HBA-AMW S.B. 164 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 164 By: Madla Criminal Jurisprudence 4/3/2001 Engrossed BACKGROUND AND PURPOSE The 70th Legislature deleted the terminology in the Code of Criminal Procedure that permitted a county judge and other listed officials to conduct an inquest if the justice of the peace (justice) were unavailable. This has placed an added burden on counties, some of which only have one justice, to initiate a death inquest when the justice or justices are out of the county fulfilling educational requirements or personal responsibilities. Many Texas counties do not have medical examiners to initiate an emergency death inquest. Senate Bill 164 returns to statutory provision, the ability of another county elected official to perform inquest duties when necessary. 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 Senate Bill 164 amends the Code of Criminal Procedure relating to the notification of an investigating official by a physician or other person who has possession of a body whose death requires an inquest or by a peace officer who has been notified of the death of such a person. If the justice of the peace who serves the precinct (precinct JP) in which the body was found is not available to conduct an inquest, the bill requires a person required to give notice to notify the nearest available justice of the peace serving the county (county JP) in which the body was found, and requires the county JP to conduct the inquest. If no county JP is available to conduct such an inquest, the bill requires notification of the county judge, and requires the county judge to initiate the inquest. The bill authorizes the county judge to exercise any power and perform any duty otherwise granted to or so imposed on the county JP, except that the bill requires the county judge to transfer all information obtained by the judge to the precinct JP for final disposition of the matter not later than the fifth day after the day on which the inquest is initiated. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.