89R12545 JCG-D
By: Leach H.B. No. 1610
A BILL TO BE ENTITLED
AN ACT
relating to the nonsubstantive revision of certain provisions of
the Code of Criminal Procedure, including conforming amendments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. NONSUBSTANTIVE REVISION OF CERTAIN PROVISIONS OF THE
CODE OF CRIMINAL PROCEDURE
SECTION 1.01. Title 1, Code of Criminal Procedure, is amended by adding Chapters 5A, 9A, 49A, and 50A to read as follows:
TITLE 1. CODE OF CRIMINAL PROCEDURE
CHAPTER 5A. PREVENTING, INVESTIGATING, AND PROSECUTING FAMILY
VIOLENCE
Art. 5A.001. LEGISLATIVE STATEMENT
Art. 5A.002. DEFINITIONS
Art. 5A.003. PRIMARY DUTIES OF PEACE OFFICER
INVESTIGATING FAMILY VIOLENCE
Art. 5A.004. NO WAIVER OR EXCEPTION CREATED BY FAMILY
OR HOUSEHOLD RELATIONSHIP
Art. 5A.005. FOSTER HOME ADDRESS INQUIRY
Art. 5A.006. REQUIRED NOTICE FOR ADULT VICTIM
Art. 5A.007. PEACE OFFICER ACCESS TO AND ACCEPTANCE OF
PROTECTIVE ORDERS
Art. 5A.008. STANDBY ASSISTANCE; LIABILITY
Art. 5A.009. REQUIRED REPORTS
Art. 5A.010. ACCESS TO RECORDS
Art. 5A.011. PROSECUTOR'S NOTICE OF RESPONSIBILITY FOR
FILING APPLICATIONS FOR PROTECTIVE
ORDERS
Art. 5A.012. PROSECUTOR'S FILING OF PROTECTIVE ORDER:
PROHIBITED CONSIDERATION; AUTHORITY TO
REQUIRE INFORMATION
Art. 5A.013. DELAY OR DISMISSAL OF PROSECUTION BASED
ON STATUS OF CERTAIN CIVIL PROCEEDINGS
PROHIBITED
Art. 5A.014. REFERRAL TO MEDIATION, ARBITRATION,
DISPUTE RESOLUTION, OR SIMILAR
PROCEDURE PROHIBITED IN CRIMINAL
PROSECUTION
TITLE 1. CODE OF CRIMINAL PROCEDURE
CHAPTER 5A. PREVENTING, INVESTIGATING, AND PROSECUTING FAMILY
VIOLENCE
Art. 5A.001. LEGISLATIVE STATEMENT. (a) Family violence
is a serious danger and threat to society and its members. Victims
of family violence are entitled to the maximum protection as
permitted by law from harm or abuse or the threat of harm or abuse.
(b) In any law enforcement, prosecutorial, or judicial
response to an allegation of family violence, the responding peace
or judicial officer shall protect the victim without regard to the
relationship between the alleged offender and victim. (Code Crim.
Proc., Art. 5.01.)
Art. 5A.002. DEFINITIONS. In this chapter, "family,"
"family violence," "household," and "member of a household" have
the meanings assigned by Chapter 71, Family Code. (Code Crim.
Proc., Art. 5.02.)
Art. 5A.003. PRIMARY DUTIES OF PEACE OFFICER INVESTIGATING
FAMILY VIOLENCE. The primary duties of a peace officer who
investigates a family violence allegation or who responds to a
disturbance call that may involve family violence are to:
(1) protect any potential victim of family violence;
(2) enforce the law of this state;
(3) enforce a protective order from another
jurisdiction as provided by Chapter 88, Family Code; and
(4) make lawful arrests of violators. (Code Crim.
Proc., Art. 5.04(a).)
Art. 5A.004. NO WAIVER OR EXCEPTION CREATED BY FAMILY OR
HOUSEHOLD RELATIONSHIP. (a) A general duty prescribed for an
officer by Chapter 2A is not waived or excepted in any family
violence case or investigation because of a family or household
relationship between an alleged violator and a victim of family
violence.
(b) A peace officer's or magistrate's duty to prevent the
commission of a criminal offense, including an act of family
violence, is not waived or excepted because of a family or household
relationship between a potential violator and victim. (Code Crim.
Proc., Art. 5.03.)
