CHAPTER 49. INQUESTS UPON DEAD BODIES - Texas Statutes

CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 49. INQUESTS UPON DEAD BODIES

SUBCHAPTER A. DUTIES PERFORMED BY JUSTICES OF THE PEACE

Art. 49.01. DEFINITIONS. In this article:

(1) "Autopsy" means a post mortem examination of the body of a

person, including X-rays and an examination of the internal

organs and structures after dissection, to determine the cause of

death or the nature of any pathological changes that may have

contributed to the death.

(2) "Inquest" means 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.

(3) "Inquest hearing" means a formal court hearing held to

determine whether the death of a person was caused by an unlawful

act or omission and, if the death was caused by an unlawful act

or omission, to obtain evidence to form the basis of a criminal

prosecution.

(4) "Institution" means any place where health care services are

rendered, including a hospital, clinic, health facility, nursing

home, extended-care facility, out-patient facility, foster-care

facility, and retirement home.

(5) "Physician" means a practicing doctor of medicine or doctor

of osteopathic medicine who is licensed by the Texas State Board

of Medical Examiners under Subtitle B, Title 3, Occupations Code.

Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1,

1987; Subsec. (5) amended by Acts 1989, 71st Leg., ch. 72, Sec.

1, eff. May 9, 1989; Subsec. (5) amended by Acts 2001, 77th Leg.,

ch. 1420, Sec. 14.737, eff. Sept. 1, 2001.

Art. 49.02. APPLICABILITY. This subchapter applies to the

inquest into a death occurring in a county that does not have a

medical examiner's office or that is not part of a medical

examiner's district.

Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1,

1987.

Art. 49.03. POWERS AND DUTIES. The powers granted and duties

imposed on a justice of the peace under this article are

independent of the powers and duties of a law enforcement agency

investigating a death.

Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1,

1987.

Art. 49.04. DEATHS REQUIRING AN INQUEST. (a) A justice of the

peace shall conduct an inquest into the death of a person who

dies in the county served by the justice if:

(1) the person dies in prison under circumstances other than

those described by Section 501.055(b), Government Code, or in

jail;

(2) the person dies an unnatural death from a cause other than a

legal execution;

(3) the body or a body part of a person is found, the cause or

circumstances of death are unknown, and:

(A) the person is identified; or

(B) the person is unidentified;

(4) the circumstances of the death indicate that the death may

have been caused by unlawful means;

(5) the person commits suicide or the circumstances of the death

indicate that the death may have been caused by suicide;

(6) the person dies without having been attended by a physician;

(7) the person dies while attended by a physician who is unable

to certify the cause of death and who requests the justice of the

peace to conduct an inquest; or

(8) the person is a child younger than six years of age and an

inquest is required by Chapter 264, Family Code.

(b) Except as provided by Subsection (c) of this section, a

physician who attends the death of a person and who is unable to

certify the cause of death shall report the death to the justice

of the peace of the precinct where the death occurred and request

that the justice conduct an inquest.

(c) If a person dies in a hospital or other institution and an

attending physician is unable to certify the cause of death, the

superintendent or general manager of the hospital or institution

shall report the death to the justice of the peace of the

precinct where the hospital or institution is located.

(d) A justice of the peace investigating a death described by

Subsection (a)(3)(B) shall report the death to the missing

children and missing persons information clearinghouse of the

Department of Public Safety and the national crime information

center not later than the 10th working day after the date the

investigation began.

Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1,

1987; Subsec. (a) amended by Acts 1995, 74th Leg., ch. 255, Sec.

3, eff. Sept. 1, 1995; amended by Acts 1995, 74th Leg., ch. 321,

Sec. 1.105, eff. Sept. 1, 1995; amended by Acts 1995, 74th Leg.,

ch. 878, Sec. 2, eff. Sept. 1, 1995; Subsec. (a) amended by and

Subsec. (d) added by Acts 1997, 75th Leg., ch. 656, Sec. 1, eff.

Sept. 1, 1997; Subsec. (a) amended by Acts 1999, 76th Leg., ch.

785, Sec. 2, eff. Sept. 1, 1999; Subsec. (a) amended by Acts

2003, 78th Leg., ch. 826, Sec. 1, eff. Sept. 1, 2003 and Acts

2003, 78th Leg., ch. 1295, Sec. 1, eff. Sept. 1, 2003.

Art. 49.041. REOPENING AN INQUEST. A justice of the peace may

reopen an inquest if, based on information provided by a credible

person or facts within the knowledge of the justice of the peace,

the justice of the peace determines that reopening the inquest

may reveal a different cause or different circumstances of death.

Added by Acts 1997, 75th Leg., ch. 897, Sec. 1, eff. Sept. 1,

1997.

Art. 49.05. TIME AND PLACE OF INQUEST; REMOVAL OF PROPERTY AND

BODY FROM PLACE OF DEATH. (a) A justice of the peace shall

conduct an inquest immediately or as soon as practicable after

the justice receives notification of the death.

(b) A justice of the peace may conduct an inquest:

(1) at the place where the death occurred;

(2) where the body was found; or

(3) at any other place determined to be reasonable by the

justice.

(c) A justice of the peace may direct the removal of a body from

the scene of death or move any part of the physical surroundings

of a body only after a law enforcement agency is notified of the

death and a peace officer has conducted an investigation or, if a

law enforcement agency has not begun an investigation, a

reasonable time has elapsed from the time the law enforcement

agency was notified.

(d) A law enforcement agency that is notified of a death

requiring an inquest under Article 49.04 of this code shall begin

its investigation immediately or as soon as practicable after the

law enforcement agency receives notification of the death.

