Texas 2025 - 89th Regular

Texas House Bill HB1610 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R12545 JCG-D
2	2	By: Leach H.B. No. 1610
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the nonsubstantive revision of certain provisions of
10	10	the Code of Criminal Procedure, including conforming amendments.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	ARTICLE 1. NONSUBSTANTIVE REVISION OF CERTAIN PROVISIONS OF THE
13	13	CODE OF CRIMINAL PROCEDURE
14	14	SECTION 1.01. Title 1, Code of Criminal Procedure, is amended by adding Chapters 5A, 9A, 49A, and 50A to read as follows:
15	15	TITLE 1. CODE OF CRIMINAL PROCEDURE
16	16	CHAPTER 5A. PREVENTING, INVESTIGATING, AND PROSECUTING FAMILY
17	17	VIOLENCE
18	18	Art. 5A.001. LEGISLATIVE STATEMENT
19	19	Art. 5A.002. DEFINITIONS
20	20	Art. 5A.003. PRIMARY DUTIES OF PEACE OFFICER
21	21	INVESTIGATING FAMILY VIOLENCE
22	22	Art. 5A.004. NO WAIVER OR EXCEPTION CREATED BY FAMILY
23	23	OR HOUSEHOLD RELATIONSHIP
24	24	Art. 5A.005. FOSTER HOME ADDRESS INQUIRY
25	25	Art. 5A.006. REQUIRED NOTICE FOR ADULT VICTIM
26	26	Art. 5A.007. PEACE OFFICER ACCESS TO AND ACCEPTANCE OF
27	27	PROTECTIVE ORDERS
28	28	Art. 5A.008. STANDBY ASSISTANCE; LIABILITY
29	29	Art. 5A.009. REQUIRED REPORTS
30	30	Art. 5A.010. ACCESS TO RECORDS
31	31	Art. 5A.011. PROSECUTOR'S NOTICE OF RESPONSIBILITY FOR
32	32	FILING APPLICATIONS FOR PROTECTIVE
33	33	ORDERS
34	34	Art. 5A.012. PROSECUTOR'S FILING OF PROTECTIVE ORDER:
35	35	PROHIBITED CONSIDERATION; AUTHORITY TO
36	36	REQUIRE INFORMATION
37	37	Art. 5A.013. DELAY OR DISMISSAL OF PROSECUTION BASED
38	38	ON STATUS OF CERTAIN CIVIL PROCEEDINGS
39	39	PROHIBITED
40	40	Art. 5A.014. REFERRAL TO MEDIATION, ARBITRATION,
41	41	DISPUTE RESOLUTION, OR SIMILAR
42	42	PROCEDURE PROHIBITED IN CRIMINAL
43	43	PROSECUTION
44	44	TITLE 1. CODE OF CRIMINAL PROCEDURE
45	45	CHAPTER 5A. PREVENTING, INVESTIGATING, AND PROSECUTING FAMILY
46	46	VIOLENCE
47	47	Art. 5A.001. LEGISLATIVE STATEMENT. (a) Family violence
48	48	is a serious danger and threat to society and its members. Victims
49	49	of family violence are entitled to the maximum protection as
50	50	permitted by law from harm or abuse or the threat of harm or abuse.
51	51	(b) In any law enforcement, prosecutorial, or judicial
52	52	response to an allegation of family violence, the responding peace
53	53	or judicial officer shall protect the victim without regard to the
54	54	relationship between the alleged offender and victim. (Code Crim.
55	55	Proc., Art. 5.01.)
56	56	Art. 5A.002. DEFINITIONS. In this chapter, "family,"
57	57	"family violence," "household," and "member of a household" have
58	58	the meanings assigned by Chapter 71, Family Code. (Code Crim.
59	59	Proc., Art. 5.02.)
60	60	Art. 5A.003. PRIMARY DUTIES OF PEACE OFFICER INVESTIGATING
61	61	FAMILY VIOLENCE. The primary duties of a peace officer who
62	62	investigates a family violence allegation or who responds to a
63	63	disturbance call that may involve family violence are to:
64	64	(1) protect any potential victim of family violence;
65	65	(2) enforce the law of this state;
66	66	(3) enforce a protective order from another
67	67	jurisdiction as provided by Chapter 88, Family Code; and
68	68	(4) make lawful arrests of violators. (Code Crim.
69	69	Proc., Art. 5.04(a).)
70	70	Art. 5A.004. NO WAIVER OR EXCEPTION CREATED BY FAMILY OR
71	71	HOUSEHOLD RELATIONSHIP. (a) A general duty prescribed for an
72	72	officer by Chapter 2A is not waived or excepted in any family
73	73	violence case or investigation because of a family or household
74	74	relationship between an alleged violator and a victim of family
75	75	violence.
76	76	(b) A peace officer's or magistrate's duty to prevent the
77	77	commission of a criminal offense, including an act of family
78	78	violence, is not waived or excepted because of a family or household
79	79	relationship between a potential violator and victim. (Code Crim.
80	80	Proc., Art. 5.03.)
81	81	Art. 5A.005. FOSTER HOME ADDRESS INQUIRY. A peace officer
82	82	who investigates a family violence allegation or who responds to a
83	83	disturbance call that may involve family violence shall determine
84	84	whether the address of a person involved in the allegation or call
85	85	matches the address of a licensed foster home or verified agency
86	86	foster home listed in the Texas Crime Information Center. (Code
87	87	Crim. Proc., Art. 5.04(a-1).)
88	88	Art. 5A.006. REQUIRED NOTICE FOR ADULT VICTIM. (a) A peace
89	89	officer who investigates a family violence allegation or who
90	90	responds to a disturbance call that may involve family violence
91	91	shall advise any possible adult victim of all reasonable means to
92	92	prevent further family violence, including by providing the written
93	93	notice adopted by the Health and Human Services Commission under
94	94	Section 51A.003, Human Resources Code.
95	95	(b) In addition to the required notice under Subsection (a),
96	96	a peace officer may provide to the possible victim any available
97	97	written information regarding local resources for victims of family
98	98	violence. (Code Crim. Proc., Art. 5.04(b).)
99	99	Art. 5A.007. PEACE OFFICER ACCESS TO AND ACCEPTANCE OF
100	100	PROTECTIVE ORDERS. (a) To ensure that a peace officer responding
101	101	to a disturbance call is aware of the existence and terms of any
102	102	protective order, each municipal police department and sheriff
103	103	shall establish procedures within the department or sheriff's
104	104	office to provide peace officers adequate information or access to
105	105	information regarding the names of:
106	106	(1) persons protected by a protective order; and
107	107	(2) persons to whom protective orders are directed.
108	108	(b) Each peace officer shall accept a certified copy of an
109	109	original or modified protective order as proof of the validity of
110	110	the order, and the order is presumed valid unless:
111	111	(1) the order contains a termination date that has
112	112	passed;
113	113	(2) more than one year has elapsed after the date the
114	114	order was issued; or
115	115	(3) the peace officer has been notified by the clerk of
116	116	the court vacating the order that the order has been vacated. (Code
117	117	Crim. Proc., Arts. 5.05(c), (d).)
118	118	Art. 5A.008. STANDBY ASSISTANCE; LIABILITY. (a) In a peace
119	119	officer's discretion, the officer may stay with a victim of family
120	120	violence to protect the victim and allow the victim to take the
121	121	personal property of the victim or of a child in the care of the
122	122	victim to a place of safety in an orderly manner.
123	123	(b) A peace officer who provides assistance under
124	124	Subsection (a) is not:
125	125	(1) civilly liable for an act or omission of the
126	126	officer that arises in connection with providing the assistance or
127	127	determining whether to provide the assistance; or
128	128	(2) civilly or criminally liable for the wrongful
129	129	appropriation of any personal property by the victim. (Code Crim.
130	130	Proc., Art. 5.045.)
131	131	Art. 5A.009. REQUIRED REPORTS. (a) A peace officer who
132	132	investigates a family violence incident or who responds to a
133	133	disturbance call that may involve family violence shall make a
134	134	written report that includes:
135	135	(1) the names of the suspect and complainant;
136	136	(2) the date, time, and location of the incident;
137	137	(3) any visible or reported injuries;
138	138	(4) a description of the incident and a statement of
139	139	its disposition; and
140	140	(5) whether the suspect is a member of the state
141	141	military forces or is serving in the armed forces of the United
142	142	States in an active-duty status.
143	143	(b) If a suspect is identified as being a member of the
144	144	military, as described by Subsection (a)(5), the peace officer
145	145	shall provide written notice of the incident or disturbance call to
146	146	the staff judge advocate at Joint Force Headquarters or the provost
147	147	marshal of the military installation to which the suspect is
148	148	assigned with the intent that the commanding officer will be
149	149	notified, as applicable.
150	150	(c) In addition to the written report required under
151	151	Subsection (a), a peace officer who investigates a family violence
152	152	incident or who responds to a disturbance call that may involve
153	153	family violence shall make a report to the Department of Family and
154	154	Protective Services if the location of the incident or call, or the
155	155	known address of a person involved in the incident or call, matches
156	156	the address of a licensed foster home or a verified agency foster
157	157	home as listed in the Texas Crime Information Center. The report
158	158	under this subsection may be made orally or electronically and
159	159	must:
160	160	(1) include the information required by Subsection
161	161	(a); and
162	162	(2) be filed with the Department of Family and
163	163	Protective Services within 24 hours of the beginning of the
164	164	investigation or receipt of the disturbance call.
165	165	(d) A peace officer who makes a report under Subsection (a)
166	166	shall provide information concerning the incident or disturbance to
167	167	the bureau of identification and records of the Department of
168	168	Public Safety for its recordkeeping function under Section 411.042,
169	169	Government Code. The bureau shall prescribe the form and nature of
170	170	the information required to be reported to the bureau by this
171	171	subsection. (Code Crim. Proc., Arts. 5.05(a), (a-1), (a-2), (e).)
172	172	Art. 5A.010. ACCESS TO RECORDS. (a) Each local law
173	173	enforcement agency shall establish a departmental code for
174	174	identifying and retrieving a written report made under Article
175	175	5A.009(a).
176	176	(b) A district or county attorney with jurisdiction in the
177	177	county where the law enforcement agency maintains records under
178	178	this article or Article 5A.009(a) is entitled to access to the
179	179	records.
180	180	(c) The Department of Family and Protective Services is
181	181	entitled to access to the records described by Subsection (b)
182	182	relating to any person who is 14 years of age or older and who
183	183	resides in a licensed foster home or a verified agency foster home.
184	184	(d) On request of a victim of an incident of family
185	185	violence, the local law enforcement agency responsible for
186	186	investigating the incident shall provide the victim, at no cost to
187	187	the victim, with any information that is:
188	188	(1) described by Article 5A.009(a)(1) or (2); and
189	189	(2) not exempt from disclosure under Chapter 552,
190	190	Government Code, or other law. (Code Crim. Proc., Arts. 5.05(b),
191	191	(f).)
192	192	Art. 5A.011. PROSECUTOR'S NOTICE OF RESPONSIBILITY FOR
193	193	FILING APPLICATIONS FOR PROTECTIVE ORDERS. The prosecuting
194	194	attorney who has responsibility under Section 81.007, Family Code,
195	195	for filing an application for a protective order under Title 4,
196	196	Family Code, shall provide notice of that responsibility to all law
197	197	enforcement agencies within the jurisdiction of the prosecuting
198	198	attorney. (Code Crim. Proc., Art. 5.06(c).)
199	199	Art. 5A.012. PROSECUTOR'S FILING OF PROTECTIVE ORDER:
200	200	PROHIBITED CONSIDERATION; AUTHORITY TO REQUIRE INFORMATION. A
201	201	prosecuting attorney's decision to file an application for a
202	202	protective order under Title 4, Family Code, should be made without
203	203	regard to whether a criminal complaint has been filed by the
204	204	applicant. A prosecuting attorney may require the applicant to
205	205	provide to a local law enforcement agency information relating to
206	206	the facts alleged in the application for an offense report. (Code
207	207	Crim. Proc., Art. 5.06(b).)
208	208	Art. 5A.013. DELAY OR DISMISSAL OF PROSECUTION BASED ON
209	209	STATUS OF CERTAIN CIVIL PROCEEDINGS PROHIBITED. A prosecuting
210	210	attorney or a court may not:
211	211	(1) dismiss or delay any criminal proceeding that
212	212	involves a prosecution for an offense that constitutes family
213	213	violence because a civil proceeding is pending or not pending; or
214	214	(2) require proof that a complaining witness, victim,
215	215	or defendant is a party to a suit for the dissolution of a marriage
216	216	or a suit affecting the parent-child relationship before presenting
217	217	a criminal allegation to a grand jury, filing an information, or
218	218	otherwise proceeding with the prosecution of a criminal case.
219	219	(Code Crim. Proc., Art. 5.06(a).)
220	220	Art. 5A.014. REFERRAL TO MEDIATION, ARBITRATION, DISPUTE
221	221	RESOLUTION, OR SIMILAR PROCEDURE PROHIBITED IN CRIMINAL
222	222	PROSECUTION. Notwithstanding Article 26.13(g) or 42A.301(b)(14),
223	223	in a criminal prosecution arising from family violence a court may
224	224	not refer or order the victim or the defendant involved to
225	225	mediation, arbitration, dispute resolution, or another similar procedure. (Code Crim. Proc., Art. 5.08.)
226	226	CHAPTER 9A. TRADE, BUSINESS, OR OCCUPATION INJURIOUS TO PUBLIC
227	227	HEALTH
228	228	Art. 9A.001. ORDER REGARDING INJURIOUS TRADE,
229	229	BUSINESS, OR OCCUPATION
230	230	Art. 9A.002. PERMANENT RESTRAINT AND BOND ON
231	231	CONVICTION
232	232	Art. 9A.003. BOND REQUIREMENTS
233	233	Art. 9A.004. CONSEQUENCE OF REFUSAL TO EXECUTE BOND
234	234	Art. 9A.005. ACTION FOR BREACH OF BOND
235	235	Art. 9A.006. SEIZURE AND DESTRUCTION OF UNWHOLESOME
236	236	FOOD OR ADULTERATED MEDICINE
237	237	CHAPTER 9A. TRADE, BUSINESS, OR OCCUPATION INJURIOUS TO PUBLIC
238	238	HEALTH
239	239	Art. 9A.001. ORDER REGARDING INJURIOUS TRADE, BUSINESS, OR
240	240	OCCUPATION. After an indictment or information has been presented
241	241	against a person for carrying on a trade, business, or occupation
242	242	injurious to the health of persons in the neighborhood, the court in
243	243	which the indictment or information is pending may issue an order:
244	244	(1) on the application of an interested person and
245	245	after hearing proof for and against the defendant, restraining the
246	246	defendant from carrying on the trade, business, or occupation
247	247	subject to a penalty the court considers proper; or
248	248	(2) regarding the manner and place of carrying on the
249	249	trade, business, or occupation as the court considers advisable.
