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BILL ANALYSIS

 

 

                                                                                                                                      C.S.H.B. 423

                                                                                                                                 By: Corte, Frank

                                                                                                                                     Transportation

                                                                                                        Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

In 2004, Texas had more alcohol-related fatal traffic accidents than any other state. However, they have one of the worst records in the nation for reporting the alcohol results for fatally injured drivers. One of the primary reasons for poor toxicology information is that Texas does not have a coordinated system of procedures for all agencies and individuals to follow when reporting these results for traffic fatalities.

 

CSHB 423 would amend Section 550.081, Transportation Code to regulate how, when, and to whom medical examiners or justices of the peace, when acting as coroner, are to report specific information pertaining to fatal traffic accidents.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

CSHB 423 amends the Transportation Code to require a medical examiner or justice of the peace, when acting as a coroner in a county without a county coroner's office, to file a report when a traffic related death occurs within the jurisdiction of the medical examiner or justice of the peace, and further specifies when the report is to be filed, and to whom it will be filed.

 

EFFECTIVE DATE

 

September 1, 2007.

 

COMPARISON OF ORIGINAL TO SUBSTITUTE

 

The substitute removes language that would require a mandatory blood draw for all fatal traffic accidents. The substitute also provides that reporting be done quarterly, rather than monthly.