(e) Except in emergency circumstances, a peace officer or other

person conducting a death investigation for a law enforcement

agency may not move the body or any part of the physical

surroundings of the place of death without authorization from a

justice of the peace.

(f) A person not authorized by law to move the body of a decedent

or any part of the physical surroundings of the body commits an

offense if the person tampers with a body that is subject to an

inquest under Article 49.04 of this code or any part of the

physical surroundings of the body. An offense under this section

is punishable by a fine in an amount not to exceed $500.

Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1,

1987.

Art. 49.06. HINDERING AN INQUEST. (a) A person commits an

offense if the person intentionally or knowingly hinders the

entrance of a justice of the peace to a premises where a death

occurred or a body is found.

(b) An offense under this article is a Class B misdemeanor.

Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1,

1987.

Art. 49.07. NOTIFICATION OF INVESTIGATING OFFICIAL. (a) A

physician or other person who has possession of a body or body

part of a person whose death requires an inquest under Article

49.04 of this code shall immediately notify the justice of the

peace who serves the precinct in which the body or body part was

found.

(b) A peace officer who has been notified of the death of a

person whose death requires an inquest under Article 49.04 of

this code shall immediately notify the justice of the peace who

serves the precinct in which the body or body part was found.

(c)(1) If the justice of the peace who serves the precinct in

which the body or body part was found is not available to conduct

an inquest, a person required to give notice under this article

shall notify the nearest available justice of the peace serving

the county in which the body or body part was found, and that

justice of the peace shall conduct the inquest.

(2) If no justice of the peace serving the county in which the

body or body part was found is available to conduct an inquest, a

person required to give notice under this article shall notify

the county judge, and the county judge shall initiate the

inquest. The county judge may exercise any power and perform any

duty otherwise granted to or imposed under this subchapter on the

justice of the peace serving the county in which the body or body

part was found, except that not later than the fifth day after

the day on which the inquest is initiated, the county judge shall

transfer all information obtained by the judge to the justice of

the peace in whose precinct the body or body part was found for

final disposition of the matter.

(d) A person commits an offense if the person is required by this

article to give notice and intentionally or knowingly fails to

give the notice. An offense under this subsection is a Class C

misdemeanor .

Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1,

1987; Subsec. (d) amended by Acts 1997, 75th Leg., ch. 656, Sec.

2, eff. Sept. 1, 1997; Subsec. (c) amended by Acts 2001, 77th

Leg., ch. 229, Sec. 1, eff. May 22, 2001; Subsecs. (a) to (c)

amended by Acts 2003, 78th Leg., ch. 826, Sec. 2, eff. Sept. 1,

2003; Acts 2003, 78th Leg., ch. 1295, Sec. 2, eff. Sept. 1, 2003.

Art. 49.08. INFORMATION LEADING TO AN INQUEST. A justice of the

peace conducting an inquest may act on information the justice

receives from any credible person or on facts within his

knowledge.

Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1,

1987.

Art. 49.09. BODY DISINTERRED OR CREMATED. (a) If a body or body

part subject to investigation under Article 49.04 of this code is

interred and an authorized person has not conducted an inquest

required under this subchapter, a justice of the peace may direct

the disinterment of the body or body part in order to conduct an

inquest.

(b) A person may not cremate or direct the cremation of a body

subject to investigation under Article 49.04 unless the body is

identified and the person has received from the justice of the

peace a certificate signed by the justice stating that:

(1) an autopsy was performed on the body under Article 49.10 of

this code; or

(2) no autopsy was necessary.

(c) An owner or operator of a crematory shall retain a

certificate received under Subsection (b) of this article for a

period of 10 years from the date of cremation of the body named

on the certificate.

(d) A person commits an offense if the person cremates or directs

the cremation of a body without obtaining a certificate from a

justice of the peace as required by Subsection (b) of this

article. An offense under this section is a Class B misdemeanor.

(e) If the body of a deceased person is unidentified, a person

may not cremate or direct the cremation of the body under this

article. If the body is buried, the justice of the peace shall

record and maintain for not less than 10 years all information

pertaining to the body and the location of burial.

Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1,

1987; Subsecs. (b), (d) amended by and Subsec. (e) added by Acts

1997, 75th Leg., ch. 656, Sec. 3, eff. Sept. 1, 1997; Subsec. (a)

amended by Acts 2003, 78th Leg., ch. 826, Sec. 3, eff. Sept. 1,

2003; Acts 2003, 78th Leg., ch. 1295, Sec. 3, eff. Sept. 1, 2003.

Art. 49.10. AUTOPSIES AND TESTS. (a) At his discretion, a

justice of the peace may obtain the opinion of a county health

officer or a physician concerning the necessity of obtaining an

autopsy in order to determine or confirm the nature and cause of

a death.

(b) The commissioners court of the county shall pay a reasonable

fee for a consultation obtained by a justice of the peace under

Subsection (a) of this article.

(c) Except as required by Section 264.514, Family Code, for each

body that is the subject of an inquest by a justice of the peace,

the justice, in the justice's discretion, shall:

(1) direct a physician to perform an autopsy; or

(2) certify that no autopsy is necessary.

(d) A justice of the peace may not order a person to perform an

autopsy on the body of a deceased person whose death was caused

by Asiatic cholera, bubonic plague, typhus fever, or smallpox. A

justice of the peace may not order a person to perform an autopsy

on the body of a deceased person whose death was caused by a

communicable disease during a public health disaster.

(e) A justice of the peace shall order an autopsy performed on a

body if:

(1) the justice determines that an autopsy is necessary to

determine or confirm the nature and cause of death;

(2) the deceased was a child younger than six years of age and

the death is determined under Section 264.514, Family Code, to be

unexpected or the result of abuse or neglect; or

(3) directed to do so by the district attorney, criminal district

attorney, or, if there is no district or criminal district

attorney, the county attorney.

(f) A justice of the peace shall request a physician to perform

the autopsy.

(g) The commissioners court shall pay a reasonable fee to a

physician performing an autopsy on the order of a justice of the

peace, if a fee is assessed.

(h) The commissioners court shall pay a reasonable fee for the

transportation of a body to a place where an autopsy can be

performed under this article if a justice of the peace orders the

body to be transported to the place.

(i) If a justice of the peace determines that a complete autopsy

is unnecessary to confirm or determine the cause of death, the

justice may order a physician to take or remove from a body a

sample of body fluids, tissues, or organs in order to determine

the nature and cause of death. Except as provided by Subsection

(j) of this article, a justice may not order any person other

than a physician to take samples from the body of a deceased

person.

(j) A justice of the peace may order a physician, qualified

technician, paramedic, chemist, registered professional nurse, or

licensed vocational nurse to take a specimen of blood from the

body of a person who died as the result of a motor vehicle

accident if the justice determines that circumstances indicate

that the person may have been driving while intoxicated.

(k) A justice of the peace may order an investigative or

laboratory test to determine the identity of a deceased person.

After proper removal of a sample from a body, a justice may order

any person specially trained in identification work to complete

any tests necessary to determine the identity of the deceased

person.

(l) A medical examination on an unidentified person shall include

the following information to enable a timely and accurate

identification of the person:

(1) all available fingerprints and palm prints;

(2) dental charts and radiographs (X-rays) of the person's teeth;

(3) frontal and lateral facial photographs with scale indicated;

(4) notation and photographs, with scale indicated, of a

significant scar, mark, tattoo, or item of clothing or other

personal effect found with or near the body;

(5) notation of antemortem medical conditions;

(6) notation of observations pertinent to the estimation of time

of death; and

(7) precise documentation of the location of burial of the

remains.

(m) A medical examination on an unidentified person may include

the following information to enable a timely and accurate

identification of the person:

(1) full body radiographs (X-rays); and

(2) hair specimens with roots.

(n) On discovering the body or body part of a deceased person in

the circumstances described by Article 49.04(a)(3)(B), the

justice of the peace may request the aid of a forensic

anthropologist in the examination of the body or body part. The

forensic anthropologist must hold a doctoral degree in

anthropology with an emphasis in physical anthropology. The

forensic anthropologist shall attempt to establish whether the

body or body part is of a human or animal, whether evidence of

childbirth, injury, or disease exists, and the sex, race, age,

stature, and physical anomalies of the body or body part. The

forensic anthropologist may also attempt to establish the cause,

manner, and time of death.

(o) If a person is injured in one county and dies as a result of

those injuries, with the death occurring in another county, the

attorney representing the state in the prosecution of felonies in

the county in which the injury occurred may request a justice of

the peace in the county in which the death occurred to order an

autopsy be performed on the body of the deceased person. If the

justice of the peace orders that the autopsy be performed, the

county in which the injury occurred shall reimburse the county in

which the death occurred.

Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1,

1987; Subsec. (e) amended by Acts 1995, 74th Leg., ch. 255, Sec.

4, eff. Sept. 1, 1995; amended by Acts 1995, 74th Leg., ch. 878,

Sec. 3, eff. Sept. 1, 1995; amended by Acts 1997, 75th Leg., ch.

1022, Sec. 102, eff. Sept. 1, 1997; amended by Acts 1997, 75th

Leg., ch. 1301, Sec. 1, eff. Sept. 1, 1997; Subsecs. (l) to (n)

added by Acts 1997, 75th Leg., ch. 656, Sec. 4, eff. Sept. 1,

1997; Subsec. (c) amended by Acts 1999, 76th Leg., ch. 1071, Sec.

1, eff. August 30, 1999; Subsec. (j) amended by Acts 1999, 76th

Leg., ch. 1132, Sec. 1, eff. Sept. 1, 1999; Subsec. (n) amended

by Acts 2001, 77th Leg., ch. 240, Sec. 1, eff. Sept. 1, 2001;

Subsec. (o) added by Acts 2001, 77th Leg., ch. 237, Sec. 1, eff.

May 22, 2001; Subsec. (d) amended by Acts 2003, 78th Leg., ch.

198, Sec. 2.190, eff. Sept. 1, 2003; Subsec. (n) amended by Acts

2003, 78th Leg., ch. 826, Sec. 4, eff. Sept. 1, 2003; Subsec. (n)

amended by Acts 2003, 78th Leg., ch. 1295, Sec. 4, eff. Sept. 1,

2003.

Art. 49.11. CHEMICAL ANALYSIS. (a) A justice of the peace may

obtain a chemical analysis of a sample taken from a body in order

to determine whether death was caused, in whole or in part, by

the ingestion, injection, or introduction into the body of a

poison or other chemical substance. A justice may obtain a

chemical analysis under this article from a chemist,

toxicologist, pathologist, or other medical expert.

(b) A justice of the peace shall obtain a chemical analysis under

Subsection (a) of this article if requested to do so by the

physician who performed an autopsy on the body.

(c) The commissioners court shall pay a reasonable fee to a

person who conducts a chemical analysis at the request of a

justice of the peace.

Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1,

1987.

Art. 49.12. LIABILITY OF PERSON PERFORMING AUTOPSY OR TEST. A

person who performs an autopsy or makes a test on a body on the

order of a justice of the peace in the good faith belief that the

order is valid is not liable for damages if the order is invalid.

Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1,

1987.

Art. 49.13. CONSENT TO AUTOPSY. (a) Consent for a physician to

conduct an autopsy is sufficient if given by the following:

(1) if the deceased was married, the surviving spouse;

(2) if the deceased was married but not survived by a spouse, an

adult child of the deceased;

(3) if the deceased was married but not survived by a spouse, and

a child of the deceased is under the care of a guardian or a

court, the guardian or court having care of the child; or

(4) if the deceased person was unmarried or is not survived by a

spouse or a child, the following persons in the order stated:

(A) a parent;

(B) a guardian;

(C) the next of kin; or

(D) any person who assumes custody of and responsibility for the

burial of the body.

(b) Notwithstanding Subsection (a), consent for a physician to

conduct an autopsy is sufficient if given by the Texas Department

of Criminal Justice or an authorized official of the department

in accordance with Section 501.055, Government Code.

Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1,

1987; Acts 1997, 75th Leg., ch. 1422, Sec. 4, eff. June 20, 1997.

Art. 49.14. INQUEST HEARING. (a) A justice of the peace

conducting an inquest may hold an inquest hearing if the justice

determines that the circumstances warrant the hearing. The

justice shall hold an inquest hearing if requested to do so by a

district attorney or a criminal district attorney who serves the

county in which the body was found.

(b) An inquest hearing may be held with or without a jury unless

the district attorney or criminal district attorney requests that

the hearing be held with a jury.

(c) A jury in an inquest hearing is composed of six persons.

Jurors shall be summoned in the same manner as are jurors for

county court. A juror who is properly summoned and fails to

appear, other than a juror exempted by law, commits an offense.

An offense under this subsection is punishable by a fine not to

exceed $100.

(d) A justice of the peace may hold a public or a private inquest

hearing. If a person has been arrested and charged with causing

the death of the deceased, the defendant and the defendant's

counsel are entitled to be present at the inquest hearing,

examine witnesses, and introduce evidence.

(e) A justice of the peace may issue a subpoena to enforce the

attendance of a witness at an inquest hearing and may issue an

attachment for a person who is subpoenaed and fails to appear at

the time and place cited on the subpoena.

(f) A justice of the peace may require bail of a witness to

secure the appearance of the witness at an inquest hearing or

before a grand jury, examining court, or other court

investigating a death.

(g) The justice of the peace shall swear witnesses appearing at

an inquest hearing. The justice and an attorney representing the

state may examine witnesses at an inquest hearing. The justice

shall direct that all sworn testimony be reduced to writing and

the justice shall subscribe the transcription.

(h) Only the justice of the peace, a person charged in the death

under investigation, the counsel for the person charged, and an

attorney representing the state may question a witness at an

inquest hearing.

(i) A justice of the peace may hold a person who disrupts the

proceedings of an inquest hearing in contempt of court. A person

who is found in contempt of court under this subsection may be

fined in an amount not to exceed $100 and removed from court by a

peace officer.

Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1,

1987.

Art. 49.15. INQUEST RECORD. (a) A justice of the peace or other

person authorized under this subchapter to conduct an inquest

shall make an inquest record for each inquest he conducts. The

inquest record must include a report of the events, proceedings,

findings, and conclusions of the inquest. The record must also

include any autopsy prepared in the case and all other papers of

the case. All papers of the inquest record must be marked with

the case number and be clearly indexed and be maintained in the

office of the justice of the peace and be made available to the

appropriate officials upon request.

(b) As part of the inquest record, the justice of the peace shall

make and keep complete and permanent records of all inquest

hearings. The inquest hearing records must include:

(1) the name of the deceased person or, if the person is

unidentified, a description of the body;

(2) the time, date, and place where the body was found;

(3) the time, date, and place where the inquest was held;

(4) the name of every witness who testified at the inquest;

(5) the name of every person who provided to the justice

information pertinent to the inquest;

(6) the amount of bail set for each witness and person charged in

the death;

(7) a transcript of the testimony given by each witness at the

inquest hearing;

(8) the autopsy report, if an autopsy was performed; and

(9) the name of every person arrested as a suspect in the death

who appeared at the inquest and the details of that person's

arrest.

(c) The commissioners court shall pay a reasonable fee to a

person who records or transcribes sworn testimony during an

inquest hearing.

(d) The justice of the peace shall certify a copy of the inquest

summary report and deliver the certified copy in a sealed

envelope to the clerk of the district court. The clerk of the

district court shall retain the summary report subject to an

order by the district court.

Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1,

1987.

Art. 49.16. ORDERS AND DEATH CERTIFICATES. The justice of the

peace or other person who conducts an inquest under this

subchapter shall sign the death certificate and all orders made

as a necessary part of the inquest.

Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1,

1987.

Art. 49.17. EVIDENCE. A justice of the peace shall preserve all

tangible evidence that the justice accumulates in the course of

an inquest that tends to show the real cause of death or identify

the person who caused the death. The justice shall:

(1) deposit the evidence with the appropriate law enforcement

agency to be stored in the agency's property room for

safekeeping; or

(2) deliver the evidence to the district clerk for safekeeping

subject to the order of the court.

Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1,

1987.

Art. 49.18. DEATH IN CUSTODY. (a) If a person confined in a

penal institution dies, the sheriff or other person in charge of

the penal institution shall as soon as practicable inform the

justice of the peace of the precinct where the penal institution

is located of the death.