250	250	(Code Crim. Proc., Art. 9.01 (part); New.)
251	251	Art. 9A.002. PERMANENT RESTRAINT AND BOND ON CONVICTION.
252	252	On conviction of the defendant at trial:
253	253	(1) the order restraining the defendant issued under
254	254	Article 9A.001 shall be made permanent; and
255	255	(2) the defendant shall be required to execute a bond
256	256	with security conditioned on the defendant not continuing, to the
257	257	detriment of the health of any neighborhood in the county where the
258	258	defendant carried on the trade, business, or occupation, the trade,
259	259	business, or occupation for which the defendant was convicted.
260	260	(Code Crim. Proc., Art. 9.01 (part); New.)
261	261	Art. 9A.003. BOND REQUIREMENTS. A bond executed under
262	262	Article 9A.002 shall:
263	263	(1) be payable to this state;
264	264	(2) be in a reasonable amount set by the court;
265	265	(3) specify the trade, business, or occupation for
266	266	which the defendant was convicted and the place where the defendant
267	267	carried on the trade, business, or occupation;
268	268	(4) be conditioned on the defendant not carrying on,
269	269	to the detriment of the health of any neighborhood in the county,
270	270	the specified trade, business, or occupation at the specified place
271	271	or any other place in the county;
272	272	(5) be signed and dated by the defendant and the
273	273	defendant's sureties; and
274	274	(6) be approved by and filed with the court. (Code
275	275	Crim. Proc., Art. 9.03; New.)
276	276	Art. 9A.004. CONSEQUENCE OF REFUSAL TO EXECUTE BOND. If a
277	277	defendant refuses to execute a bond when required under Article
278	278	9A.002, the court may:
279	279	(1) commit the defendant to jail; or
280	280	(2) issue an order requiring the sheriff to seize and
281	281	destroy the implements of or the goods and property used in
282	282	conducting the trade, business, or occupation for which the
283	283	defendant was convicted. (Code Crim. Proc., Art. 9.02.)
284	284	Art. 9A.005. ACTION FOR BREACH OF BOND. (a) The district
285	285	or county attorney may bring an action in the name of the state for
286	286	breach of a bond executed under Article 9A.002 within two years
287	287	after the date of the breach.
288	288	(b) Showing the defendant continued, after executing the
289	289	bond, to carry on the trade, business, or occupation for which the
290	290	bond was executed is sufficient proof of the defendant's breach of
291	291	the bond. The full amount of the bond may be recovered from the
292	292	defendant and the defendant's sureties.
293	293	(c) An action brought under this article is governed by the
294	294	same rules governing a civil action. (Code Crim. Proc., Arts. 9.04,
295	295	9.05.)
296	296	Art. 9A.006. SEIZURE AND DESTRUCTION OF UNWHOLESOME FOOD OR
297	297	ADULTERATED MEDICINE. After a defendant is convicted of selling
298	298	unwholesome food or adulterated medicine, the court shall issue an
299	299	order for the sheriff or other proper officer to seize and destroy
300	300	any unwholesome food or adulterated medicine that remains in the defendant's possession. (Code Crim. Proc., Art. 9.06.)
301	301	CHAPTER 49A. DEATH INQUESTS
302	302	SUBCHAPTER A. GENERAL PROVISIONS
303	303	Art. 49A.001. DEFINITIONS
304	304	Art. 49A.002. WHEN DECEASED PERSON OR BODY CONSIDERED
305	305	UNIDENTIFIED
306	306	SUBCHAPTER B. INQUESTS BY JUSTICE OF THE PEACE
307	307	Art. 49A.051. APPLICABILITY
308	308	Art. 49A.052. INDEPENDENT AUTHORITY AND DUTIES OF
309	309	JUSTICE OF THE PEACE
310	310	Art. 49A.053. DEATHS REQUIRING INQUEST
311	311	Art. 49A.054. REQUIRED NOTICE TO JUSTICE OF THE PEACE;
312	312	OFFENSE
313	313	Art. 49A.055. ALTERNATE OFFICIALS REQUIRED TO CONDUCT
314	314	INQUESTS; OFFENSE
315	315	Art. 49A.056. REQUIRED NOTICE OF DEATH IN PENAL
316	316	INSTITUTION
317	317	Art. 49A.057. AUTHORITY TO ACT ON CERTAIN INFORMATION
318	318	Art. 49A.058. TIME AND PLACE OF INQUEST
319	319	Art. 49A.059. OFFENSE: HINDERING AN INQUEST
320	320	Art. 49A.060. LIMITATIONS ON MOVING BODY AND PHYSICAL
321	321	SURROUNDINGS; OFFENSE
322	322	Art. 49A.061. AUTHORITY TO LOCK AND SEAL PREMISES OF
323	323	DECEASED PERSON; LIABILITY OF ESTATE
324	324	FOR EXPENSES; OFFENSE
325	325	Art. 49A.062. AUTHORITY TO DISINTER BODY
326	326	Art. 49A.063. AUTOPSIES
327	327	Art. 49A.064. TAKING SAMPLES; LIMITED AUTOPSIES
328	328	Art. 49A.065. CHEMICAL ANALYSES
329	329	Art. 49A.066. LIABILITY OF PERSON PERFORMING AUTOPSY
330	330	OR TEST
331	331	Art. 49A.067. UNIDENTIFIED BODY
332	332	Art. 49A.068. CREMATION; OFFENSE
333	333	Art. 49A.069. INQUEST HEARING; CONTEMPT
334	334	Art. 49A.070. OFFENSE: FAILING TO APPEAR AT INQUEST
335	335	HEARING
336	336	Art. 49A.071. INQUEST RECORD
337	337	Art. 49A.072. WARRANT OF ARREST
338	338	Art. 49A.073. COMMITMENT OF SUSPECT
339	339	Art. 49A.074. PRESERVATION OF EVIDENCE
340	340	Art. 49A.075. OFFICE OF DEATH INVESTIGATOR
341	341	Art. 49A.076. DUTY TO SIGN DEATH CERTIFICATES AND
342	342	INQUEST ORDERS
343	343	Art. 49A.077. AUTHORITY TO REOPEN INQUEST BASED ON
344	344	CERTAIN INFORMATION
345	345	SUBCHAPTER C. INQUESTS BY MEDICAL EXAMINER
346	346	Art. 49A.101. CREATION OF OFFICE REQUIRED IN CERTAIN
347	347	COUNTIES; AUTHORITY TO ESTABLISH
348	348	OFFICE
349	349	Art. 49A.102. CREATION OF MULTI-COUNTY MEDICAL
350	350	EXAMINERS DISTRICT; WITHDRAWAL
351	351	Art. 49A.103. INQUEST POWERS AND DUTIES OF JUSTICE OF
352	352	THE PEACE APPLY TO MEDICAL EXAMINER;
353	353	CONFLICT OF LAWS
354	354	Art. 49A.104. WHICH MEDICAL EXAMINER REQUIRED TO
355	355	CONDUCT INQUEST
356	356	Art. 49A.105. APPOINTMENT AND QUALIFICATION OF MEDICAL
357	357	EXAMINER
358	358	Art. 49A.106. EMPLOYEES
359	359	Art. 49A.107. SALARIES
360	360	Art. 49A.108. PROVISION OF OFFICE SPACE AND LABORATORY
361	361	FACILITIES
362	362	Art. 49A.109. DEATHS REQUIRING INQUEST BY MEDICAL
363	363	EXAMINER
364	364	Art. 49A.110. REQUIRED NOTICE TO MEDICAL EXAMINER OF
365	365	DEATHS
366	366	Art. 49A.111. AUTHORITY TO ADMINISTER OATHS AND TAKE
367	367	AFFIDAVITS DURING INQUEST
368	368	Art. 49A.112. MEDICAL EXAMINER MUST AUTHORIZE REMOVAL
369	369	OF BODY; EXCEPTIONS
370	370	Art. 49A.113. AUTHORITY TO DISINTER BODY
371	371	Art. 49A.114. WHEN AUTOPSIES REQUIRED; USE OF
372	372	FACILITIES
373	373	Art. 49A.115. LIMITED AUTOPSY
374	374	Art. 49A.116. UNIDENTIFIED BODY: TESTING, REPORTING,
375	375	AND DISPOSITION
376	376	Art. 49A.117. DUTY TO TAKE CHARGE OF BODY IN ABSENCE
377	377	OF NEXT OF KIN OR LEGAL REPRESENTATIVE
378	378	Art. 49A.118. CREMATION
379	379	Art. 49A.119. REPORTING CAUSE OF DEATH; KEEPING
380	380	RECORDS; ISSUING DEATH CERTIFICATES
381	381	Art. 49A.120. WITHHOLDING OF RECORDS NOT PERMITTED;
382	382	EXCEPTIONS
383	383	Art. 49A.121. RELEASE OF CERTAIN RECORDS
384	384	Art. 49A.122. FEES
385	385	Art. 49A.123. GENERAL CRIMINAL OFFENSE
386	386	SUBCHAPTER D. INVESTIGATIONS AND REPORTS OF CERTAIN DEATHS BY
387	387	OTHER OFFICIALS
388	388	Art. 49A.151. COUNTY SERVED BY JUSTICE OF THE PEACE:
389	389	NOTICE AND REPORT OF DEATH OCCURRING
390	390	IN INSTITUTION
391	391	Art. 49A.152. COUNTY SERVED BY MEDICAL EXAMINER:
392	392	NOTICE AND REPORT OF DEATH OCCURRING
393	393	IN INSTITUTION; OFFENSE
394	394	Art. 49A.153. COUNTY SERVED BY JUSTICE OF THE PEACE:
395	395	INVESTIGATION AND REPORT OF DEATH
396	396	OCCURRING WHILE CONFINED OR IN PEACE
397	397	OFFICER CUSTODY
398	398	SUBCHAPTER E. INFORMED CONSENT FOR POSTMORTEM EXAMINATION OR
399	399	AUTOPSY IN ALL COUNTIES
400	400	Art. 49A.201. APPLICABILITY
401	401	Art. 49A.202. INFORMED CONSENT TO POSTMORTEM
402	402	EXAMINATION OR AUTOPSY REQUIRED
403	403	Art. 49A.203. PERSONS AUTHORIZED TO CONSENT TO
404	404	POSTMORTEM EXAMINATION OR AUTOPSY
405	405	Art. 49A.204. POSTMORTEM EXAMINATION OR AUTOPSY
406	406	CONSENT FORM
407	407	Art. 49A.205. RIGHT TO NONAFFILIATED PHYSICIAN
408	408	REVIEWING OR PERFORMING AUTOPSY
409	409	SUBCHAPTER F. MISCELLANEOUS PROVISIONS APPLICABLE IN ALL COUNTIES
410	410	Art. 49A.251. WAITING PERIOD BEFORE CREMATION; OFFENSE
411	411	Art. 49A.252. RIGHT OF PARENT OF DECEASED PERSON TO
412	412	VIEW PERSON'S BODY
413	413	CHAPTER 49A. DEATH INQUESTS
414	414	SUBCHAPTER A. GENERAL PROVISIONS
415	415	Art. 49A.001. DEFINITIONS. In this chapter:
416	416	(1) "Autopsy" means a postmortem examination of the
417	417	body of a person, including x-rays and an examination of the
418	418	internal organs and structures after dissection, to determine the
419	419	cause of death or the nature of any pathological changes that may
420	420	have contributed to the death.
421	421	(2) "Inquest" means an investigation into the cause
422	422	and circumstances of the death of a person, and a determination,
423	423	made with or without a formal court hearing, regarding whether the
424	424	death was caused by an unlawful act or omission.
425	425	(3) "Inquest hearing" means a formal court hearing
426	426	held:
427	427	(A) to determine whether the death of a person
428	428	was caused by an unlawful act or omission; and
429	429	(B) if the death was caused by an unlawful act or
430	430	omission, to obtain evidence supporting a criminal prosecution.
431	431	(4) "Institution" means a place where health care
432	432	services are provided, including a hospital, clinic, health
433	433	facility, nursing home, extended care facility, outpatient
434	434	facility, foster care facility, and retirement home.
435	435	(5) "Physician" means a practicing doctor of medicine
436	436	or doctor of osteopathic medicine who is licensed by the Texas
437	437	Medical Board under Subtitle B, Title 3, Occupations Code. (Code
438	438	Crim. Proc., Art. 49.01(a).)
439	439	Art. 49A.002. WHEN DECEASED PERSON OR BODY CONSIDERED
440	440	UNIDENTIFIED. For purposes of this chapter, a deceased person or a
441	441	deceased person's body is considered unidentified if:
442	442	(1) the deceased person's legal name is unknown; and
443	443	(2) there is no known person with the duty to inter the
444	444	deceased person's remains under Section 711.002(a), Health and
445	445	Safety Code. (Code Crim. Proc., Art. 49.01(b).)
446	446	SUBCHAPTER B. INQUESTS BY JUSTICE OF THE PEACE
447	447	Art. 49A.051. APPLICABILITY. This subchapter applies to
448	448	the inquest into a person's death that occurs in a county that:
449	449	(1) does not have an office of medical examiner; and
450	450	(2) is not part of a medical examiner's district.
451	451	(Code Crim. Proc., Art. 49.02.)
452	452	Art. 49A.052. INDEPENDENT AUTHORITY AND DUTIES OF JUSTICE
453	453	OF THE PEACE. The powers granted to and duties imposed on a justice
454	454	of the peace under this subchapter are independent of the powers and
455	455	duties of a law enforcement agency investigating a person's death.
456	456	(Code Crim. Proc., Art. 49.03.)
