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A BILL TO BE ENTITLED
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AN ACT
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relating to the conduct of certain inquests by municipal court |
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judges. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 49, Code of Criminal Procedure, is |
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amended by adding Subchapter C to read as follows: |
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SUBCHAPTER C. DUTIES PERFORMED BY MUNICIPAL COURT JUDGES |
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Art. 49.51. POWERS AND DUTIES. A judge of a municipal court |
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may conduct an inquest under this chapter into the death of a person |
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who dies in the municipality served by the judge to the same extent |
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a justice of the peace serving the precinct in which the body or |
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body part was found may conduct an inquest under Subchapter A into |
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the death of that person. The municipal court judge may exercise |
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any power granted to, and shall perform any duty imposed on, the |
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justice of the peace by Subchapter A or another law relating to |
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inquests conducted by a justice of the peace. |
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Art. 49.52. MUNICIPALITY'S GOVERNING BODY TO PAY CERTAIN |
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FEES. If a judge of a municipal court in exercising a power or |
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performing a duty under authority of this subchapter requests the |
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services or expertise of a person who would be entitled under |
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Subchapter A or other applicable law to be paid a fee for providing |
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the services or expertise to a justice of the peace, the governing |
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body of the municipality served by the municipal court judge shall |
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pay the fee associated with providing the services or expertise to |
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the same extent a commissioners court is required to pay a fee for |
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the provision of those services or expertise if provided to a |
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justice of the peace, including a fee described by Article 49.10(b) |
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or (g), 49.11(c), or 49.15(c). |
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SECTION 2. Article 49.07, Code of Criminal Procedure, is |
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amended by adding Subsection (c-1) to read as follows: |
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(c-1) A person who is required by this subchapter to give |
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notice to a justice of the peace or county judge may instead give |
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notice to a judge of a municipal court in the municipality in which |
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the body or body part was found. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |