78R5773 KCR-F

By:  Keel                                                         H.B. No. 1424



A BILL TO BE ENTITLED

AN ACT

relating to requiring superintendents and general managers of 
institutions to report the deaths of certain individuals; providing 
a criminal penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 49, Code of Criminal 
Procedure, is amended by adding Article 49.24 to read as follows:
	Art. 49.24.  NOTIFICATION AND REPORT OF DEATH OF RESIDENT OF 
INSTITUTION.  (a)  A superintendent or general manager of an 
institution who is required by Article 49.04 to report to a justice 
of the peace the death of an individual under the care, custody, or 
control of or residing in the institution shall:
		(1)  notify the office of the attorney general of the 
individual's death within 24 hours of the death; and
		(2)  prepare and submit to the office of the attorney 
general a report containing all facts relevant to the individual's 
death within 72 hours of the death.
	(b)  The superintendent or general manager of the 
institution shall make a good faith effort to obtain all facts 
relevant to an individual's death and to include those facts in the 
report submitted under Subsection (a)(2).
	(c)  The office of the attorney general may investigate each 
death reported to the office by an institution that receives 
payments through the medical assistance program under Chapter 32, 
Human Resources Code.
	(d)  Except as provided by Subsection (e), the office of the 
attorney general shall make the report submitted under Subsection 
(a)(2) available to any interested person who submits a written 
request for access to the report.
	(e)  The office of the attorney general may deny a person 
access to a report or a portion of a report filed under Subsection 
(a)(2) if the office determines that the report or a portion of the 
report is:
		(1)  privileged from discovery; or                                     
		(2)  exempt from required public disclosure under 
Chapter 552, Government Code.
	(f)  This article does not relieve a superintendent or 
general manager of an institution of the duty of making any other 
notification or report of an individual's death as required by law.
	SECTION 2.  Section 7, Article 49.25, Code of Criminal 
Procedure, is amended by amending Subsection (a) and adding 
Subsection (c) to read as follows:
	(a)  Any police officer, superintendent or general manager
of an institution, physician, or private citizen who shall become 
aware of a death under any of the circumstances set out in Section 
6(a) of this Article, shall immediately report such death to the 
office of the medical examiner or to the city or county police 
departments;  any such report to a city or county police department 
shall be immediately transmitted to the office of the medical 
examiner.
	(c)  A superintendent or general manager of an institution 
who reports a death under Subsection (a) must comply with the notice 
and reporting requirements of Article 49.24.  The office of the 
attorney general has the same powers and duties provided the office 
under that article regarding the dissemination and investigation of 
the report.
	SECTION 3.  Chapter 38, Penal Code, is amended by adding 
Section 38.19 to read as follows:
	Sec. 38.19.  FAILURE TO PROVIDE NOTICE AND REPORT OF DEATH OF 
RESIDENT OF INSTITUTION.  (a)  A superintendent or general manager 
of an institution commits an offense if, as required by Article 
49.24 or 49.25, Code of Criminal Procedure, the person fails to:
		(1)  provide notice of the death of an individual under 
the care, custody, or control of or residing in the institution;
		(2)  submit a report on the death of the individual; or                
		(3)  include in the report material facts known or 
discovered by the person at the time the report was filed.
	(b)  An offense under this section is a Class B misdemeanor.            
	SECTION 4.  This Act takes effect September 1, 2003.