457	457	Art. 49A.053. DEATHS REQUIRING INQUEST. (a) A justice of
458	458	the peace shall conduct an inquest into the death of a person who
459	459	dies in the county served by the justice if:
460	460	(1) the person dies in prison under circumstances
461	461	other than those described by Section 501.055(b), Government Code,
462	462	or in jail;
463	463	(2) the person dies an unnatural death from a cause
464	464	other than a legal execution;
465	465	(3) the body or a body part of a person is found and
466	466	either:
467	467	(A) the person is identified but the cause or
468	468	circumstances of death are unknown; or
469	469	(B) the person is unidentified, regardless of
470	470	whether the cause or circumstances of death are known;
471	471	(4) the circumstances of the death indicate that the
472	472	death may have been caused by unlawful means;
473	473	(5) the person dies by suicide or the circumstances of
474	474	the death indicate that the death may have been caused by suicide;
475	475	(6) the person dies without having been attended by a
476	476	physician;
477	477	(7) the person dies while attended by a physician who:
478	478	(A) is unable to certify the cause of death; and
479	479	(B) requests the justice to conduct an inquest;
480	480	or
481	481	(8) the person is a child younger than six years of age
482	482	and an inquest is required by Chapter 264, Family Code.
483	483	(b) Except as provided by Subsection (c), a physician who
484	484	attends the death of a person and is unable to certify the cause of
485	485	death shall report the death to the justice of the peace of the
486	486	precinct where the death occurred and request that the justice
487	487	conduct an inquest.
488	488	(c) If a person dies in an institution and an attending
489	489	physician is unable to certify the cause of death, the
490	490	superintendent or general manager of the institution shall report
491	491	the death to the justice of the peace of the precinct where the
492	492	institution is located. (Code Crim. Proc., Arts. 49.04(a), (b),
493	493	(c).)
494	494	Art. 49A.054. REQUIRED NOTICE TO JUSTICE OF THE PEACE;
495	495	OFFENSE. (a) A physician or other person who possesses a body or
496	496	body part of a person whose death requires an inquest under Article
497	497	49A.053 shall immediately notify the justice of the peace of the
498	498	precinct in which the body or body part was found.
499	499	(b) A peace officer who is notified of a death that requires
500	500	an inquest under Article 49A.053 shall immediately notify the
501	501	justice of the peace of the precinct in which the body or body part
502	502	was found.
503	503	(c) A person commits an offense if the person is required by
504	504	this article to give notice and intentionally or knowingly fails to
505	505	give the notice. An offense under this subsection is a Class C
506	506	misdemeanor. (Code Crim. Proc., Arts. 49.07(a), (b), (d).)
507	507	Art. 49A.055. ALTERNATE OFFICIALS REQUIRED TO CONDUCT
508	508	INQUESTS; OFFENSE. (a) If the justice of the peace of the precinct
509	509	in which the body or body part was found is not available to conduct
510	510	an inquest, a person required to give notice under Article 49A.054
511	511	shall notify the nearest available justice of the peace of the
512	512	county in which the body or body part was found, and that justice of
513	513	the peace shall conduct the inquest.
514	514	(b) If each justice of the peace of the county in which the
515	515	body or body part was found is not available to conduct an inquest,
516	516	a person required to give notice under Article 49A.054 shall notify
517	517	the county judge of that county, and the county judge shall initiate
518	518	the inquest. Subject to Subsection (d), the county judge may
519	519	exercise any power and perform any duty otherwise granted or
520	520	imposed under this subchapter to or on the justice of the peace of
521	521	the county in which the body or body part was found.
522	522	(c) This subsection applies only if each justice of the
523	523	peace of the county in which the body or body part was found and the
524	524	county judge of that county are not available to conduct an inquest.
525	525	A person required to give notice under Article 49A.054 may ask the
526	526	justice of the peace of the precinct in which the body or body part
527	527	was found or the county judge of that precinct's county to request a
528	528	justice of the peace of another county described by Article 49A.051
529	529	to initiate the inquest. All expenses related to the inquest must
530	530	be paid as provided by this chapter.
531	531	(d) A person who initiates an inquest under Subsection (b)
532	532	or (c) shall, not later than the fifth day after the date the
533	533	inquest is initiated, transfer all information obtained by the
534	534	person and related to the inquest to the justice of the peace of the
535	535	precinct in which the body or body part was found for final
536	536	disposition of the matter.
537	537	(e) A person commits an offense if the person is required by
538	538	this article to give notice and intentionally or knowingly fails to
539	539	give the notice. An offense under this subsection is a Class C
540	540	misdemeanor. (Code Crim. Proc., Arts. 49.07(c), (d).)
541	541	Art. 49A.056. REQUIRED NOTICE OF DEATH IN PENAL
542	542	INSTITUTION. (a) If a person confined in a penal institution dies,
543	543	the sheriff or other person in charge of the penal institution shall
544	544	as soon as practicable provide notice of the death to the justice of
545	545	the peace of the precinct in which the penal institution is located.
546	546	(b) This article does not apply to a death that occurs in a
547	547	facility operated by or under contract with the Texas Department of
548	548	Criminal Justice. (Code Crim. Proc., Arts. 49.18(a), (c) (part).)
549	549	Art. 49A.057. AUTHORITY TO ACT ON CERTAIN INFORMATION. A
550	550	justice of the peace conducting an inquest may act on:
551	551	(1) information the justice receives from a credible
552	552	person; or
553	553	(2) facts within the justice's knowledge. (Code Crim.
554	554	Proc., Art. 49.08.)
555	555	Art. 49A.058. TIME AND PLACE OF INQUEST. (a) A justice of
556	556	the peace shall conduct an inquest as soon as practicable after the
557	557	justice receives notice of the death.
558	558	(b) A justice of the peace may conduct an inquest:
559	559	(1) at the place where the death occurred;
560	560	(2) at the place where the body was found;
561	561	(3) by videoconference with a person who is:
562	562	(A) designated by the justice of the peace; and
563	563	(B) present with the body for a death described
564	564	by Article 49A.053(a)(6) or (7); or
565	565	(4) at any other place the justice determines is
566	566	reasonable. (Code Crim. Proc., Arts. 49.05(a), (b).)
567	567	Art. 49A.059. OFFENSE: HINDERING AN INQUEST. (a) A person
568	568	commits an offense if the person intentionally or knowingly hinders
569	569	the entrance of a justice of the peace to a premises where a death
570	570	occurred or a body was found.
571	571	(b) An offense under this article is a Class B misdemeanor.
572	572	(Code Crim. Proc., Art. 49.06.)
573	573	Art. 49A.060. LIMITATIONS ON MOVING BODY AND PHYSICAL
574	574	SURROUNDINGS; OFFENSE. (a) A justice of the peace may direct the
575	575	removal of a body from the place of death or move any part of the
576	576	physical surroundings of a body only after:
577	577	(1) a law enforcement agency is notified of the death
578	578	and a peace officer has conducted an investigation into the death;
579	579	or
580	580	(2) if a law enforcement agency has not begun an
581	581	investigation into the death, a reasonable period has elapsed from
582	582	the time the law enforcement agency was notified.
583	583	(b) A law enforcement agency that is notified of a death
584	584	requiring an inquest under Article 49A.053 shall begin its
585	585	investigation into the death as soon as practicable after the law
586	586	enforcement agency receives notice of the death.
587	587	(c) Except in emergency circumstances, a peace officer or
588	588	other person conducting a death investigation for a law enforcement
589	589	agency may not move the body or any part of the physical
590	590	surroundings of the place of death without authorization from a
591	591	justice of the peace.
592	592	(d) A person not authorized by law to move the body of a
593	593	deceased person or any part of the physical surroundings of the body
594	594	commits an offense if the person tampers with:
595	595	(1) a body that is subject to an inquest under Article
596	596	49A.053; or
597	597	(2) any part of the physical surroundings of the body
598	598	described by Subdivision (1).
599	599	(e) An offense under Subsection (d) is punishable by a fine
600	600	in an amount not to exceed $500. (Code Crim. Proc., Arts. 49.05(c),
601	601	(d), (e), (f).)
602	602	Art. 49A.061. AUTHORITY TO LOCK AND SEAL PREMISES OF
603	603	DECEASED PERSON; LIABILITY OF ESTATE FOR EXPENSES; OFFENSE. (a) If
604	604	a body or body part that is subject to an inquest under Article
605	605	49A.053 is found on premises that were under the sole control of the
606	606	deceased person, a justice of the peace or other person authorized
607	607	under this subchapter to conduct an inquest may direct that the
608	608	premises be locked and sealed to prohibit entrance by any person
609	609	other than a peace officer investigating the death.
610	610	(b) Rent, utility charges, taxes, and any other reasonable
611	611	expense that accrues against the property of the deceased person
612	612	during the period the premises of the deceased person are locked and
613	613	sealed under this article may be charged against the estate of the
614	614	deceased person.
615	615	(c) A person, other than a peace officer, commits an offense
616	616	if the person tampers with or removes a lock or seal placed on
617	617	premises under this article.
618	618	(d) An offense under this article is a Class B misdemeanor.
619	619	(Code Crim. Proc., Art. 49.22.)
620	620	Art. 49A.062. AUTHORITY TO DISINTER BODY. If a body or body
621	621	part subject to an inquest under Article 49A.053 is interred and an
622	622	authorized person has not conducted an inquest required under this
623	623	subchapter, a justice of the peace may direct the disinterment of
624	624	the body or body part to conduct an inquest. (Code Crim. Proc.,
625	625	Art. 49.09(a).)
626	626	Art. 49A.063. AUTOPSIES. (a) A justice of the peace may
627	627	obtain the opinion of a county health officer or a physician
628	628	regarding whether an autopsy is necessary to determine or confirm
629	629	the nature and cause of a death.
630	630	(b) Unless an autopsy is required under Subsection (c)(2),
631	631	for each body that is the subject of an inquest by a justice of the
632	632	peace, the justice shall, in the justice's discretion:
633	633	(1) direct a physician to perform an autopsy; or
634	634	(2) certify that an autopsy is not necessary.
635	635	(c) A justice of the peace shall order an autopsy to be
636	636	performed on a body if:
637	637	(1) the justice determines that an autopsy is
638	638	necessary to determine or confirm the nature and cause of death;
639	639	(2) the deceased person was a child younger than six
640	640	years of age and the death is determined under Section 264.514,
641	641	Family Code, to be unexpected or the result of abuse or neglect; or
642	642	(3) the district attorney, criminal district
643	643	attorney, or, if there is not a district or criminal district
644	644	attorney, the county attorney directs the justice to order the
645	645	autopsy.
646	646	(d) A justice of the peace shall request a physician to
647	647	perform the autopsy.
648	648	(e) A justice of the peace may not order a person to perform
649	649	an autopsy on the body of a deceased person whose death was caused
650	650	by:
651	651	(1) Asiatic cholera;
652	652	(2) bubonic plague;
653	653	(3) typhus fever;
654	654	(4) smallpox; or
655	655	(5) a communicable disease during a public health
656	656	disaster.
657	657	(f) If a person is injured in one county and dies in another
658	658	county as a result of that injury, the attorney representing the
659	659	state in the prosecution of felonies in the county in which the
660	660	injury occurred may request a justice of the peace of the county in
661	661	which the death occurred to order an autopsy to be performed on the
662	662	body of that person. If the justice of the peace orders the autopsy
663	663	to be performed, the county in which the person's injury occurred
664	664	shall reimburse the county in which the person's death occurred.
665	665	(g) The commissioners court of the county shall pay a
666	666	reasonable fee:
667	667	(1) to a physician performing an autopsy on the order
668	668	of a justice of the peace, if a fee is assessed;
669	669	(2) for an opinion obtained by a justice of the peace
670	670	under Subsection (a); and
671	671	(3) for the transportation of a body on the order of a
672	672	justice of the peace to a place where an autopsy may be performed
673	673	under this article or Article 49A.064. (Code Crim. Proc., Arts.
674	674	49.10(a), (b), (c), (d), (e), (f), (g), (h), (o).)
675	675	Art. 49A.064. TAKING SAMPLES; LIMITED AUTOPSIES. (a) If a
676	676	justice of the peace determines that a complete autopsy is
677	677	unnecessary to confirm or determine the cause of death, the justice
678	678	may order a physician to take or remove from a body a sample of body
679	679	fluids, tissues, or organs to determine the nature and cause of
680	680	death. Except as provided by Subsection (b), a justice may not
681	681	order a person other than a physician to take a sample from the body
682	682	of a deceased person.
683	683	(b) A justice of the peace may order a physician, qualified
684	684	technician, paramedic, chemist, registered nurse, or licensed
685	685	vocational nurse to take a specimen of blood from the body of a
686	686	person:
687	687	(1) who died as the result of a motor vehicle collision
688	688	if the justice determines that circumstances indicate that the
689	689	person may have been driving while intoxicated; or
690	690	(2) to aid in the confirmation or determination of the
691	691	cause and manner of the person's death while conducting an inquest.
692	692	(Code Crim. Proc., Arts. 49.10(i), (j).)
693	693	Art. 49A.065. CHEMICAL ANALYSES. (a) A justice of the
694	694	peace may obtain a chemical analysis of a sample taken from a body
695	695	to determine whether the death was caused, wholly or partly, by the
696	696	ingestion, injection, or introduction into the body of a poison or
697	697	other chemical substance. A justice may obtain a chemical analysis
698	698	under this subsection from a chemist, toxicologist, pathologist, or
699	699	other medical expert.
700	700	(b) A justice of the peace shall obtain a chemical analysis
701	701	under Subsection (a) if requested by the physician who performed an
702	702	autopsy on the body.
703	703	(c) The commissioners court shall pay a reasonable fee to a
704	704	person who conducts a chemical analysis at the request of a justice
705	705	of the peace. (Code Crim. Proc., Art. 49.11.)
706	706	Art. 49A.066. LIABILITY OF PERSON PERFORMING AUTOPSY OR
707	707	TEST. A person who performs an autopsy or a test on a body on the
708	708	order of a justice of the peace in the good faith belief that the
709	709	order is valid is not liable for damages if the order is invalid.
710	710	(Code Crim. Proc., Art. 49.12.)
711	711	Art. 49A.067. UNIDENTIFIED BODY. (a) A justice of the
712	712	peace investigating an unidentified person's death described by
713	713	Article 49A.053(a)(3)(B) shall report the death to the missing
714	714	children and missing persons information clearinghouse of the
715	715	Department of Public Safety and the National Crime Information
716	716	Center not later than the 10th working day after the date the
717	717	investigation began.
718	718	(b) A justice of the peace investigating an unidentified
719	719	person's death described by Article 49A.053(a)(3)(B), or the
720	720	justice's designee, shall enter into the National Missing and
721	721	Unidentified Persons System information regarding all available
722	722	identifying features of the unidentified body, including
723	723	fingerprints, dental records, any unusual physical
724	724	characteristics, and the clothing found on the body, not later than
725	725	the earlier of:
726	726	(1) the 10th working day after the date that one or
727	727	more identifying features of the unidentified body are determined;
728	728	or
729	729	(2) the 60th day after the date the investigation
730	730	began.