Art. 5A.005. FOSTER HOME ADDRESS INQUIRY. A peace officer
who investigates a family violence allegation or who responds to a
disturbance call that may involve family violence shall determine
whether the address of a person involved in the allegation or call
matches the address of a licensed foster home or verified agency
foster home listed in the Texas Crime Information Center. (Code
Crim. Proc., Art. 5.04(a-1).)
Art. 5A.006. REQUIRED NOTICE FOR ADULT VICTIM. (a) A peace
officer who investigates a family violence allegation or who
responds to a disturbance call that may involve family violence
shall advise any possible adult victim of all reasonable means to
prevent further family violence, including by providing the written
notice adopted by the Health and Human Services Commission under
Section 51A.003, Human Resources Code.
(b) In addition to the required notice under Subsection (a),
a peace officer may provide to the possible victim any available
written information regarding local resources for victims of family
violence. (Code Crim. Proc., Art. 5.04(b).)
Art. 5A.007. PEACE OFFICER ACCESS TO AND ACCEPTANCE OF
PROTECTIVE ORDERS. (a) To ensure that a peace officer responding
to a disturbance call is aware of the existence and terms of any
protective order, each municipal police department and sheriff
shall establish procedures within the department or sheriff's
office to provide peace officers adequate information or access to
information regarding the names of:
(1) persons protected by a protective order; and
(2) persons to whom protective orders are directed.
(b) Each peace officer shall accept a certified copy of an
original or modified protective order as proof of the validity of
the order, and the order is presumed valid unless:
(1) the order contains a termination date that has
passed;
(2) more than one year has elapsed after the date the
order was issued; or
(3) the peace officer has been notified by the clerk of
the court vacating the order that the order has been vacated. (Code
Crim. Proc., Arts. 5.05(c), (d).)
Art. 5A.008. STANDBY ASSISTANCE; LIABILITY. (a) In a peace
officer's discretion, the officer may stay with a victim of family
violence to protect the victim and allow the victim to take the
personal property of the victim or of a child in the care of the
victim to a place of safety in an orderly manner.
(b) A peace officer who provides assistance under
Subsection (a) is not:
(1) civilly liable for an act or omission of the
officer that arises in connection with providing the assistance or
determining whether to provide the assistance; or
(2) civilly or criminally liable for the wrongful
appropriation of any personal property by the victim. (Code Crim.
Proc., Art. 5.045.)
Art. 5A.009. REQUIRED REPORTS. (a) A peace officer who
investigates a family violence incident or who responds to a
disturbance call that may involve family violence shall make a
written report that includes:
(1) the names of the suspect and complainant;
(2) the date, time, and location of the incident;
(3) any visible or reported injuries;
(4) a description of the incident and a statement of
its disposition; and
(5) whether the suspect is a member of the state
military forces or is serving in the armed forces of the United
States in an active-duty status.
(b) If a suspect is identified as being a member of the
military, as described by Subsection (a)(5), the peace officer
shall provide written notice of the incident or disturbance call to
the staff judge advocate at Joint Force Headquarters or the provost
marshal of the military installation to which the suspect is
assigned with the intent that the commanding officer will be
notified, as applicable.
(c) In addition to the written report required under
Subsection (a), a peace officer who investigates a family violence
incident or who responds to a disturbance call that may involve
family violence shall make a report to the Department of Family and
Protective Services if the location of the incident or call, or the
known address of a person involved in the incident or call, matches
the address of a licensed foster home or a verified agency foster
home as listed in the Texas Crime Information Center. The report
under this subsection may be made orally or electronically and
must:
(1) include the information required by Subsection
(a); and
(2) be filed with the Department of Family and
Protective Services within 24 hours of the beginning of the
investigation or receipt of the disturbance call.
(d) A peace officer who makes a report under Subsection (a)
shall provide information concerning the incident or disturbance to
the bureau of identification and records of the Department of
Public Safety for its recordkeeping function under Section 411.042,
Government Code. The bureau shall prescribe the form and nature of
the information required to be reported to the bureau by this
subsection. (Code Crim. Proc., Arts. 5.05(a), (a-1), (a-2), (e).)
Art. 5A.010. ACCESS TO RECORDS. (a) Each local law
enforcement agency shall establish a departmental code for
identifying and retrieving a written report made under Article
5A.009(a).
(b) A district or county attorney with jurisdiction in the
county where the law enforcement agency maintains records under
this article or Article 5A.009(a) is entitled to access to the
records.
(c) The Department of Family and Protective Services is
entitled to access to the records described by Subsection (b)
relating to any person who is 14 years of age or older and who
resides in a licensed foster home or a verified agency foster home.