(b) If a person dies while in the custody of a peace officer or

as a result of a peace officer's use of force or if a person

incarcerated in a jail, correctional facility, or state juvenile

facility dies, the director of the law enforcement agency of

which the officer is a member or of the facility in which the

person was incarcerated shall investigate the death and file a

written report of the cause of death with the attorney general no

later than the 30th day after the date on which the person in

custody or the incarcerated person died. The director shall make

a good faith effort to obtain all facts relevant to the death and

include those facts in the report. The attorney general shall

make the report, with the exception of any portion of the report

that the attorney general determines is privileged, available to

any interested person.

(c) Subsection (a) does not apply to a death that occurs in a

facility operated by or under contract with the Texas Department

of Criminal Justice. Subsection (b) does not apply to a death

that occurs in a facility operated by or under contract with the

Texas Department of Criminal Justice if the death occurs under

circumstances described by Section 501.055(b)(2), Government

Code.

(d) In this article:

(1) "Correctional facility" means a confinement facility or

halfway house operated by or under contract with any division of

the Texas Department of Criminal Justice.

(2) "In the custody of a peace officer" means:

(A) under arrest by a peace officer; or

(B) under the physical control or restraint of a peace officer.

(3) "State juvenile facility" means any facility or halfway

house:

(A) operated by or under contract with the Texas Youth

Commission; or

(B) described by Section 51.02(13) or (14), Family Code.

Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1,

1987; Subsec. (c) added by Acts 1995, 74th Leg., ch. 321, Sec.

1.106, eff. Sept. 1, 1995; Subsec. (c) amended by Acts 1997, 75th

Leg., ch. 1422, Sec. 1, eff. June 20, 1997; Subsec. (b) amended

by Acts 2003, 78th Leg., ch. 894, Sec. 1, eff. Sept. 1, 2003;

Subsec. (c) amended by Acts 2003, 78th Leg., ch. 894, Sec. 1,

eff. Sept. 1, 2003; Subsec. (d) added by Acts 2003, 78th Leg.,

ch. 894, Sec. 1, eff. Sept. 1, 2003.

Art. 49.19. WARRANT OF ARREST. (a) A justice of the peace who is

conducting an inquest of a death under this subchapter may issue

a warrant for the arrest of a person suspected of causing the

death if:

(1) the justice has knowledge that the person caused the death of

the deceased;

(2) the justice receives an affidavit stating that the person

caused the death; or

(3) evidence is adduced at an inquest hearing that shows probable

cause to believe the person caused the death.

(b) A peace officer who receives an arrest warrant issued by a

justice of the peace shall:

(1) execute the warrant without delay; and

(2) detain the person arrested until the person's discharge is

ordered by the justice of the peace or other proper authority.

(c) A person who is charged in a death and arrested under a

warrant of a justice of the peace shall remain in the custody of

the arresting peace officer and may not be removed from the peace

officer's custody on the authority of a warrant from another

magistrate. A person charged in a death who has not been arrested

under a warrant of a justice of the peace may be arrested on the

order of a magistrate other than the justice of the peace and

examined by that magistrate while an inquest is pending.

Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1,

1987.

Art. 49.20. REQUISITES OF WARRANT. A warrant of arrest issued

under Article 49.19 of this code is sufficient if it:

(1) is issued in the name of "The State of Texas";

(2) specifies the name of the person whose arrest is ordered or,

if the person's name is unknown, reasonably describes the person;

(3) recites in plain language the offense with which the person

is charged; and

(4) is signed and dated by a justice of the peace.

Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1,

1987.

Art. 49.21. COMMITMENT OF HOMICIDE SUSPECT. At the conclusion of

an inquest, if a justice of the peace finds that a person who has

been arrested in the case caused or contributed to the death of

the deceased, the justice may:

(1) commit the person to jail; or

(2) require the person to execute a bail bond with security for

the person's appearance before the proper court to answer for the

offense.

Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1,

1987.

Art. 49.22. SEALING PREMISES OF DECEASED. (a) If a body or body

part that is subject to an inquest under Article 49.04 of this

code is found on premises that were under the sole control of the

deceased, a justice of the peace or other person authorized under

this subchapter to conduct an inquest may direct that the

premises be locked and sealed to prohibit entrance by any person

other than a peace officer conducting an investigation of the

death.

(b) Rent, utility charges, taxes, and all other reasonable

expenses accruing against the property of the deceased during the

time the premises of the deceased are locked and sealed under

this article may be charged against the estate of the deceased.

(c) A person other than a peace officer commits an offense if the

person tampers with or removes a lock or seal placed on premises

under this article.

(d) An offense under this article is a Class B misdemeanor.

Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1,

1987; Subsec. (d) amended by Acts 1997, 75th Leg., ch. 656, Sec.

5, eff. Sept. 1, 1997; Subsec. (a) amended by Acts 2003, 78th

Leg., ch. 826, Sec. 5, eff. Sept. 1, 2003 and Acts 2003, 78th

Leg., ch. 1295, Sec. 5, eff. Sept. 1, 2003.

Art. 49.23. OFFICE OF DEATH INVESTIGATOR. (a) The commissioners

court of a county may establish an office of death investigator

and employ one or more death investigators to provide assistance

to those persons in the county who conduct inquests. A death

investigator employed under this article is entitled to receive

compensation from the county in an amount set by the

commissioners court. A death investigator serves at the will of

the commissioners court and on terms and conditions set by the

commissioners court.

(b) To be eligible for employment as a death investigator, a

person must have experience or training in investigative

procedures concerning the circumstances, manner, and cause of the

death of a deceased person.