731	731	(c) A justice of the peace may order an investigative or
732	732	laboratory test to determine the identity of a deceased person.
733	733	After proper removal of a sample from a body, a justice may order a
734	734	person specially trained in identification work to complete any
735	735	test necessary to determine the identity of the deceased person.
736	736	(d) To enable the timely and accurate identification of the
737	737	person, a medical examination on an unidentified person:
738	738	(1) must include:
739	739	(A) all available fingerprints and palm prints;
740	740	(B) dental charts and radiographs, including
741	741	x-rays, of the teeth;
742	742	(C) frontal and lateral facial photographs with
743	743	scale indicated;
744	744	(D) notation and photographs, with scale
745	745	indicated, of a significant scar, mark, tattoo, or item of clothing
746	746	or other personal effect found with or near the body;
747	747	(E) notation of any antemortem medical
748	748	condition;
749	749	(F) notation of any observation relevant to the
750	750	estimation of time of death; and
751	751	(G) precise documentation of the body's burial
752	752	location; and
753	753	(2) may include:
754	754	(A) full body radiographs, including x-rays; and
755	755	(B) hair specimens with roots.
756	756	(e) On discovering the body or body part of a deceased
757	757	person in the circumstances described by Article 49A.053(a)(3)(B),
758	758	the justice of the peace may request aid in the examination of the
759	759	body or body part from a forensic anthropologist who holds a
760	760	doctoral degree in anthropology with an emphasis in physical
761	761	anthropology. The forensic anthropologist:
762	762	(1) shall attempt to establish:
763	763	(A) whether the body or body part is of a human or
764	764	animal;
765	765	(B) whether evidence of childbirth, injury, or
766	766	disease exists; and
767	767	(C) the sex, race, age, stature, and physical
768	768	anomalies of the body or body part; and
769	769	(2) may attempt to establish the cause, manner, and
770	770	time of death.
771	771	(f) A person may not cremate or direct the cremation of an
772	772	unidentified person's body under Article 49A.068(a). If the body is
773	773	buried, the justice of the peace shall record and maintain for a
774	774	period of at least 10 years all information relating to the body and
775	775	the burial location. (Code Crim. Proc., Arts. 49.04(d), (e),
776	776	49.09(e), 49.10(k), (l), (m), (n).)
777	777	Art. 49A.068. CREMATION; OFFENSE. (a) A person may not
778	778	cremate or direct the cremation of a body subject to an inquest
779	779	under Article 49A.053 unless:
780	780	(1) the body is identified; and
781	781	(2) the person has received from the justice of the
782	782	peace a certificate signed by the justice stating that:
783	783	(A) an autopsy was performed on the body under
784	784	Article 49A.063 or 49A.064; or
785	785	(B) no autopsy was necessary.
786	786	(b) An owner or operator of a crematory shall retain a
787	787	certificate received under Subsection (a) for a period of 10 years
788	788	after the cremation date for the body named on the certificate.
789	789	(c) A person commits an offense if the person cremates or
790	790	directs the cremation of a body without obtaining a certificate
791	791	from a justice of the peace as required by Subsection (a). An
792	792	offense under this subsection is a Class B misdemeanor. (Code Crim.
793	793	Proc., Arts. 49.09(b), (c), (d).)
794	794	Art. 49A.069. INQUEST HEARING; CONTEMPT. (a) A justice of
795	795	the peace conducting an inquest may hold an inquest hearing if the
796	796	justice determines that the circumstances warrant the hearing. The
797	797	justice shall hold an inquest hearing if requested by a district
798	798	attorney or a criminal district attorney of the county in which the
799	799	body was found.
800	800	(b) An inquest hearing may be held with or without a jury
801	801	unless the district attorney or criminal district attorney requests
802	802	a jury for the hearing.
803	803	(c) A jury in an inquest hearing is composed of six persons.
804	804	Jurors must be summoned in the same manner as jurors are summoned
805	805	for county court.
806	806	(d) A justice of the peace may hold a public or private
807	807	inquest hearing. If a person is arrested and charged with causing
808	808	the death of another, the person and the person's counsel are
809	809	entitled to be present at the inquest hearing, examine witnesses,
810	810	and introduce evidence.
811	811	(e) A justice of the peace may:
812	812	(1) issue a subpoena to enforce the attendance of a
813	813	witness at an inquest hearing;
814	814	(2) issue an attachment for a witness who is
815	815	subpoenaed and fails to appear at the time and place cited on the
816	816	subpoena; and
817	817	(3) require bail of a witness to secure the appearance
818	818	of the witness at an inquest hearing or before a grand jury,
819	819	examining court, or other court investigating a death.
820	820	(f) The justice of the peace shall:
821	821	(1) swear witnesses appearing at an inquest hearing;
822	822	(2) direct that all sworn testimony be reduced to
823	823	writing; and
824	824	(3) sign the transcription.
825	825	(g) Only the following persons may question a witness at an
826	826	inquest hearing:
827	827	(1) the justice of the peace;
828	828	(2) a person charged in the death under investigation
829	829	and the person's counsel; and
830	830	(3) the attorney representing the state.
831	831	(h) A justice of the peace may hold in contempt of court a
832	832	person who disrupts the proceedings of an inquest hearing. A peace
833	833	officer may remove from court a person who is held in contempt of
834	834	court under this subsection. The penalty for contempt of court
835	835	under this subsection is a fine in an amount not to exceed $100.
836	836	(Code Crim. Proc., Arts. 49.14(a), (b), (c) (part), (d), (e), (f),
837	837	(g) (part), (h), (i).)
838	838	Art. 49A.070. OFFENSE: FAILING TO APPEAR AT INQUEST
839	839	HEARING. (a) A juror who is properly summoned for an inquest
840	840	hearing under Article 49A.069(c) and fails to appear, other than a
841	841	juror exempted by law from jury service, commits an offense.
842	842	(b) An offense under this article is punishable by a fine
843	843	not to exceed $100. (Code Crim. Proc., Art. 49.14(c) (part).)
844	844	Art. 49A.071. INQUEST RECORD. (a) A justice of the peace
845	845	or other person authorized under this subchapter to conduct an
846	846	inquest shall make an inquest record for each inquest the justice or
847	847	person conducts. The inquest record must include:
848	848	(1) a report of the events, proceedings, findings, and
849	849	conclusions of the inquest;
850	850	(2) any autopsy report prepared in the case; and
851	851	(3) all other papers of the case.
852	852	(b) As part of the inquest record, the justice of the peace
853	853	shall make and keep a complete and permanent record of each inquest
854	854	hearing. The inquest hearing record must include:
855	855	(1) the name of the deceased person or, if the person
856	856	is unidentified, a description of the body;
857	857	(2) the time, date, and place where the body was found;
858	858	(3) the time, date, and place where the inquest was
859	859	held;
860	860	(4) the name of each witness who testified at the
861	861	inquest;
862	862	(5) the name of each person who provided to the justice
863	863	information relevant to the inquest;
864	864	(6) the amount of bail set for each witness and for
865	865	each person charged in the death;
866	866	(7) a transcript of the testimony given by each
867	867	witness at the inquest hearing;
868	868	(8) the autopsy report, if an autopsy was performed;
869	869	and
870	870	(9) the name of each person arrested as a suspect in
871	871	the death who appeared at the inquest and the details of that
872	872	person's arrest.
873	873	(c) All papers of the inquest record must be:
874	874	(1) marked with the case number;
875	875	(2) clearly indexed;
876	876	(3) maintained in the office of the justice of the
877	877	peace; and
878	878	(4) made available to the appropriate officials on
879	879	request.
880	880	(d) The commissioners court shall pay a reasonable fee to a
881	881	person who records or transcribes sworn testimony during an inquest
882	882	hearing. (Code Crim. Proc., Art. 49.15.)
883	883	Art. 49A.072. WARRANT OF ARREST. (a) A justice of the
884	884	peace who is conducting an inquest into a person's death under this
885	885	subchapter may issue a warrant for the arrest of a person suspected
886	886	of causing the death if:
887	887	(1) the justice has knowledge that the suspect caused
888	888	the death;
889	889	(2) the justice receives an affidavit stating that the
890	890	suspect caused the death; or
891	891	(3) evidence is adduced at an inquest hearing that
892	892	shows probable cause to believe the suspect caused the death.
893	893	(b) A peace officer who receives an arrest warrant issued by
894	894	a justice of the peace shall:
895	895	(1) execute the warrant immediately; and
896	896	(2) detain the arrested person until the arrested
897	897	person's discharge is ordered by the justice of the peace or other
898	898	proper authority.
899	899	(c) A person who is charged in a death and arrested under a
900	900	warrant issued by a justice of the peace shall remain in the custody
901	901	of the arresting peace officer. A warrant issued by another
902	902	magistrate is not sufficient authority to remove the arrested
903	903	person from the peace officer's custody.
904	904	(d) A person charged in a death who has not been arrested
905	905	under a warrant issued by a justice of the peace may be arrested on
906	906	the order of a magistrate other than the justice of the peace and
907	907	examined by that magistrate while an inquest is pending.
908	908	(e) A warrant of arrest issued under Subsection (a) is
909	909	sufficient if it:
910	910	(1) is issued in the name of "The State of Texas";
911	911	(2) specifies the name of the person whose arrest is
912	912	ordered or, if the person's name is unknown, reasonably describes
913	913	the person;
914	914	(3) recites in plain language the offense with which
915	915	the person is charged; and
916	916	(4) is signed and dated by a justice of the peace.
917	917	(Code Crim. Proc., Arts. 49.19, 49.20.)
918	918	Art. 49A.073. COMMITMENT OF SUSPECT. If a justice of the
919	919	peace finds at the conclusion of an inquest that a person who has
920	920	been arrested in the case caused or contributed to the death that is
921	921	the subject of the inquest, the justice may:
922	922	(1) commit the person to jail; or
923	923	(2) require the person to execute a bail bond with
924	924	security for the person's appearance before the proper court to
925	925	answer for the offense. (Code Crim. Proc., Art. 49.21.)
926	926	Art. 49A.074. PRESERVATION OF EVIDENCE. A justice of the
927	927	peace shall:
928	928	(1) preserve all tangible evidence that the justice
929	929	obtains in the course of an inquest that tends to identify the
930	930	person who caused the death that is the subject of the inquest or
931	931	show the actual cause of death; and
932	932	(2) deposit the evidence described by Subdivision (1)
933	933	with the appropriate law enforcement agency to be stored in the
934	934	agency's property room for safekeeping. (Code Crim. Proc., Art.
935	935	49.17.)
936	936	Art. 49A.075. OFFICE OF DEATH INVESTIGATOR. (a) The
937	937	commissioners court of a county may establish an office of death
938	938	investigator and employ one or more death investigators to assist a
939	939	person in the county who conducts an inquest. A death investigator
940	940	serves at the will of the commissioners court and on terms set by
941	941	the commissioners court.
942	942	(b) To be eligible for employment as a death investigator, a
943	943	person must have experience or training in investigative procedures
944	944	concerning the circumstances, manner, and cause of the death of a
945	945	person.
946	946	(c) At the request and under the supervision of a justice of
947	947	the peace or other person who conducts an inquest, a death
948	948	investigator may assist the person conducting the inquest to:
949	949	(1) investigate the time, place, and manner of death;
950	950	and
951	951	(2) lock and seal the premises of the deceased person.
952	952	(d) A death investigator who assists in an inquest under
953	953	Subsection (c) shall, not later than eight hours after the death
954	954	investigator completes the investigation, make a complete report of
955	955	the death investigator's activities, findings, and conclusions to
956	956	the justice of the peace or other person conducting the inquest.
957	957	(e) A death investigator employed under this article is
958	958	entitled to receive compensation from the county in an amount set by
959	959	the commissioners court. (Code Crim. Proc., Art. 49.23.)
960	960	Art. 49A.076. DUTY TO SIGN DEATH CERTIFICATES AND INQUEST
961	961	ORDERS. The justice of the peace or other person who conducts an
962	962	inquest under this subchapter shall sign the death certificate and
963	963	each order that the justice or other person makes as a necessary
964	964	part of the inquest. (Code Crim. Proc., Art. 49.16.)
965	965	Art. 49A.077. AUTHORITY TO REOPEN INQUEST BASED ON CERTAIN
966	966	INFORMATION. A justice of the peace may reopen an inquest if, based
967	967	on information provided by a credible person or facts within the
968	968	knowledge of the justice of the peace, the justice of the peace
969	969	determines that reopening the inquest may reveal a different cause
970	970	or different circumstances of death. (Code Crim. Proc., Art.
971	971	49.041.)
972	972	SUBCHAPTER C. INQUESTS BY MEDICAL EXAMINER
973	973	Art. 49A.101. CREATION OF OFFICE REQUIRED IN CERTAIN
974	974	COUNTIES; AUTHORITY TO ESTABLISH OFFICE. The commissioners court
975	975	of a county with a population of more than 2.5 million shall
976	976	establish and maintain an office of medical examiner. The
977	977	commissioners court of any other county may establish and maintain
978	978	an office of medical examiner. (Code Crim. Proc., Art. 49.25, Sec.
979	979	1 (part).)
980	980	Art. 49A.102. CREATION OF MULTI-COUNTY MEDICAL EXAMINERS
981	981	DISTRICT; WITHDRAWAL. (a) The commissioners courts of two or more
982	982	counties may enter into an agreement to create a medical examiners
983	983	district and to jointly operate and maintain an office of medical
984	984	examiner of the district. The district must include the entire area
985	985	of each county involved. The counties in the district must, when
986	986	taken together, form a continuous area.
987	987	(b) A medical examiners district may have only one medical
988	988	examiner. When a county becomes part of a medical examiners
989	989	district, the effect is the same within the county as if an office
990	990	of medical examiner had been established solely in that county.
991	991	(c) The district medical examiner has all the powers and
992	992	duties within the district that a medical examiner who serves in a
993	993	single county has within that county.
994	994	(d) The commissioners court of a county that is part of a
995	995	medical examiners district may withdraw the county from the
996	996	district if the court gives 12 months' notice of withdrawal to the
997	997	commissioners courts of all other counties in the district. (Code
998	998	Crim. Proc., Art. 49.25, Sec. 1-a.)