(d) On request of a victim of an incident of family
violence, the local law enforcement agency responsible for
investigating the incident shall provide the victim, at no cost to
the victim, with any information that is:
(1) described by Article 5A.009(a)(1) or (2); and
(2) not exempt from disclosure under Chapter 552,
Government Code, or other law. (Code Crim. Proc., Arts. 5.05(b),
(f).)
Art. 5A.011. PROSECUTOR'S NOTICE OF RESPONSIBILITY FOR
FILING APPLICATIONS FOR PROTECTIVE ORDERS. The prosecuting
attorney who has responsibility under Section 81.007, Family Code,
for filing an application for a protective order under Title 4,
Family Code, shall provide notice of that responsibility to all law
enforcement agencies within the jurisdiction of the prosecuting
attorney. (Code Crim. Proc., Art. 5.06(c).)
Art. 5A.012. PROSECUTOR'S FILING OF PROTECTIVE ORDER:
PROHIBITED CONSIDERATION; AUTHORITY TO REQUIRE INFORMATION. A
prosecuting attorney's decision to file an application for a
protective order under Title 4, Family Code, should be made without
regard to whether a criminal complaint has been filed by the
applicant. A prosecuting attorney may require the applicant to
provide to a local law enforcement agency information relating to
the facts alleged in the application for an offense report. (Code
Crim. Proc., Art. 5.06(b).)
Art. 5A.013. DELAY OR DISMISSAL OF PROSECUTION BASED ON
STATUS OF CERTAIN CIVIL PROCEEDINGS PROHIBITED. A prosecuting
attorney or a court may not:
(1) dismiss or delay any criminal proceeding that
involves a prosecution for an offense that constitutes family
violence because a civil proceeding is pending or not pending; or
(2) require proof that a complaining witness, victim,
or defendant is a party to a suit for the dissolution of a marriage
or a suit affecting the parent-child relationship before presenting
a criminal allegation to a grand jury, filing an information, or
otherwise proceeding with the prosecution of a criminal case.
(Code Crim. Proc., Art. 5.06(a).)
Art. 5A.014. REFERRAL TO MEDIATION, ARBITRATION, DISPUTE
RESOLUTION, OR SIMILAR PROCEDURE PROHIBITED IN CRIMINAL
PROSECUTION. Notwithstanding Article 26.13(g) or 42A.301(b)(14),
in a criminal prosecution arising from family violence a court may
not refer or order the victim or the defendant involved to
mediation, arbitration, dispute resolution, or another similar procedure. (Code Crim. Proc., Art. 5.08.)
CHAPTER 9A. TRADE, BUSINESS, OR OCCUPATION INJURIOUS TO PUBLIC
HEALTH
Art. 9A.001. ORDER REGARDING INJURIOUS TRADE,
BUSINESS, OR OCCUPATION
Art. 9A.002. PERMANENT RESTRAINT AND BOND ON
CONVICTION
Art. 9A.003. BOND REQUIREMENTS
Art. 9A.004. CONSEQUENCE OF REFUSAL TO EXECUTE BOND
Art. 9A.005. ACTION FOR BREACH OF BOND
Art. 9A.006. SEIZURE AND DESTRUCTION OF UNWHOLESOME
FOOD OR ADULTERATED MEDICINE
CHAPTER 9A. TRADE, BUSINESS, OR OCCUPATION INJURIOUS TO PUBLIC
HEALTH
Art. 9A.001. ORDER REGARDING INJURIOUS TRADE, BUSINESS, OR
OCCUPATION. After an indictment or information has been presented
against a person for carrying on a trade, business, or occupation
injurious to the health of persons in the neighborhood, the court in
which the indictment or information is pending may issue an order:
(1) on the application of an interested person and
after hearing proof for and against the defendant, restraining the
defendant from carrying on the trade, business, or occupation
subject to a penalty the court considers proper; or
(2) regarding the manner and place of carrying on the
trade, business, or occupation as the court considers advisable.
(Code Crim. Proc., Art. 9.01 (part); New.)
Art. 9A.002. PERMANENT RESTRAINT AND BOND ON CONVICTION.
On conviction of the defendant at trial:
(1) the order restraining the defendant issued under
Article 9A.001 shall be made permanent; and
(2) the defendant shall be required to execute a bond
with security conditioned on the defendant not continuing, to the
detriment of the health of any neighborhood in the county where the
defendant carried on the trade, business, or occupation, the trade,
business, or occupation for which the defendant was convicted.
