81R8454 KFF-D
By: Guillen H.B. No. 1399
Substitute the following for H.B. No. 1399:
By: Moody C.S.H.B. No. 1399
A BILL TO BE ENTITLED
AN ACT
relating to the conduct of certain inquests by municipal court
judges.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 49, Code of Criminal Procedure, is
amended by adding Subchapter C to read as follows:
SUBCHAPTER C. DUTIES PERFORMED BY MUNICIPAL COURT JUDGES
Art. 49.51. POWERS AND DUTIES. A judge of a municipal court
may conduct an inquest under this chapter into the death of a person
who dies in the municipality served by the judge to the same extent
a justice of the peace serving the precinct in which the body or
body part was found may conduct an inquest under Subchapter A into
the death of that person. The municipal court judge may exercise
any power granted to, and shall perform any duty imposed on, the
justice of the peace by Subchapter A or another law relating to
inquests conducted by a justice of the peace.
Art. 49.52. MUNICIPALITY'S GOVERNING BODY TO PAY CERTAIN
FEES. If a judge of a municipal court in exercising a power or
performing a duty under authority of this subchapter requests the
services or expertise of a person who would be entitled under
Subchapter A or other applicable law to be paid a fee for providing
the services or expertise to a justice of the peace, the governing
body of the municipality served by the municipal court judge shall
pay the fee associated with providing the services or expertise to
the same extent a commissioners court is required to pay a fee for
the provision of those services or expertise if provided to a
justice of the peace, including a fee described by Article 49.10(b)
or (g), 49.11(c), or 49.15(c).
SECTION 2. Article 49.07, Code of Criminal Procedure, is
amended by adding Subsection (c-1) to read as follows:
(c-1) A person who is required by this subchapter to give
notice to a justice of the peace or county judge may instead give
notice to a judge of a municipal court in the municipality in which
the body or body part was found.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.