999	999	Art. 49A.103. INQUEST POWERS AND DUTIES OF JUSTICE OF THE
1000	1000	PEACE APPLY TO MEDICAL EXAMINER; CONFLICT OF LAWS. (a) When the
1001	1001	commissioners court of a county establishes an office of medical
1002	1002	examiner, all powers and duties of justices of the peace in that
1003	1003	county relating to a death investigation or an inquest transfer to
1004	1004	the office of medical examiner.
1005	1005	(b) A subsequent general law relating to a duty of a justice
1006	1006	of the peace in a death investigation or inquest applies to the
1007	1007	medical examiner in that county only to the extent that the law is
1008	1008	not inconsistent with this subchapter, Article 49A.152, or Article
1009	1009	49A.251, and those provisions prevail over a law or a part of law
1010	1010	that otherwise conflicts with those provisions. (Code Crim. Proc.,
1011	1011	Art. 49.25, Sec. 12.)
1012	1012	Art. 49A.104. WHICH MEDICAL EXAMINER REQUIRED TO CONDUCT
1013	1013	INQUEST. An inquest authorized and required by this subchapter
1014	1014	shall be conducted by the medical examiner of the county in which
1015	1015	the death subject to the inquest occurred. (Code Crim. Proc., Art.
1016	1016	49.25, Sec. 6(b).)
1017	1017	Art. 49A.105. APPOINTMENT AND QUALIFICATION OF MEDICAL
1018	1018	EXAMINER. (a) The commissioners court of a county that establishes
1019	1019	an office of medical examiner shall appoint the medical examiner. A
1020	1020	person appointed as the medical examiner must be:
1021	1021	(1) a physician licensed by the Texas Medical Board;
1022	1022	or
1023	1023	(2) a person who:
1024	1024	(A) is licensed and in good standing as a
1025	1025	physician in another state;
1026	1026	(B) has applied to the Texas Medical Board for a
1027	1027	license to practice medicine in this state; and
1028	1028	(C) has been granted a provisional license under
1029	1029	Section 155.101, Occupations Code.
1030	1030	(b) A medical examiner serves at the will of the
1031	1031	commissioners court that appointed the medical examiner.
1032	1032	(c) To the greatest extent possible, the commissioners
1033	1033	court shall appoint a medical examiner who has training and
1034	1034	experience in pathology, toxicology, histology, and other
1035	1035	medico-legal sciences. (Code Crim. Proc., Art. 49.25, Secs. 2(a),
1036	1036	(b).)
1037	1037	Art. 49A.106. EMPLOYEES. Subject to the approval of the
1038	1038	commissioners court, the medical examiner may employ deputy
1039	1039	examiners, scientific experts, trained technicians, officers, and
1040	1040	other employees as necessary to properly perform the duties imposed
1041	1041	on the medical examiner by this subchapter. (Code Crim. Proc., Art.
1042	1042	49.25, Sec. 3.)
1043	1043	Art. 49A.107. SALARIES. The commissioners court of a
1044	1044	county that establishes an office of medical examiner shall
1045	1045	establish and pay the salaries and compensations of the medical
1046	1046	examiner and the medical examiner's employees. (Code Crim. Proc.,
1047	1047	Art. 49.25, Sec. 4.)
1048	1048	Art. 49A.108. PROVISION OF OFFICE SPACE AND LABORATORY
1049	1049	FACILITIES. The commissioners court of a county that establishes
1050	1050	an office of medical examiner shall:
1051	1051	(1) provide the medical examiner and the medical
1052	1052	examiner's employees with adequate office space; and
1053	1053	(2) on request of the medical examiner, provide the
1054	1054	medical examiner and the medical examiner's employees with
1055	1055	laboratory facilities or make arrangements for the use of existing
1056	1056	laboratory facilities in the county. (Code Crim. Proc., Art. 49.25,
1057	1057	Sec. 5.)
1058	1058	Art. 49A.109. DEATHS REQUIRING INQUEST BY MEDICAL EXAMINER.
1059	1059	(a) A medical examiner, or a medical examiner's authorized deputy,
1060	1060	shall conduct an inquest if:
1061	1061	(1) a person dies within 24 hours after the person is
1062	1062	admitted to an institution or in prison or jail;
1063	1063	(2) a person:
1064	1064	(A) dies an unnatural death from a cause other
1065	1065	than a legal execution; or
1066	1066	(B) dies in the absence of a good witness;
1067	1067	(3) the body or a body part of a person is found and
1068	1068	either:
1069	1069	(A) the person is identified but the cause or
1070	1070	circumstances of death are unknown; or
1071	1071	(B) the person is unidentified, regardless of
1072	1072	whether the cause or circumstances of death are known;
1073	1073	(4) the circumstances of the death of a person
1074	1074	indicate that the person may have died by unlawful means;
1075	1075	(5) a person dies by suicide or the circumstances of
1076	1076	the person's death indicate that the person may have died by
1077	1077	suicide;
1078	1078	(6) a person dies without having been attended by a
1079	1079	physician, and the local health officer or registrar required to
1080	1080	report the cause of death under Section 193.005, Health and Safety
1081	1081	Code, does not know the cause of death;
1082	1082	(7) a person dies while attended by a physician who is
1083	1083	unable to certify with certainty the cause of death as required by
1084	1084	Section 193.004, Health and Safety Code; and
1085	1085	(8) the person is a child younger than six years of age
1086	1086	and an inquest is required by Chapter 264, Family Code.
1087	1087	(b) When a medical examiner or an employee of the medical
1088	1088	examiner receives notice under Article 49A.110(c) of a death of a
1089	1089	person designated as a prospective organ donor for transplantation,
1090	1090	the medical examiner or the medical examiner's deputy shall conduct
1091	1091	an inquest on the person.
1092	1092	(c) The medical examiner, or the medical examiner's
1093	1093	authorized deputy, shall conduct an inquest required by Subsection
1094	1094	(a) in the county in which the medical examiner was appointed. The
1095	1095	inquest may be conducted with or without a jury. (Code Crim. Proc.,
1096	1096	Art. 49.25, Secs. 6(a) (part), 6a(b).)
1097	1097	Art. 49A.110. REQUIRED NOTICE TO MEDICAL EXAMINER OF
1098	1098	DEATHS. (a) A police officer, superintendent or general manager of
1099	1099	an institution, physician, or other person who becomes aware of a
1100	1100	person's death under circumstances described by Article 49A.109(a)
1101	1101	shall immediately report the death to the office of medical
1102	1102	examiner or the municipal or county police department. A report to
1103	1103	the municipal or county police department under this subsection
1104	1104	shall be immediately transmitted to the office of medical examiner.
1105	1105	(b) When a person dies under circumstances described by
1106	1106	Article 49A.109(a)(7), the attending physician, or the
1107	1107	superintendent or general manager of the institution in which the
1108	1108	person died, shall report the death to the medical examiner of the
1109	1109	county in which the death occurred and request an inquest.
1110	1110	(c) When a person designated as a prospective organ donor
1111	1111	for transplantation by a physician dies under circumstances
1112	1112	requiring the medical examiner of the county in which the death
1113	1113	occurred, or the medical examiner's authorized deputy, to conduct
1114	1114	an inquest, the administrative head of the facility in which the
1115	1115	transplantation is to be performed shall provide notice of the
1116	1116	death to the medical examiner or an employee of the medical
1117	1117	examiner.
1118	1118	(d) If a local health officer or registrar of vital
1119	1119	statistics who is required to certify a person's cause of death does
1120	1120	not know the cause of death, the officer or registrar shall provide
1121	1121	notice of the death to the medical examiner of the county in which
1122	1122	the death occurred and request an inquest. (Code Crim. Proc., Art.
1123	1123	49.25, Secs. 6(a) (part), 6a(a), 7(a).)
1124	1124	Art. 49A.111. AUTHORITY TO ADMINISTER OATHS AND TAKE
1125	1125	AFFIDAVITS DURING INQUEST. The medical examiner, or the medical
1126	1126	examiner's authorized deputy, may administer oaths and take
1127	1127	affidavits while conducting an inquest under this subchapter. (Code
1128	1128	Crim. Proc., Art. 49.25, Sec. 6(c) (part).)
1129	1129	Art. 49A.112. MEDICAL EXAMINER MUST AUTHORIZE REMOVAL OF
1130	1130	BODY; EXCEPTIONS. If a death occurs under circumstances described
1131	1131	by Article 49A.109(a), a person may not disturb or remove the body
1132	1132	from the position in which the body is found without authorization
1133	1133	from the medical examiner, or the medical examiner's authorized
1134	1134	deputy, except to:
1135	1135	(1) preserve the body from loss or destruction; or
1136	1136	(2) maintain the flow of traffic on a highway,
1137	1137	railroad, or airport. (Code Crim. Proc., Art. 49.25, Sec. 8.)
1138	1138	Art. 49A.113. AUTHORITY TO DISINTER BODY. The medical
1139	1139	examiner may cause a body to be disinterred for the purpose of an
1140	1140	inquest if an inquest should have been conducted on the body before
1141	1141	interment. (Code Crim. Proc., Art. 49.25, Sec. 10 (part).)
1142	1142	Art. 49A.114. WHEN AUTOPSIES REQUIRED; USE OF FACILITIES.
1143	1143	(a) The medical examiner, or the medical examiner's authorized
1144	1144	deputy, shall immediately perform an autopsy if:
1145	1145	(1) in the opinion of the medical examiner an autopsy
1146	1146	is necessary; or
1147	1147	(2) an autopsy is requested by the district attorney
1148	1148	or criminal district attorney or by the county attorney if there is
1149	1149	not a district attorney or criminal district attorney.
1150	1150	(b) A medical examiner is not required to perform an autopsy
1151	1151	on the body of a person whose death was caused by a communicable
1152	1152	disease during a public health disaster.
1153	1153	(c) In performing an autopsy, the medical examiner or the
1154	1154	medical examiner's authorized deputy may use a facility of a
1155	1155	municipal or county hospital in the county or any other facility
1156	1156	that is made available. (Code Crim. Proc., Art. 49.25, Secs. 9(a)
1157	1157	(part), 10 (part).)
1158	1158	Art. 49A.115. LIMITED AUTOPSY. If the medical examiner
1159	1159	considers a complete autopsy to be unnecessary to determine a
1160	1160	person's cause of death, the medical examiner may perform a limited
1161	1161	autopsy by taking blood samples or other samples of body fluids,
1162	1162	tissues, or organs, to determine the cause of death or whether a
1163	1163	crime has been committed. (Code Crim. Proc., Art. 49.25, Sec. 9(a)
1164	1164	(part).)
1165	1165	Art. 49A.116. UNIDENTIFIED BODY: TESTING, REPORTING, AND
1166	1166	DISPOSITION. (a) A person investigating an unidentified person's
1167	1167	death described by Article 49A.109(a)(3)(B) shall report the death
1168	1168	to the missing children and missing persons information
1169	1169	clearinghouse of the Department of Public Safety and the National
1170	1170	Crime Information Center not later than the 10th working day after
1171	1171	the date the investigation began.
1172	1172	(b) A person investigating an unidentified person's death
1173	1173	described by Article 49A.109(a)(3)(B), or the person's designee,
1174	1174	shall enter into the National Missing and Unidentified Persons
1175	1175	System information regarding all available identifying features of
1176	1176	the unidentified body, including fingerprints, dental records, any
1177	1177	unusual physical characteristics, and the clothing found on the
1178	1178	body, not later than the earlier of:
1179	1179	(1) the 10th working day after the date that one or
1180	1180	more identifying features of the unidentified body are determined;
1181	1181	or
1182	1182	(2) the 60th day after the date the investigation
1183	1183	began.
1184	1184	(c) If a deceased person's body is unidentified, the medical
1185	1185	examiner may authorize any investigative or laboratory test or
1186	1186	process required to determine the person's identity and cause of
1187	1187	death.
1188	1188	(d) To enable a timely and accurate identification of the
1189	1189	person, a medical examination on an unidentified person:
1190	1190	(1) must include:
1191	1191	(A) all available fingerprints and palm prints;
1192	1192	(B) dental charts and radiographs, including
1193	1193	x-rays, of the teeth;
1194	1194	(C) frontal and lateral facial photographs with
1195	1195	scale indicated;
1196	1196	(D) notation and photographs, with scale
1197	1197	indicated, of a significant scar, mark, tattoo, or item of clothing
1198	1198	or other personal effect found with or near the body;
1199	1199	(E) notation of any antemortem medical
1200	1200	condition;
1201	1201	(F) notation of any observation relevant to the
1202	1202	estimation of time of death; and
1203	1203	(G) precise documentation of the body's burial
1204	1204	location; and
1205	1205	(2) may include:
1206	1206	(A) full body radiographs, including x-rays; and
1207	1207	(B) hair specimens with roots.
1208	1208	(e) On discovering the body or body part of a deceased
1209	1209	person in the circumstances described by Article 49A.109(a)(3)(B),
1210	1210	the medical examiner may request aid in the examination of the body
1211	1211	or body part from a forensic anthropologist who holds a doctoral
1212	1212	degree in anthropology with an emphasis in physical
1213	1213	anthropology. The forensic anthropologist:
1214	1214	(1) shall attempt to establish:
1215	1215	(A) whether the body or body part is of a human or
1216	1216	animal;
1217	1217	(B) whether evidence of childbirth, injury, or
1218	1218	disease exists; and
1219	1219	(C) the sex, race, age, stature, and physical
1220	1220	anomalies of the body or body part; and
1221	1221	(2) may attempt to establish the cause, manner, and
1222	1222	time of death.
1223	1223	(f) A person may not cremate or direct the cremation of an
1224	1224	unidentified person's body under Article 49A.118. If the body is
1225	1225	buried, the investigating agency responsible for the burial shall
1226	1226	record and maintain for a period of at least 10 years all
1227	1227	information relating to the body and the burial location. (Code
1228	1228	Crim. Proc., Art. 49.25, Secs. 7(b), (d), 9(a) (part), (b), (c),
1229	1229	10b, 13.)
1230	1230	Art. 49A.117. DUTY TO TAKE CHARGE OF BODY IN ABSENCE OF NEXT
1231	1231	OF KIN OR LEGAL REPRESENTATIVE. In the absence of a next of kin or a
1232	1232	legal representative of the deceased person, the medical examiner,
1233	1233	or the medical examiner's authorized deputy, shall take charge of
1234	1234	the person's body and all property found with the body. (Code Crim.
1235	1235	Proc., Art. 49.25, Sec. 6(c) (part).)
