HBA-DMD H.B. 355 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 355 By: Wise Criminal Jurisprudence 2/9/1999 Introduced BACKGROUND AND PURPOSE Under current Texas law, a law enforcement agency is required to pay for a medical examination of the victim of an offense under Title 5 (Offenses Against the Person) or Title 6 (Offenses Against the Family), Penal Code. Dental or mental health examinations are not normally included in the examinations that law enforcement agencies will pay for, so the victims of the offense are left to pay the costs of those examinations. H.B. 355 requires a law enforcement agency to pay all costs for dental or mental health examinations of the victim of an offense under Title 5 and Title 6, Penal Code, and requires the Department of Protective and Regulatory Services to pay all costs for a medical, dental, psychological or psychiatric examination of a child. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 56.06, Code of Criminal Procedure, as follows: Art. 56.06. New Title: COSTS OF CERTAIN INVESTIGATORY EXAMINATIONS. Requires a law enforcement agency to pay all costs for a dental or mental health examination of a victim of an alleged felony offense under Title 5 (Offenses Against the Person) or Title 6 (Offenses Against the Family), Penal Code, rather than the alleged offense of sexual assault. Authorizes a law enforcement agency or prosecuting attorney's office to pay all costs related to testimony concerning the results of a dental or mental health examination by a licensed health care professional in a criminal proceeding. Deletes "Medical Examination" from the title of the article. Makes a nonsubstantive change. SECTION 2. Amends Sections 261.302(a) and (c), Family Code, to include in an investigation pertaining to child abuse or neglect a dental examination of the subject child or any child in the home. SECTION 3. Amends Subchapter D, Chapter 261, Family Code, by adding Section 261.313, as follows: Sec. 261.313. COSTS OF CERTAIN INVESTIGATORY EXAMINATIONS. Requires the Department of Protective and Regulatory Services (department) or designated agency or designee of the department or agency to pay all costs of a medical, dental, psychological or psychiatric examination of a child conducted by the department or agency under Section 261.302 (Conduct of Investigation). SECTION 4.Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 5.Emergency clause.