HBA-SEB C.S.H.B. 1387 76(R)BILL ANALYSIS
Office of House Bill AnalysisC.S.H.B. 1387
By: Van de Putte
Juvenile Justice and Family Issues
4/12/1999
Committee Report (Substituted)
BACKGROUND AND PURPOSE
In 1977, the Texas Legislature passed a law which required the Texas
Department of Health (TDH) to pay for the reasonable cost of an autopsy
performed on a child who dies of sudden infant death syndrome (SIDS).
Later, in 1995, the legislature enacted an unrelated measure in an effort
to collect information on the causes of deaths of children younger than six
years old by requiring an autopsy to be performed on children in that age
group who die suddenly and unexpectedly. TDH interpreted the 1995
legislation as a relief from the requirement to pay for an autopsy for a
child who dies of SIDS. C.S.H.B. 1387 specifies that the state pays for an
autopsy of a child younger than 12 months old if the cause of death is
unknown and sets forth the occasion for which a justice of the peace must
conduct an inquest into the death of a child.
RULEMAKING AUTHORITY
It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Department of Health in
SECTION 1 (Section 673.002, Health and Safety Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 673.002, Health and Safety Code, to require the
death in this state of a child younger than 12 months old, rather than two
years old, to be immediately reported to the justice of the peace, medical
examiner, or other proper official as prescribed by law if the child dies
suddenly or is found dead and the cause of death is unknown. Deletes
coroner from the list of officials requiring notification. Requires the
justice of the peace or medical examiner to inform the child's legal
guardian or parents that an autopsy shall be performed, rather than that an
autopsy may be performed on request. Requires the state to reimburse a
county $500 for the cost of the autopsy if the primary cause of the child's
death is sudden infant death syndrome (SIDS). Requires the Texas
Department of Health to adopt rules that define SIDS and describe the
method for obtaining the reimbursement. Makes conforming and nonsubstantive
changes.
SECTION 2. Amends Article 49.04(a), Code of Criminal Procedure, to require
a justice of the peace to conduct an inquest into the death of a person who
dies in the county served by the justice if the person is a child younger
than six years of age and an inquest is required by Chapter 264, Family
Code (Child Welfare Services). Makes a conforming change.
SECTION 3. Amends Section 264.514(b), Family Code, to require the medical
examiner or justice of the peace to immediately notify an appropriate local
law enforcement agency if the medical examiner or justice of the peace
determines that the death is the result of abuse or neglect.
SECTION 4. Effective date: September 1, 1999.
Makes application of this Act prospective.
SECTION 5. Emergency clause.
COMPARISON OF ORIGINAL TO SUBSTITUTE
The substitute modifies the original in SECTION 1 by amending Section
673.002(b), Health and Safety Code, to require the state to reimburse a
county $500 for the cost of an autopsy if the primary cause of the child's
death is sudden infant death syndrome. The original would have required
the state to pay the reasonable cost of the autopsy. The substitute
deletes a requirement from the original that the rules adopted by the Texas
Department of Heath identify the reimbursable cost of an autopsy.
The substitute modifies the original in SECTION 2 by amending Article
49.04(a)(8), Code of Criminal Procedure, to require a justice of the peace
to conduct an inquest into the death of a child younger than six years of
age if an inquest is required by Chapter 264, Family Code (Child Welfare
Services), rather than if the death is determined under Section 264.514,
Family Code (Procedure in the Event of Reportable Death) to be unexpected
or the result of abuse or neglect. The substitute makes a nonsubstantive
change.