1236	1236	Art. 49A.118. CREMATION. (a) A body on which an inquest is
1237	1237	authorized by this subchapter may not be cremated unless the body is
1238	1238	identified and:
1239	1239	(1) an autopsy was performed as provided by this
1240	1240	subchapter; or
1241	1241	(2) an autopsy was not necessary.
1242	1242	(b) Before a body may be cremated, the owner or operator of
1243	1243	the crematory shall demand, and the medical examiner of the county
1244	1244	in which the death occurred shall provide, a certificate that is
1245	1245	signed by the medical examiner and that shows:
1246	1246	(1) an autopsy was performed on the body; or
1247	1247	(2) an autopsy was not necessary.
1248	1248	(c) Before providing a certificate under Subsection (b),
1249	1249	the medical examiner shall determine whether, from all the
1250	1250	circumstances surrounding the death, an autopsy is necessary.
1251	1251	(d) The owner or operator of a crematory shall preserve a
1252	1252	certificate provided by a medical examiner under this article for a
1253	1253	period of two years after the cremation date for the body.
1254	1254	(e) An autopsy by the medical examiner is not required as a
1255	1255	prerequisite to cremation if the person's death was caused by:
1256	1256	(1) Asiatic cholera;
1257	1257	(2) bubonic plague;
1258	1258	(3) typhus fever; or
1259	1259	(4) smallpox. (Code Crim. Proc., Art. 49.25, Sec. 10
1260	1260	(part).)
1261	1261	Art. 49A.119. REPORTING CAUSE OF DEATH; KEEPING RECORDS;
1262	1262	ISSUING DEATH CERTIFICATES. (a) For each inquest conducted, the
1263	1263	medical examiner shall file with the district attorney or criminal
1264	1264	district attorney of the county in which the death occurred, or
1265	1265	shall file with the county attorney of that county if there is not a
1266	1266	district attorney or criminal district attorney, a report stating:
1267	1267	(1) if the cause of death is determined beyond a
1268	1268	reasonable doubt as a result of the inquest, the specific cause of
1269	1269	death; and
1270	1270	(2) on completion of an autopsy, if any, the detailed
1271	1271	findings of the autopsy.
1272	1272	(b) The medical examiner shall:
1273	1273	(1) keep full and complete records properly indexed
1274	1274	for each person whose death is investigated, which must include:
1275	1275	(A) the name, if known;
1276	1276	(B) the place where the body was found;
1277	1277	(C) the date;
1278	1278	(D) the cause and manner of death; and
1279	1279	(E) the full report and detailed findings of the
1280	1280	autopsy, if any; and
1281	1281	(2) issue a death certificate.
1282	1282	(c) In any case in which further investigation of a person's
1283	1283	death is advisable, the medical examiner shall promptly deliver
1284	1284	copies of all records to the proper district, county, or criminal
1285	1285	district attorney. (Code Crim. Proc., Art. 49.25, Secs. 9(a)
1286	1286	(part), 11(a) (part).)
1287	1287	Art. 49A.120. WITHHOLDING OF RECORDS NOT PERMITTED;
1288	1288	EXCEPTIONS. (a) Except as provided by Subsection (b) and subject
1289	1289	to a discretionary exception under Chapter 552, Government Code,
1290	1290	records described by Article 49A.119(b) may not be withheld.
1291	1291	(b) A photograph or x-ray of a body taken during an autopsy
1292	1292	is excepted from required public disclosure under Chapter 552,
1293	1293	Government Code, but is subject to disclosure:
1294	1294	(1) under a subpoena or under other law; or
1295	1295	(2) if the photograph or x-ray is of the body of a
1296	1296	person who died while in the custody of law enforcement.
1297	1297	(c) A governmental body, as defined by Section 552.003,
1298	1298	Government Code, may withhold a photograph or x-ray under
1299	1299	Subsection (b) without requesting a decision from the attorney
1300	1300	general under Subchapter G, Chapter 552, Government Code. This
1301	1301	subsection does not affect the disclosure of a photograph or x-ray
1302	1302	that is otherwise required by Subsection (b). (Code Crim. Proc.,
1303	1303	Art. 49.25, Secs. 11(a) (part), (b).)
1304	1304	Art. 49A.121. RELEASE OF CERTAIN RECORDS. (a) A medical
1305	1305	examiner may release a copy of an autopsy report of a deceased
1306	1306	person to an organ and tissue procurement organization, hospital,
1307	1307	or other covered entity, as defined by Section 181.001, Health and
1308	1308	Safety Code, that:
1309	1309	(1) treated the person before death; or
1310	1310	(2) procured an anatomical gift from the body of the
1311	1311	person.
1312	1312	(b) The release of a report under this article is not
1313	1313	considered a disclosure under Chapter 552, Government Code.
1314	1314	(c) A report obtained under this article is confidential and
1315	1315	not subject to disclosure under Chapter 552, Government Code.
1316	1316	(Code Crim. Proc., Art. 49.25, Sec. 11(c).)
1317	1317	Art. 49A.122. FEES. (a) Subject to Subsections (b) and
1318	1318	(c), a medical examiner may charge reasonable fees for services
1319	1319	provided by the medical examiner's office under this subchapter and
1320	1320	Article 49A.251, including cremation approvals, court testimonies,
1321	1321	consultations, and depositions.
1322	1322	(b) The commissioners court must approve the amount of the
1323	1323	fee described by Subsection (a) before the fee may be assessed. The
1324	1324	fee may not exceed the amount necessary to provide the services
1325	1325	described by that subsection.
1326	1326	(c) The fee described by Subsection (a) may not be assessed
1327	1327	against the county's district attorney or a county office. (Code
1328	1328	Crim. Proc., Art. 49.25, Sec. 13A.)
1329	1329	Art. 49A.123. GENERAL CRIMINAL OFFENSE. (a) A person
1330	1330	commits an offense if the person knowingly violates this
1331	1331	subchapter.
1332	1332	(b) An offense under this article is a Class B misdemeanor.
1333	1333	(Code Crim. Proc., Art. 49.25, Sec. 14.)
1334	1334	SUBCHAPTER D. INVESTIGATIONS AND REPORTS OF CERTAIN DEATHS BY
1335	1335	OTHER OFFICIALS
1336	1336	Art. 49A.151. COUNTY SERVED BY JUSTICE OF THE PEACE: NOTICE
1337	1337	AND REPORT OF DEATH OCCURRING IN INSTITUTION. (a) For the purposes
1338	1338	of this article, "institution" does not include a hospital.
1339	1339	(b) A superintendent or general manager of an institution
1340	1340	who is required by Article 49A.053 to report to a justice of the
1341	1341	peace the death of a person under the care, custody, or control of
1342	1342	or residing in the institution shall:
1343	1343	(1) within 24 hours after the death of a person, notify
1344	1344	the office of the attorney general of the person's death; and
1345	1345	(2) within 72 hours after the death of a person,
1346	1346	prepare and submit to the office of the attorney general a report
1347	1347	containing all facts relevant to the person's death.
1348	1348	(c) The superintendent or general manager shall make a good
1349	1349	faith effort to obtain all facts relevant to a person's death and to
1350	1350	include those facts in the report submitted under Subsection
1351	1351	(b)(2).
1352	1352	(d) The office of the attorney general may investigate each
1353	1353	death reported to the office by an institution that receives
1354	1354	payments through the medical assistance program under Chapter 32,
1355	1355	Human Resources Code.
1356	1356	(e) Subject to Subsection (f), the office of the attorney
1357	1357	general shall make a report submitted under Subsection (b)(2)
1358	1358	available to any interested person who submits a written request
1359	1359	for access to the report.
1360	1360	(f) The office of the attorney general may deny a person
1361	1361	access to the report or part of the report if the office determines
1362	1362	that the report or part of the report is:
1363	1363	(1) privileged from discovery; or
1364	1364	(2) exempt from required public disclosure under
1365	1365	Chapter 552, Government Code. (Code Crim. Proc., Arts. 49.24(a),
1366	1366	(b), (c), (d), (e), (g).)
1367	1367	Art. 49A.152. COUNTY SERVED BY MEDICAL EXAMINER: NOTICE AND
1368	1368	REPORT OF DEATH OCCURRING IN INSTITUTION; OFFENSE. (a) A
1369	1369	superintendent or general manager of an institution who reports a
1370	1370	death that occurred under circumstances described by Article
1371	1371	49A.109(a) to a medical examiner's office or a municipal or county
1372	1372	police department must comply with the notice and reporting
1373	1373	requirements of Article 49A.151.
1374	1374	(b) The office of the attorney general has the same powers
1375	1375	and duties provided to the office under Article 49A.151 regarding
1376	1376	the dissemination and investigation of the report.
1377	1377	(c) A person commits an offense if the person knowingly
1378	1378	violates this article. An offense under this subsection is a Class B
1379	1379	misdemeanor. (Code Crim. Proc., Art. 49.25, Secs. 7(c), 14.)
1380	1380	Art. 49A.153. COUNTY SERVED BY JUSTICE OF THE PEACE:
1381	1381	INVESTIGATION AND REPORT OF DEATH OCCURRING WHILE CONFINED OR IN
1382	1382	PEACE OFFICER CUSTODY. (a) In this article:
1383	1383	(1) "Correctional facility" means a confinement
1384	1384	facility or halfway house operated by or under contract with the
1385	1385	Texas Department of Criminal Justice.
1386	1386	(2) "In the custody of a peace officer" means:
1387	1387	(A) under arrest by a peace officer; or
1388	1388	(B) under the physical control or restraint of a
1389	1389	peace officer.
1390	1390	(3) "State juvenile facility" means any facility or
1391	1391	halfway house:
1392	1392	(A) operated by or under contract with the Texas
1393	1393	Juvenile Justice Department; or
1394	1394	(B) described by Section 51.02(13) or (14),
1395	1395	Family Code.
1396	1396	(b) This article applies to the inquest into a death
1397	1397	occurring in a county described by Article 49A.051.
1398	1398	(c) If a person dies while in the custody of a peace officer
1399	1399	or as a result of a peace officer's use of force or if a person
1400	1400	confined in a jail, correctional facility, or state juvenile
1401	1401	facility dies, the director of the law enforcement agency of which
1402	1402	the officer is a member or of the facility in which the person was
1403	1403	confined shall:
1404	1404	(1) not later than the 30th day after the date on which
1405	1405	the person died, investigate the death and file a written report of
1406	1406	the cause of death with the attorney general; and
1407	1407	(2) make a good faith effort to obtain all facts
1408	1408	relevant to the death and include those facts in the report
1409	1409	described by Subdivision (1).
1410	1410	(d) The attorney general shall make the report available to
1411	1411	any interested person but may exclude any part of the report that
1412	1412	the attorney general determines is privileged.
1413	1413	(e) Subsections (c) and (d) do not apply if a person's death
1414	1414	occurs under circumstances described by Section 501.055(b)(2),
1415	1415	Government Code, in a facility operated by or under contract with
1416	1416	the Texas Department of Criminal Justice. (Code Crim. Proc., Arts.
1417	1417	49.02, 49.18(b), (c) (part), (d).)
1418	1418	SUBCHAPTER E. INFORMED CONSENT FOR POSTMORTEM EXAMINATION OR
1419	1419	AUTOPSY IN ALL COUNTIES
1420	1420	Art. 49A.201. APPLICABILITY. This subchapter does not
1421	1421	apply to an autopsy that:
1422	1422	(1) is ordered by the Texas Department of Criminal
1423	1423	Justice or an authorized official of the department in accordance
1424	1424	with Section 501.055(d), Government Code; or
1425	1425	(2) a justice of the peace or medical examiner
1426	1426	determines is required under this chapter or other law. (Code Crim.
1427	1427	Proc., Art. 49.31.)
1428	1428	Art. 49A.202. INFORMED CONSENT TO POSTMORTEM EXAMINATION OR
1429	1429	AUTOPSY REQUIRED. (a) Except as provided by Subsection (b), a
1430	1430	physician may not perform, or assist in the performance of, a
1431	1431	postmortem examination or autopsy on the body of a deceased person
1432	1432	unless the physician obtains the written informed consent of a
1433	1433	person authorized to provide consent under Article 49A.203. The
1434	1434	consent must be provided on the form prescribed under Article
1435	1435	49A.204.
1436	1436	(b) If, after exercising due diligence, a physician is
1437	1437	unable to identify or contact a person authorized under Article
1438	1438	49A.203 to give consent to a postmortem examination or autopsy on
1439	1439	the body of a deceased person, the physician may perform the
1440	1440	examination or autopsy. The physician must:
1441	1441	(1) be authorized by a medical examiner, justice of
1442	1442	the peace, or county judge, as appropriate, to perform the
1443	1443	postmortem examination or autopsy; and
1444	1444	(2) perform the postmortem examination or autopsy not
1445	1445	less than 24 hours and not more than 48 hours from the time:
1446	1446	(A) of the deceased person's death; or
1447	1447	(B) the physician or other person took possession
1448	1448	of the body. (Code Crim. Proc., Art. 49.32.)
1449	1449	Art. 49A.203. PERSONS AUTHORIZED TO CONSENT TO POSTMORTEM
1450	1450	EXAMINATION OR AUTOPSY. (a) Subject to Subsections (b) and (c),
1451	1451	consent for a postmortem examination or autopsy may be given by any
1452	1452	member of the following classes of persons who is reasonably
1453	1453	available, in the following order of priority:
1454	1454	(1) the spouse of the decedent;
1455	1455	(2) the person acting as guardian of the person of the
1456	1456	decedent at the time of death or the executor or administrator of
1457	1457	the decedent's estate;
1458	1458	(3) the adult children of the decedent;
1459	1459	(4) the parents of the decedent; and
1460	1460	(5) the adult siblings of the decedent.
1461	1461	(b) If two or more members of a class listed in Subsection
1462	1462	(a)(2), (3), (4), or (5) are entitled to give consent to a
1463	1463	postmortem examination or autopsy, consent may be given by one
1464	1464	member of the class unless another member of the class files an
1465	1465	objection with the physician, medical examiner, justice of the
1466	1466	peace, or county judge. If an objection is filed, the consent may
1467	1467	be given only by a majority of the members of the class who are
1468	1468	reasonably available.
1469	1469	(c) A person may not give consent under this article if, at
1470	1470	the time of the decedent's death, a person in a class granted higher
1471	1471	priority under Subsection (a) is reasonably available to give
1472	1472	consent or to file an objection to a postmortem examination or
1473	1473	autopsy. (Code Crim. Proc., Art. 49.33.)