(c) At the request of and under the supervision of a justice of

the peace or other person conducting an inquest, a death

investigator may assist the person conducting the inquest to

investigate the time, place, and manner of death and lock and

seal the premises of the deceased. A death investigator who

assists in an inquest under this subsection shall make a complete

report of the death investigator's activities, findings, and

conclusions to the justice of the peace or other person

conducting the inquest not later than eight hours after the death

investigator completes the investigation.

Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1,

1987.

Art. 49.24. NOTIFICATION AND REPORT OF DEATH OF RESIDENT OF

INSTITUTION. (a) A superintendent or general manager of an

institution who is required by Article 49.04 to report to a

justice of the peace the death of an individual under the care,

custody, or control of or residing in the institution shall:

(1) notify the office of the attorney general of the individual's

death within 24 hours of the death; and

(2) prepare and submit to the office of the attorney general a

report containing all facts relevant to the individual's death

within 72 hours of the death.

(b) The superintendent or general manager of the institution

shall make a good faith effort to obtain all facts relevant to an

individual's death and to include those facts in the report

submitted under Subsection (a)(2).

(c) The office of the attorney general may investigate each death

reported to the office by an institution that receives payments

through the medical assistance program under Chapter 32, Human

Resources Code.

(d) Except as provided by Subsection (e), the office of the

attorney general shall make a report submitted under Subsection

(a)(2) available to any interested person who submits a written

request for access to the report.

(e) The office of the attorney general may deny a person access

to a report or a portion of a report filed under Subsection

(a)(2) if the office determines that the report or a portion of

the report is:

(1) privileged from discovery; or

(2) exempt from required public disclosure under Chapter 552,

Government Code.

(f) This article does not relieve a superintendent or general

manager of an institution of the duty of making any other

notification or report of an individual's death as required by

law.

(g) For the purposes of this article, the definition of

"institution" excludes hospitals.

Added by Acts 2003, 78th Leg., ch. 894, Sec. 2, eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

392, Sec. 1, eff. June 17, 2005.

SUBCHAPTER B. DUTIES PERFORMED BY MEDICAL EXAMINERS

Art. 49.25. MEDICAL EXAMINERS.

Office authorized

Sec. 1. Subject to the provisions of this Act, the Commissioners

Court of any county having a population of more than one million

and not having a reputable medical school as defined in Articles

4501 and 4503, Revised Civil Statutes of Texas, shall establish

and maintain the office of medical examiner, and the

Commissioners Court of any county may establish and provide for

the maintenance of the office of medical examiner. Population

shall be according to the last preceding federal census.

Multi-county District; Joint Office

Sec. 1-a. (a) The commissioners courts of two or more counties

may enter into an agreement to create a medical examiners

district and to jointly operate and maintain the office of

medical examiner of the district. The district must include the

entire area of all counties involved. The counties within the

district must, when taken together, form a continuous area.

(b) There may be only one medical examiner in a medical examiners

district, although he may employ, within the district, necessary

staff personnel. When a county becomes a part of a medical

examiners district, the effect is the same within the county as

if the office of medical examiner had been established in that

county alone. The district medical examiner has all the powers

and duties within the district that a medical examiner who serves

in a single county has within that county.

(c) The commissioners court of any county which has become a part

of a medical examiners district may withdraw the county from the

district, but twelve months' notice of withdrawal must be given

to the commissioners courts of all other counties in the

district.

Appointments and Qualifications

Sec. 2. The commissioners court shall appoint the medical

examiner, who shall serve at the pleasure of the commissioners

court. No person shall be appointed medical examiner unless he is

a physician licensed by the State Board of Medical Examiners. To

the greatest extent possible, the medical examiner shall be

appointed from persons having training and experience in

pathology, toxicology, histology and other medico-legal sciences.

The medical examiner shall devote so much of his time and energy

as is necessary in the performance of the duties conferred by

this Article.

Assistants

Sec. 3. The medical examiner may, subject to the approval of the

commissioners court, employ such deputy examiners, scientific

experts, trained technicians, officers and employees as may be

necessary to the proper performance of the duties imposed by this

Article upon the medical examiner.

Salaries

Sec. 4. The commissioners court shall establish and pay the

salaries and compensations of the medical examiner and his staff.

Offices

Sec. 5. The commissioners court shall provide the medical

examiner and his staff with adequate office space and shall

provide laboratory facilities or make arrangements for the use of

existing laboratory facilities in the county, if so requested by

the medical examiner.

Death investigations

Sec. 6. (a) Any medical examiner, or his duly authorized deputy,

shall be authorized, and it shall be his duty, to hold inquests

with or without a jury within his county, in the following cases:

1. When a person shall die within twenty-four hours after

admission to a hospital or institution or in prison or in jail;

2. When any person is killed; or from any cause dies an unnatural

death, except under sentence of the law; or dies in the absence

of one or more good witnesses;

3. When the body or a body part of a person is found, the cause

or circumstances of death are unknown, and:

(A) the person is identified; or

(B) the person is unidentified;

4. When the circumstances of the death of any person are such as

to lead to suspicion that he came to his death by unlawful means;

5. When any person commits suicide, or the circumstances of his

death are such as to lead to suspicion that he committed suicide;

6. When a person dies without having been attended by a duly

licensed and practicing physician, and the local health officer

or registrar required to report the cause of death under Section

193.005, Health and Safety Code, does not know the cause of

death. When the local health officer or registrar of vital

statistics whose duty it is to certify the cause of death does

not know the cause of death, he shall so notify the medical

examiner of the county in which the death occurred and request an

inquest;

7. When the person is a child who is younger than six years of

age and the death is reported under Chapter 264, Family Code; and

8. When a person dies who has been attended immediately preceding

his death by a duly licensed and practicing physician or

physicians, and such physician or physicians are not certain as

to the cause of death and are unable to certify with certainty

the cause of death as required by Section 193.004, Health and

Safety Code. In case of such uncertainty the attending physician

or physicians, or the superintendent or general manager of the

hospital or institution in which the deceased shall have died,

shall so report to the medical examiner of the county in which

the death occurred, and request an inquest.

