
shall pay all costs of the examination.  A law enforcement agency or 
prosecuting attorney's office may pay all costs related to the 
testimony of a licensed health care professional in a criminal 
proceeding regarding the results of the medical, dental, or mental 
health examination or the manner in which it was performed.
	(b)  This article does not require a law enforcement agency 
to pay any costs of treatment for injuries.
	SECTION 2.   Sections 261.302(a) and (c), Family Code, are 
amended to read as follows:
	(a)  The investigation may include:                                            
		(1)  a visit to the child's home, unless the alleged 
abuse or neglect can be confirmed or clearly ruled out without a 
home visit; and
		(2)  an interview with and examination of the subject 
child, which may include a medical, dental, psychological, or 
psychiatric examination.
	(c)  The investigation may include an interview with the 
child's parents and an interview with and medical, dental,
psychological, or psychiatric examination of any child in the home.
	SECTION 3.   Subchapter D, Chapter 261, Family Code, is 
amended by adding Section 261.313 to read as follows:
	Sec. 261.313.  COSTS OF CERTAIN INVESTIGATORY EXAMINATIONS. 
If the department or designated agency or a designee of the 
department or agency conducts a medical, dental, psychological, or 
psychiatric examination of a child under Section 261.302, the 
department or agency shall pay all costs of the examination.
	SECTION 4.   This Act takes effect September 1, 2003, and 
applies only to a medical, dental, or mental health examination 
conducted on or after that date.