1474	1474	Art. 49A.204. POSTMORTEM EXAMINATION OR AUTOPSY CONSENT
1475	1475	FORM. The commissioner of state health services, in consultation
1476	1476	with the Texas Medical Board, shall prescribe a standard written
1477	1477	consent form for a postmortem examination or autopsy. The form
1478	1478	must:
1479	1479	(1) include the name of the institution and the
1480	1480	department of the institution that will perform the examination or
1481	1481	autopsy;
1482	1482	(2) include a statement that the removal from the
1483	1483	deceased person's body and retention by the physician of organs,
1484	1484	fluids, prosthetic devices, or tissue may be required for purposes
1485	1485	of comprehensive evaluation or accurate determination of a cause of
1486	1486	death;
1487	1487	(3) provide the family of the deceased person with an
1488	1488	opportunity to place restrictions or special limitations on the
1489	1489	examination or autopsy;
1490	1490	(4) include a separate section regarding the
1491	1491	disposition of organs, fluids, prosthetic devices, or tissue after
1492	1492	the examination or autopsy, including a prioritized list of the
1493	1493	persons authorized to control that disposition, as provided by
1494	1494	Chapter 692A, Health and Safety Code;
1495	1495	(5) provide for documented and witnessed consent;
1496	1496	(6) allow authorization for the release of the
1497	1497	deceased person's remains to a funeral home or individual
1498	1498	designated by the person giving consent for the postmortem
1499	1499	examination or autopsy;
1500	1500	(7) include information regarding the rights
1501	1501	described by Article 49A.205;
1502	1502	(8) list the circumstances under which a medical
1503	1503	examiner is required by law to conduct an inquest or autopsy under
1504	1504	Subchapter C;
1505	1505	(9) include a statement that the form is required by
1506	1506	state law; and
1507	1507	(10) be written in plain language designed to be
1508	1508	easily understood by the average person. (Code Crim. Proc., Art.
1509	1509	49.34.)
1510	1510	Art. 49A.205. RIGHT TO NONAFFILIATED PHYSICIAN REVIEWING OR
1511	1511	PERFORMING AUTOPSY. (a) A person authorized to consent to a
1512	1512	postmortem examination or autopsy of a decedent under Article
1513	1513	49A.203 may request that a physician who is not affiliated with the
1514	1514	institution where the death occurred:
1515	1515	(1) perform the postmortem examination or autopsy at
1516	1516	another institution; or
1517	1517	(2) review the postmortem examination or autopsy
1518	1518	conducted by a physician affiliated with the institution where the
1519	1519	death occurred.
1520	1520	(b) A representative of the institution shall inform the
1521	1521	person described by Subsection (a) of the person's right to request
1522	1522	the performance or review of a postmortem examination or autopsy by
1523	1523	a nonaffiliated physician under Subsection (a) before the person
1524	1524	consents to the postmortem examination or autopsy.
1525	1525	(c) A person who requests a nonaffiliated physician to
1526	1526	perform or review a postmortem examination or autopsy shall bear
1527	1527	the additional costs incurred as a result of the nonaffiliated
1528	1528	physician's performance or review of the examination or autopsy
1529	1529	under Subsection (a). (Code Crim. Proc., Art. 49.35.)
1530	1530	SUBCHAPTER F. MISCELLANEOUS PROVISIONS APPLICABLE IN ALL COUNTIES
1531	1531	Art. 49A.251. WAITING PERIOD BEFORE CREMATION; OFFENSE.
1532	1532	(a) The body of a deceased person may not be cremated within 48
1533	1533	hours after the time of death as indicated on the death certificate,
1534	1534	unless:
1535	1535	(1) the death certificate indicates death was caused
1536	1536	by:
1537	1537	(A) Asiatic cholera;
1538	1538	(B) bubonic plague;
1539	1539	(C) typhus fever; or
1540	1540	(D) smallpox; or
1541	1541	(2) the time requirement is waived in writing by the
1542	1542	medical examiner or, in counties not having a medical examiner, a
1543	1543	justice of the peace.
1544	1544	(b) In a public health disaster, the Department of State
1545	1545	Health Services may designate additional communicable diseases for
1546	1546	which cremation within 48 hours after the time of death is
1547	1547	authorized.
1548	1548	(c) A person commits an offense if the person knowingly
1549	1549	violates this article. An offense under this subsection is a Class
1550	1550	B misdemeanor. (Code Crim. Proc., Art. 49.25, Secs. 10a, 14.)
1551	1551	Art. 49A.252. RIGHT OF PARENT OF DECEASED PERSON TO VIEW
1552	1552	PERSON'S BODY. (a) In this article, "parent" has the meaning
1553	1553	assigned by Section 160.102, Family Code.
1554	1554	(b) Except as otherwise provided by this article, a parent
1555	1555	of a deceased person is entitled to view the person's body before a
1556	1556	justice of the peace or the medical examiner, as applicable, for the
1557	1557	county in which the death occurred assumes control over the body
1558	1558	under Subchapter B or C, as applicable. If the person's death
1559	1559	occurred at a hospital or other health care facility, the parent may
1560	1560	view the body at the hospital or facility.
1561	1561	(c) A parent of a deceased person may not view the person's
1562	1562	body after the justice of the peace or medical examiner described by
1563	1563	Subsection (b) assumes control over the body unless the parent
1564	1564	first obtains the consent of the justice of the peace or medical
1565	1565	examiner or a person acting on behalf of the justice of the peace or
1566	1566	medical examiner.
1567	1567	(d) A parent may view the body of a deceased person under
1568	1568	this article whose death is determined to be subject to an inquest
1569	1569	under Article 49A.053 or 49A.109, as applicable, provided that the
1570	1570	viewing is supervised by:
1571	1571	(1) if law enforcement has assumed control over the
1572	1572	body at the time of the viewing, an appropriate peace officer or,
1573	1573	with the officer's consent, a person described by Subdivision (2)
1574	1574	or (3);
1575	1575	(2) a physician, registered nurse, or licensed
1576	1576	vocational nurse; or
1577	1577	(3) the justice of the peace or medical examiner or a
1578	1578	person acting on behalf of the justice of the peace or medical
1579	1579	examiner.
1580	1580	(e) During a viewing under this article, a parent of a
1581	1581	deceased person whose death is determined to be subject to an
1582	1582	inquest under Article 49A.053 or 49A.109 may not have contact with
1583	1583	the person's body unless the parent first obtains the consent of the
1584	1584	justice of the peace or medical examiner or a person acting on
1585	1585	behalf of the justice of the peace or medical examiner.
1586	1586	(f) During a viewing under this article, a person may not
1587	1587	remove a medical device from or otherwise alter the condition of the
1588	1588	body of a deceased person whose death is determined to be subject to
1589	1589	an inquest under Article 49A.053 or 49A.109 for purposes of
1590	1590	conducting the viewing unless the person first obtains the consent
1591	1591	of the justice of the peace or medical examiner or a person acting
1592	1592	on behalf of the justice of the peace or medical examiner. (Code Crim. Proc., Arts. 49.51, 49.52.)
1593	1593	CHAPTER 50A. FIRE INQUESTS
1594	1594	Art. 50A.001. FIRES REQUIRING INQUEST
1595	1595	Art. 50A.002. FIRE INQUEST PROCEEDINGS GOVERNED BY
1596	1596	LAWS RELATING TO DEATH INQUESTS;
1597	1597	POWERS OF INVESTIGATOR
1598	1598	Art. 50A.003. WITNESS TESTIMONY
1599	1599	Art. 50A.004. JURY VERDICT IN FIRE INQUEST
1600	1600	Art. 50A.005. WITNESSES BOUND OVER
1601	1601	Art. 50A.006. ISSUANCE OF ARREST WARRANT
1602	1602	Art. 50A.007. INQUEST RESULT REPORTED TO DISTRICT
1603	1603	COURT
1604	1604	Art. 50A.008. COMPENSATION FOR OFFICERS AND JURY
1605	1605	CHAPTER 50A. FIRE INQUESTS
1606	1606	Art. 50A.001. FIRES REQUIRING INQUEST. A justice of the
1607	1607	peace shall conduct a fire inquest if a credible person makes an
1608	1608	affidavit before the justice of the peace that there is reason to
1609	1609	believe a building has been unlawfully set or attempted to be set on
1610	1610	fire. (Code Crim. Proc., Art. 50.01.)
1611	1611	Art. 50A.002. FIRE INQUEST PROCEEDINGS GOVERNED BY LAWS
1612	1612	RELATING TO DEATH INQUESTS; POWERS OF INVESTIGATOR. (a) Except as
1613	1613	otherwise provided by this chapter, a fire inquest proceeding under
1614	1614	this chapter is governed by the laws relating to death inquests
1615	1615	under Chapter 49A.
1616	1616	(b) An officer conducting a fire inquest under this chapter
1617	1617	has the same powers as a justice of the peace under Chapter 49A.
1618	1618	(Code Crim. Proc., Art. 50.02; New.)
1619	1619	Art. 50A.003. WITNESS TESTIMONY. The testimony of each
1620	1620	witness examined before a jury in a fire inquest under this chapter
1621	1621	shall be:
1622	1622	(1) reduced to writing by or under the direction of the
1623	1623	justice of the peace; and
1624	1624	(2) signed by the witness. (Code Crim. Proc., Art.
1625	1625	50.06 (part).)
1626	1626	Art. 50A.004. JURY VERDICT IN FIRE INQUEST. (a) After
1627	1627	inspecting the location that is the subject of a fire inquest and
1628	1628	hearing the testimony, a jury in the inquest shall deliver to the
1629	1629	justice of the peace conducting the inquest the jury's written
1630	1630	signed verdict, in which the jury shall find and certify:
1631	1631	(1) how and in what manner the fire occurred or was
1632	1632	attempted to be set and all other circumstances attending the fire
1633	1633	or attempted fire; and
1634	1634	(2) the person guilty of setting or attempting to set
1635	1635	the fire, and the manner of the person's guilt.
1636	1636	(b) If the jury is unable to make a determination under
1637	1637	Subsection (a)(1) or (2), the jury shall find and certify
1638	1638	accordingly. (Code Crim. Proc., Art. 50.03.)
1639	1639	Art. 50A.005. WITNESSES BOUND OVER. If the jury finds that
1640	1640	a building has been unlawfully set or attempted to be set on fire,
1641	1641	the justice of the peace conducting the fire inquest shall bind over
1642	1642	each witness to appear and testify before the next grand jury of the
1643	1643	county in which the offense was committed. (Code Crim. Proc., Art.
1644	1644	50.04.)
1645	1645	Art. 50A.006. ISSUANCE OF ARREST WARRANT. If a person
1646	1646	charged with the offense described by Article 50A.005 is not in
1647	1647	custody, the justice of the peace conducting the fire inquest shall
1648	1648	issue a warrant for the person's arrest. (Code Crim. Proc., Art.
1649	1649	50.05.)
1650	1650	Art. 50A.007. INQUEST RESULT REPORTED TO DISTRICT COURT.
1651	1651	(a) The justice of the peace conducting the inquest shall certify
1652	1652	the testimony described by Article 50A.003, the verdict, and all
1653	1653	bail bonds taken in the case.
1654	1654	(b) The justice of the peace shall return the items
1655	1655	described by Subsection (a) to the next district or criminal
1656	1656	district court of the justice's county. (Code Crim. Proc., Art.
1657	1657	50.06 (part).)
1658	1658	Art. 50A.008. COMPENSATION FOR OFFICERS AND JURY. The
1659	1659	amount and manner of compensation for the officers and jury members
1660	1660	performing a fire inquest under this chapter shall, to the extent
1661	1661	applicable, be the same as that allowed for an inquest conducted
1662	1662	under Chapter 49A. (Code Crim. Proc., Art. 50.07.)
1663	1663	ARTICLE 2. CONFORMING AMENDMENTS
1664	1664	SECTION 2.01. Articles 2A.202(b) and (c), Code of Criminal
1665	1665	Procedure, are amended to read as follows:
1666	1666	(b) A peace officer who investigates the alleged commission
1667	1667	of an offense to which Subsection (a) applies shall prepare a
1668	1668	written report that includes the information required under Article
1669	1669	5A.009(a) [5.05(a)].
1670	1670	(c) On request of a victim of an offense to which Subsection
1671	1671	(a) applies, the local law enforcement agency responsible for
1672	1672	investigating the commission of the offense shall provide to the
1673	1673	victim, at no cost to the victim, any information contained in the
1674	1674	written report prepared under Subsection (b) that is:
1675	1675	(1) described by Article 5A.009(a)(1) or (2)
1676	1676	[5.05(a)(1) or (2)]; and
1677	1677	(2) not exempt from disclosure under Chapter 552,
1678	1678	Government Code, or other law.
1679	1679	SECTION 2.02. Article 63.056(a), Code of Criminal
1680	1680	Procedure, is amended to read as follows:
1681	1681	(a) A physician acting on the request of a justice of the
1682	1682	peace under Subchapter B [A], Chapter 49A [49], a county coroner, a
1683	1683	county medical examiner, or other law enforcement entity, as
1684	1684	appropriate, shall collect samples from unidentified human
1685	1685	remains. The justice of the peace, coroner, medical examiner, or
1686	1686	other law enforcement entity shall submit those samples to the
1687	1687	center for forensic DNA analysis and inclusion of the results in the
1688	1688	DNA database.
1689	1689	SECTION 2.03. Section 81.007(c), Family Code, is amended to
1690	1690	read as follows:
1691	1691	(c) The prosecuting attorney shall comply with Articles
1692	1692	5A.011, 5A.012, and 5A.013 [Article 5.06], Code of Criminal
1693	1693	Procedure, in filing an application under this subtitle.
1694	1694	SECTION 2.04. Section 264.501(1), Family Code, is amended
1695	1695	to read as follows:
1696	1696	(1) "Autopsy" and "inquest" have the meanings assigned
1697	1697	by Article 49A.001 [49.01], Code of Criminal Procedure.
1698	1698	SECTION 2.05. Section 264.514(a), Family Code, is amended
1699	1699	to read as follows:
1700	1700	(a) A medical examiner or justice of the peace notified of a
1701	1701	death of a child under Section 264.513 shall hold an inquest under
1702	1702	Chapter 49A [49], Code of Criminal Procedure, to determine whether
1703	1703	the death is unexpected or the result of abuse or neglect. An
1704	1704	inquest is not required under this subchapter if the child's death
1705	1705	is expected and is due to a congenital or neoplastic disease. A
1706	1706	death caused by an infectious disease may be considered an expected
1707	1707	death if:
1708	1708	(1) the disease was not acquired as a result of trauma
1709	1709	or poisoning;
1710	1710	(2) the infectious organism is identified using
1711	1711	standard medical procedures; and
1712	1712	(3) the death is not reportable to the Department of
1713	1713	State Health Services under Chapter 81, Health and Safety Code.