(b) The inquests authorized and required by this Article shall be

held by the medical examiner of the county in which the death

occurred.

(c) In making such investigations and holding such inquests, the

medical examiner or an authorized deputy may administer oaths and

take affidavits. In the absence of next of kin or legal

representatives of the deceased, the medical examiner or

authorized deputy shall take charge of the body and all property

found with it.

Organ Transplant Donors; Notice; Inquests

Sec. 6a. (a) When death occurs to an individual designated a

prospective organ donor for transplantation by a licensed

physician under circumstances requiring the medical examiner of

the county in which death occurred, or the medical examiner's

authorized deputy, to hold an inquest, the medical examiner, or a

member of his staff will be so notified by the administrative

head of the facility in which the transplantation is to be

performed.

(b) When notified pursuant to Subsection (a) of this Section, the

medical examiner or the medical examiner's deputy shall perform

an inquest on the deceased prospective organ donor.

Reports of Death

Sec. 7. (a) Any police officer, superintendent or general manager

of an institution, physician, or private citizen who shall become

aware of a death under any of the circumstances set out in

Section 6(a) of this Article, shall immediately report such death

to the office of the medical examiner or to the city or county

police departments; any such report to a city or county police

department shall be immediately transmitted to the office of the

medical examiner.

(b) A person investigating a death described by Subdivision 3(B)

of Section 6(a) shall report the death to the missing children

and missing persons information clearinghouse of the Department

of Public Safety and the national crime information center not

later than the 10th working day after the date the investigation

began.

(c) A superintendent or general manager of an institution who

reports a death under Subsection (a) must comply with the notice

and reporting requirements of Article 49.24. The office of the

attorney general has the same powers and duties provided the

office under that article regarding the dissemination and

investigation of the report.

Removal of Bodies

Sec. 8. When any death under circumstances set out in Section 6

shall have occurred, the body shall not be disturbed or removed

from the position in which it is found by any person without

authorization from the medical examiner or authorized deputy,

except for the purpose of preserving such body from loss or

destruction or maintaining the flow of traffic on a highway,

railroad or airport.

Autopsy

Sec. 9. (a) If the cause of death shall be determined beyond a

reasonable doubt as a result of the investigation, the medical

examiner shall file a report thereof setting forth specifically

the cause of death with the district attorney or criminal

district attorney, or in a county in which there is no district

attorney or criminal district attorney with the county attorney,

of the county in which the death occurred. If in the opinion of

the medical examiner an autopsy is necessary, or if such is

requested by the district attorney or criminal district attorney,

or county attorney where there is no district attorney or

criminal district attorney, the autopsy shall be immediately

performed by the medical examiner or a duly authorized deputy. In

those cases where a complete autopsy is deemed unnecessary by the

medical examiner to ascertain the cause of death, the medical

examiner may perform a limited autopsy involving the taking of

blood samples or any other samples of body fluids, tissues or

organs, in order to ascertain the cause of death or whether a

crime has been committed. In the case of a body of a human being

whose identity is unknown, the medical examiner may authorize

such investigative and laboratory tests and processes as are

required to determine its identity as well as the cause of death.

In performing an autopsy the medical examiner or authorized

deputy may use the facilities of any city or county hospital

within the county or such other facilities as are made available.

Upon completion of the autopsy, the medical examiner shall file a

report setting forth the findings in detail with the office of

the district attorney or criminal district attorney of the

county, or if there is no district attorney or criminal district

attorney, with the county attorney of the county.

(b) A medical examination on an unidentified person shall include

the following information to enable a timely and accurate

identification of the person:

(1) all available fingerprints and palm prints;

(2) dental charts and radiographs (X-rays) of the person's teeth;

(3) frontal and lateral facial photographs with scale indicated;

(4) notation and photographs, with scale indicated, of a

significant scar, mark, tattoo, or item of clothing or other

personal effect found with or near the body;

(5) notation of antemortem medical conditions;

(6) notation of observations pertinent to the estimation of time

of death; and

(7) precise documentation of the location of burial of the

remains.

(c) A medical examination on an unidentified person may include

the following information to enable a timely and accurate

identification of the person:

(1) full body radiographs (X-rays); and

(2) hair specimens with roots.

Disinterments and Cremations

Sec. 10. When a body upon which an inquest ought to have been

held has been interred, the medical examiner may cause it to be

disinterred for the purpose of holding such inquest.

Before any body, upon which an inquest is authorized by the

provisions of this Article, can be lawfully cremated, an autopsy

shall be performed thereon as provided in this Article, or a

certificate that no autopsy was necessary shall be furnished by

the medical examiner. Before any dead body can be lawfully

cremated, the owner or operator of the crematory shall demand and

be furnished with a certificate, signed by the medical examiner

of the county in which the death occurred showing that an autopsy

was performed on said body or that no autopsy thereon was

necessary. It shall be the duty of the medical examiner to

determine whether or not, from all the circumstances surrounding

the death, an autopsy is necessary prior to issuing a certificate

under the provisions of this section. No autopsy shall be

required by the medical examiner as a prerequisite to cremation

in case death is caused by the pestilential diseases of Asiatic

cholera, bubonic plague, typhus fever, or smallpox. All

certificates furnished to the owner or operator of a crematory by

any medical examiner, under the terms of this Article, shall be

preserved by such owner or operator of such crematory for a

period of two years from the date of the cremation of said body.

