HBA-KDB H.B. 875 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 875
By: Junell
Criminal Jurisprudence
3/22/2001
Introduced



BACKGROUND AND PURPOSE 

An inquest is an investigation into the cause and circumstances of the
death of a person and a determination, made with or without a formal court
hearing, as to whether the death was caused by an unlawful act or omission.
Currently, only a justice of the peace has the authority to conduct an
inquest.  However, if a justice of the peace is unavailable, there is no
provision that authorizes another member of the judiciary to conduct an
inquest.  According to a July 20, 1999, Attorney General opinion, if the
justice of the peace is unavailable, a county judge is authorized to be
notified of a death requiring an inquest, but has no authority to actually
conduct the inquest.  House Bill 875 authorizes a county judge of the
county in which the justice of the peace serves to conduct an inquest, if
the justice of the peace is unavailable. 

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. 

ANALYSIS

House Bill 875 amends the Code of Criminal Procedure to authorize the
county judge of the county in which the justice of peace serves to conduct
an inquest relating to a death if the justice of the peace is unavailable.
The bill authorizes the county judge, in conducting the inquest, to
exercise any power and perform any duty otherwise granted to or imposed on
the justice of the peace. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.