1714	1714	SECTION 2.06. Section 27.0545(a), Government Code, is
1715	1715	amended to read as follows:
1716	1716	(a) If a justice of the peace or the county judge of a county
1717	1717	to which Subchapter B [A], Chapter 49A [49], Code of Criminal
1718	1718	Procedure, applies is not available to conduct an inquest into a
1719	1719	person's death occurring in the county, the justice of the peace of
1720	1720	the precinct in which the death occurred or the county judge may
1721	1721	request a justice of the peace of another county to which that
1722	1722	subchapter applies to conduct the inquest.
1723	1723	SECTION 2.07. Section 501.055(d), Government Code, is
1724	1724	amended to read as follows:
1725	1725	(d) If the next of kin consents to the autopsy or does not
1726	1726	within eight hours of the time of death file an objection with the
1727	1727	department about the autopsy, the department or an authorized
1728	1728	official of the department shall order an autopsy to be conducted on
1729	1729	the inmate. The order of an autopsy under this subsection
1730	1730	constitutes consent to an autopsy for the purposes of Article
1731	1731	49A.202 [49.32], Code of Criminal Procedure.
1732	1732	SECTION 2.08. Section 552.108(h)(2), Government Code, is
1733	1733	amended to read as follows:
1734	1734	(2) "Medical examiner's report" means a report and the
1735	1735	contents of such a report created by a medical examiner under
1736	1736	Subchapter C, Chapter 49A [Article 49.25], Code of Criminal
1737	1737	Procedure, including an autopsy report and toxicology report. The
1738	1738	term does not include a photograph or medical image contained in a
1739	1739	report.
1740	1740	SECTION 2.09. Section 81.045(c), Health and Safety Code, is
1741	1741	amended to read as follows:
1742	1742	(c) A justice of the peace acting as coroner or a county
1743	1743	medical examiner in the course of an inquest under Chapter 49A [49],
1744	1744	Code of Criminal Procedure, who finds that a person's cause of death
1745	1745	was a reportable disease or other communicable disease that the
1746	1746	coroner or medical examiner believes may be a threat to the public
1747	1747	health shall immediately notify the health authority of the
1748	1748	jurisdiction in which the finding is made or the department.
1749	1749	SECTION 2.10. Section 88.006(d), Health and Safety Code, is
1750	1750	amended to read as follows:
1751	1751	(d) A justice of the peace acting as coroner or a medical
1752	1752	examiner in the course of an inquest under Chapter 49A [49], Code of
1753	1753	Criminal Procedure, who finds that a child's cause of death was lead
1754	1754	poisoning that resulted from exposure to a dangerous level of lead
1755	1755	that the justice of the peace or medical examiner believes may be a
1756	1756	threat to the public health shall immediately notify the health
1757	1757	authority or the regional director in the jurisdiction in which the
1758	1758	finding is made.
1759	1759	SECTION 2.11. Sections 193.0025(a) and (b), Health and
1760	1760	Safety Code, are amended to read as follows:
1761	1761	(a) This section applies only to a county:
1762	1762	(1) with an office of medical examiner established in
1763	1763	accordance with [Section 1,] Article 49A.101 [49.25], Code of
1764	1764	Criminal Procedure; and
1765	1765	(2) for which the commissioners court of the county by
1766	1766	resolution elects for this section to apply.
1767	1767	(b) This section does not apply to a county that entered
1768	1768	into an agreement with another county to create a medical examiners
1769	1769	district under [Section 1-a,] Article 49A.102 [49.25], Code of
1770	1770	Criminal Procedure, unless:
1771	1771	(1) the office of medical examiner is located in the
1772	1772	county and the county has adopted a resolution described by
1773	1773	Subsection (a)(2); or
1774	1774	(2) notwithstanding Subsection (a), the county elects
1775	1775	for this section to apply in the agreement creating the district.
1776	1776	SECTION 2.12. Sections 193.005(d) and (e), Health and
1777	1777	Safety Code, are amended to read as follows:
1778	1778	(d) If a death or fetal death occurs without medical
1779	1779	attendance or is otherwise subject to Chapter 49A [49], Code of
1780	1780	Criminal Procedure, the person required to file the death or fetal
1781	1781	death certificate shall notify the appropriate authority of the
1782	1782	death.
1783	1783	(e) A person conducting an inquest required by Chapter 49A
1784	1784	[49], Code of Criminal Procedure, shall:
1785	1785	(1) complete the medical certification not later than
1786	1786	five days after receiving the death or fetal death certificate; and
1787	1787	(2) state on the medical certification the disease
1788	1788	that caused the death or, if the death was from external causes, the
1789	1789	means of death and whether the death was probably accidental,
1790	1790	suicidal, or homicidal, and any other information required by the
1791	1791	state registrar to properly classify the death.
1792	1792	SECTION 2.13. Section 672.001(2), Health and Safety Code,
1793	1793	is amended to read as follows:
1794	1794	(2) "Autopsy" and "inquest" have the meanings assigned
1795	1795	by Article 49A.001 [49.01], Code of Criminal Procedure.
1796	1796	SECTION 2.14. Section 672.013(a), Health and Safety Code,
1797	1797	is amended to read as follows:
1798	1798	(a) A medical examiner or justice of the peace notified of a
1799	1799	death under Section 672.012 may hold an inquest under Chapter 49A
1800	1800	[49], Code of Criminal Procedure, to determine whether the death
1801	1801	was caused by suicide, family violence, or abuse.
1802	1802	SECTION 2.15. Sections 711.004(f) and (f-1), Health and
1803	1803	Safety Code, are amended to read as follows:
1804	1804	(f) Except as is authorized for a justice of the peace
1805	1805	acting as coroner or medical examiner under Chapter 49A [49], Code
1806	1806	of Criminal Procedure, remains may not be removed from a cemetery
1807	1807	except on the written order of the state registrar or the state
1808	1808	registrar's designee. The cemetery organization shall keep a
1809	1809	duplicate copy of the order as part of its records. The Texas
1810	1810	Funeral Service Commission may adopt rules to implement this
1811	1811	subsection.
1812	1812	(f-1) For unmarked graves contained within an abandoned,
1813	1813	unknown, or unverified cemetery, a justice of the peace acting as
1814	1814	coroner or medical examiner under Chapter 49A [49], Code of
1815	1815	Criminal Procedure, or a person described by Section 711.0105(a)
1816	1816	may investigate or remove remains without written order of the
1817	1817	state registrar or the state registrar's designee.
1818	1818	SECTION 2.16. Section 1001.241(b), Health and Safety Code,
1819	1819	is amended to read as follows:
1820	1820	(b) The information provided under Subsection (a) must
1821	1821	include guidelines for:
1822	1822	(1) determining when a comprehensive toxicology
1823	1823	screening should be performed on a person whose death was related to
1824	1824	pregnancy;
1825	1825	(2) determining when a death should be reported to or
1826	1826	investigated by a medical examiner or justice of the peace under
1827	1827	Chapter 49A [49], Code of Criminal Procedure; and
1828	1828	(3) correctly completing the death certificate of a
1829	1829	person whose death was related to pregnancy.
1830	1830	SECTION 2.17. Section 42.0448, Human Resources Code, is
1831	1831	amended to read as follows:
1832	1832	Sec. 42.0448. NOTIFICATION OF FAMILY VIOLENCE CALLS. The
1833	1833	department shall notify a child-placing agency or a
1834	1834	continuum-of-care residential operation that includes a
1835	1835	child-placing agency of each family violence report the department
1836	1836	receives under Article 5A.009 [5.05], Code of Criminal Procedure,
1837	1837	that:
1838	1838	(1) occurred at an agency foster home; or
1839	1839	(2) involves a person who resides at an agency foster
1840	1840	home.
1841	1841	SECTION 2.18. Section 42.0449, Human Resources Code, is
1842	1842	amended to read as follows:
1843	1843	Sec. 42.0449. REQUIRED ACTIONS AFTER NOTICE OF FAMILY
1844	1844	VIOLENCE CALL. The executive commissioner shall adopt rules
1845	1845	specifying the actions that the department, a child-placing agency,
1846	1846	and a continuum-of-care residential operation that includes a
1847	1847	child-placing agency shall take after receiving notice of a family
1848	1848	violence report under Article 5A.009 [5.05], Code of Criminal
1849	1849	Procedure, or Section 42.0448 to ensure the health, safety, and
1850	1850	welfare of each child residing in the verified agency foster home.
1851	1851	SECTION 2.19. Section 651.456, Occupations Code, is amended
1852	1852	to read as follows:
1853	1853	Sec. 651.456. UNETHICAL CONDUCT REGARDING CUSTODY OF DEAD
1854	1854	HUMAN BODY. A person violates this chapter if the person:
1855	1855	(1) takes custody of a dead human body without the
1856	1856	permission of:
1857	1857	(A) the person or the agent of the person
1858	1858	authorized to make funeral arrangements for the deceased; or
1859	1859	(B) a medical examiner or a justice of the peace
1860	1860	who has jurisdiction over the body under Subchapter B, Chapter 49A
1861	1861	[Articles 49.02-49.05], Code of Criminal Procedure;
1862	1862	(2) refuses to promptly surrender a dead human body to
1863	1863	a person or agent authorized to make funeral arrangements for the
1864	1864	deceased; or
1865	1865	(3) violates any state law governing the
1866	1866	transportation, storage, refrigeration, inurnment, interment, or
1867	1867	disinterment of a dead human body.
1868	1868	SECTION 2.20. Section 38.19(a), Penal Code, is amended to
1869	1869	read as follows:
1870	1870	(a) A superintendent or general manager of an institution
1871	1871	commits an offense if, as required by Article 49A.151 [49.24] or
1872	1872	49A.152 [49.25], Code of Criminal Procedure, the person fails to:
1873	1873	(1) provide notice of the death of an individual under
1874	1874	the care, custody, or control of or residing in the institution;
1875	1875	(2) submit a report on the death of the individual; or
1876	1876	(3) include in the report material facts known or
1877	1877	discovered by the person at the time the report was filed.
1878	1878	SECTION 2.21. Section 39.05(a), Penal Code, is amended to
1879	1879	read as follows:
1880	1880	(a) A person commits an offense if the person is required to
1881	1881	conduct an investigation and file a report by Article 49A.153
1882	1882	[49.18], Code of Criminal Procedure, and the person fails to
1883	1883	investigate the death, fails to file the report as required, or
1884	1884	fails to include in a filed report facts known or discovered in the
1885	1885	investigation.
1886	1886	SECTION 2.22. Sections 547.751(a) and (c), Transportation
1887	1887	Code, are amended to read as follows:
1888	1888	(a) In this section, "medical examiner vehicle" means a
1889	1889	motor vehicle that is owned or leased by a governmental entity for
1890	1890	use by a medical examiner or an employee of an office of a medical
1891	1891	examiner in the performance of the examiner's or employee's duties
1892	1892	relating to an inquest conducted under Subchapter C [B], Chapter
1893	1893	49A [49], Code of Criminal Procedure.
1894	1894	(c) The operator of a medical examiner vehicle may use the
1895	1895	lighting equipment described by Subsection (b) only when:
1896	1896	(1) necessary to warn other vehicle operators or
1897	1897	pedestrians of the approach of the medical examiner vehicle; and
1898	1898	(2) operating the vehicle in the course and scope of
1899	1899	the operator's duties relating to an inquest conducted under
1900	1900	Subchapter C [B], Chapter 49A [49], Code of Criminal Procedure.
1901	1901	SECTION 2.23. Section 547.752, Transportation Code, is
1902	1902	amended to read as follows:
1903	1903	Sec. 547.752. ADDITIONAL LIGHTING EQUIPMENT AUTHORIZED FOR
1904	1904	VEHICLES OPERATED BY JUSTICES OF THE PEACE IN CERTAIN
1905	1905	CIRCUMSTANCES. (a) A vehicle operated by a justice of the peace in
1906	1906	the course and scope of the justice's duties as a coroner under
1907	1907	Subchapter B [A], Chapter 49A [49], Code of Criminal Procedure, may
1908	1908	be equipped with either:
1909	1909	(1) mounted signal lamps that comply with the
1910	1910	requirements of Section 547.702(c); or
1911	1911	(2) a signal lamp that is temporarily attached to the
1912	1912	vehicle roof and flashes red and blue lights visible at a distance
1913	1913	of at least 500 feet in normal sunlight.
1914	1914	(b) A justice of the peace may use the lighting equipment
1915	1915	described by Subsection (a) only when:
1916	1916	(1) necessary to warn other vehicle operators or
1917	1917	pedestrians of the approach of a vehicle operated by a justice of
1918	1918	the peace; and
1919	1919	(2) operating the vehicle in the course and scope of
1920	1920	the justice's duties relating to an inquest conducted under
1921	1921	Subchapter B [A], Chapter 49A [49], Code of Criminal Procedure.
1922	1922	ARTICLE 3. REPEALER
1923	1923	SECTION 3.01. Chapters 5, 9, 49, and 50, Code of Criminal
1924	1924	Procedure, are repealed.
1925	1925	ARTICLE 4. GENERAL MATTERS
1926	1926	SECTION 4.01. This Act is enacted under Section 43, Article
1927	1927	III, Texas Constitution. This Act is intended as a codification
1928	1928	only, and no substantive change in the law is intended by this Act.
1929	1929	SECTION 4.02. (a) Chapter 311, Government Code (Code
1930	1930	Construction Act), applies to the construction of each provision in
1931	1931	the Code of Criminal Procedure that is enacted under Section 43,
1932	1932	Article III, Texas Constitution (authorizing the continuing
1933	1933	statutory revision program), in the same manner as to a code enacted
1934	1934	under the continuing statutory revision program, except as
1935	1935	otherwise expressly provided by the Code of Criminal Procedure.
1936	1936	(b) A reference in a law to a statute or a part of a statute
1937	1937	in the Code of Criminal Procedure enacted under Section 43, Article
1938	1938	III, Texas Constitution (authorizing the continuing statutory
1939	1939	revision program), is considered to be a reference to the part of
1940	1940	that code that revises that statute or part of that statute.
1941	1941	SECTION 4.03. This Act takes effect April 1, 2025.