A medical examiner is not required to perform an autopsy on the

body of a deceased person whose death was caused by a

communicable disease during a public health disaster.

Waiting Period Between Death and Cremation

Sec. 10a. The body of a deceased person shall not be cremated

within 48 hours after the time of death as indicated on the

regular death certificate, unless the death certificate indicates

death was caused by the pestilential diseases of Asiatic cholera,

bubonic plague, typhus fever, or smallpox, or unless the time

requirement is waived in writing by the county medical examiner

or, in counties not having a county medical examiner, a justice

of the peace. In a public health disaster, the commissioner of

public health may designate other communicable diseases for which

cremation within 48 hours of the time of death is authorized.

Disposal of Unidentified Body

Sec. 10b. If the body of a deceased person is unidentified, a

person may not cremate or direct the cremation of the body under

this article. If the body is buried, the investigating agency

responsible for the burial shall record and maintain for not less

than 10 years all information pertaining to the body and the

location of burial.

Records

Sec. 11. The medical examiner shall keep full and complete

records properly indexed, giving the name if known of every

person whose death is investigated, the place where the body was

found, the date, the cause and manner of death, and shall issue a

death certificate. The full report and detailed findings of the

autopsy, if any, shall be a part of the record. Copies of all

records shall promptly be delivered to the proper district,

county, or criminal district attorney in any case where further

investigation is advisable. The records are subject to required

public disclosure in accordance with Chapter 552, Government

Code, except that a photograph or x-ray of a body taken during an

autopsy is excepted from required public disclosure in accordance

with Chapter 552, Government Code, but is subject to disclosure:

(1) under a subpoena or authority of other law; or

(2) if the photograph or x-ray is of the body of a person who

died while in the custody of law enforcement.

Transfer of Duties of Justice of Peace

Sec. 12. When the commissioners court of any county shall

establish the office of medical examiner, all powers and duties

of justices of the peace in such county relating to the

investigation of deaths and inquests shall vest in the office of

the medical examiner. Any subsequent General Law pertaining to

the duties of justices of the peace in death investigations and

inquests shall apply to the medical examiner in such counties as

to the extent not inconsistent with this Article, and all laws or

parts of laws otherwise in conflict herewith are hereby declared

to be inapplicable to this Article.

Use of Forensic Anthropologist

Sec. 13. On discovering the body or body part of a deceased

person in the circumstances described by Subdivision 3(B) of

Section 6(a), the medical examiner may request the aid of a

forensic anthropologist in the examination of the body or body

part. The forensic anthropologist must hold a doctoral degree in

anthropology with an emphasis in physical anthropology. The

forensic anthropologist shall attempt to establish whether the

body or body part is of a human or animal, whether evidence of

childbirth, injury, or disease exists, and the sex, race, age,

stature, and physical anomalies of the body or body part. The

forensic anthropologist may also attempt to establish the cause,

manner, and time of death.

Penalty

Sec. 14. (a) A person commits an offense if the person knowingly

violates this article.

(b) An offense under this section is a Class B misdemeanor.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts

1969, 61st Leg., p. 1033, ch. 336, Sec. 1, eff. May 27, 1969;

Acts 1969, 61st Leg., p. 1619, ch. 500, Sec. 1, eff. June 10,

1969; Acts 1971, 62nd Leg., p. 1165, ch. 270, Sec. 1, eff. Aug.

30, 1971; Acts 1975, 64th Leg., p. 1826, ch. 562, Sec. 1, eff.

Sept. 1, 1975.

Sec. 6a amended by Acts 1989, 71st Leg., ch. 1205, Sec. 1, eff.

June 16, 1989; Sec. 1 amended by Acts 1991, 72nd Leg., ch. 597,

Sec. 58, eff. Sept. 1, 1991; Sec. 6, subds. 6, 7 amended by Acts

1991, 72nd Leg., ch. 14, Sec. 284(66), (67), eff. Sept. 1, 1991;

Sec. 10 amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(69),

eff. Sept. 1, 1991; Sec. 6 amended by Acts 1995, 74th Leg., ch.

255, Sec. 5, eff. Sept. 1, 1995; amended by Acts 1995, 74th Leg.,

ch. 878, Sec. 4, eff. Sept. 1, 1995; Secs. 6, 7, 9 amended by and

Sec. 10b added by Acts 1997, 75th Leg., ch. 656, Sec. 6, eff.

Sept. 1, 1997; Sec. 13 added by Acts 1997, 75th Leg., ch. 656,

Sec. 6, eff. Sept. 1, 1997; Sec. 14 renumbered from Sec. 13 and

amended by Acts 1997, 75th Leg., ch. 656, Sec. 6, eff. Sept. 1,

1997; Sec. 11 amended by Acts 1999, 76th Leg., ch. 607, Sec. 2,

eff. Sept. 1, 1999; Sec. 6(a) amended by Acts 2003, 78th Leg.,

ch. 826, Sec. 6, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch.

1295, Sec. 6; Sec. 7(a) amended by Acts 2003, 78th Leg., ch. 894,

Sec. 3, eff. Sept. 1, 2003; Sec. 7(c) added by Acts 2003, 78th

Leg., ch. 894, Sec. 3, eff. Sept. 1, 2003; Secs. 10, 10a amended

by Acts 2003, 78th Leg., ch. 198, Sec. 2.191, eff. Sept. 1, 2003;

Sec. 13 amended by Acts 2003, 78th Leg., ch. 826, Sec. 7, eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1295, Sec. 7, eff. Sept.

1, 2003.