(Code Crim. Proc., Art. 9.01 (part); New.)
Art. 9A.003. BOND REQUIREMENTS. A bond executed under
Article 9A.002 shall:
(1) be payable to this state;
(2) be in a reasonable amount set by the court;
(3) specify the trade, business, or occupation for
which the defendant was convicted and the place where the defendant
carried on the trade, business, or occupation;
(4) be conditioned on the defendant not carrying on,
to the detriment of the health of any neighborhood in the county,
the specified trade, business, or occupation at the specified place
or any other place in the county;
(5) be signed and dated by the defendant and the
defendant's sureties; and
(6) be approved by and filed with the court. (Code
Crim. Proc., Art. 9.03; New.)
Art. 9A.004. CONSEQUENCE OF REFUSAL TO EXECUTE BOND. If a
defendant refuses to execute a bond when required under Article
9A.002, the court may:
(1) commit the defendant to jail; or
(2) issue an order requiring the sheriff to seize and
destroy the implements of or the goods and property used in
conducting the trade, business, or occupation for which the
defendant was convicted. (Code Crim. Proc., Art. 9.02.)
Art. 9A.005. ACTION FOR BREACH OF BOND. (a) The district
or county attorney may bring an action in the name of the state for
breach of a bond executed under Article 9A.002 within two years
after the date of the breach.
(b) Showing the defendant continued, after executing the
bond, to carry on the trade, business, or occupation for which the
bond was executed is sufficient proof of the defendant's breach of
the bond. The full amount of the bond may be recovered from the
defendant and the defendant's sureties.
(c) An action brought under this article is governed by the
same rules governing a civil action. (Code Crim. Proc., Arts. 9.04,
9.05.)
Art. 9A.006. SEIZURE AND DESTRUCTION OF UNWHOLESOME FOOD OR
ADULTERATED MEDICINE. After a defendant is convicted of selling
unwholesome food or adulterated medicine, the court shall issue an
order for the sheriff or other proper officer to seize and destroy
any unwholesome food or adulterated medicine that remains in the defendant's possession. (Code Crim. Proc., Art. 9.06.)
CHAPTER 49A. DEATH INQUESTS
SUBCHAPTER A. GENERAL PROVISIONS
Art. 49A.001. DEFINITIONS
Art. 49A.002. WHEN DECEASED PERSON OR BODY CONSIDERED
UNIDENTIFIED
SUBCHAPTER B. INQUESTS BY JUSTICE OF THE PEACE
Art. 49A.051. APPLICABILITY
Art. 49A.052. INDEPENDENT AUTHORITY AND DUTIES OF
JUSTICE OF THE PEACE
Art. 49A.053. DEATHS REQUIRING INQUEST
Art. 49A.054. REQUIRED NOTICE TO JUSTICE OF THE PEACE;
OFFENSE
Art. 49A.055. ALTERNATE OFFICIALS REQUIRED TO CONDUCT
INQUESTS; OFFENSE
Art. 49A.056. REQUIRED NOTICE OF DEATH IN PENAL
INSTITUTION
Art. 49A.057. AUTHORITY TO ACT ON CERTAIN INFORMATION
Art. 49A.058. TIME AND PLACE OF INQUEST
Art. 49A.059. OFFENSE: HINDERING AN INQUEST
Art. 49A.060. LIMITATIONS ON MOVING BODY AND PHYSICAL
SURROUNDINGS; OFFENSE
Art. 49A.061. AUTHORITY TO LOCK AND SEAL PREMISES OF
DECEASED PERSON; LIABILITY OF ESTATE
FOR EXPENSES; OFFENSE
Art. 49A.062. AUTHORITY TO DISINTER BODY
Art. 49A.063. AUTOPSIES
Art. 49A.064. TAKING SAMPLES; LIMITED AUTOPSIES
Art. 49A.065. CHEMICAL ANALYSES
Art. 49A.066. LIABILITY OF PERSON PERFORMING AUTOPSY
OR TEST
Art. 49A.067. UNIDENTIFIED BODY
Art. 49A.068. CREMATION; OFFENSE
Art. 49A.069. INQUEST HEARING; CONTEMPT
Art. 49A.070. OFFENSE: FAILING TO APPEAR AT INQUEST
HEARING
Art. 49A.071. INQUEST RECORD
Art. 49A.072. WARRANT OF ARREST
Art. 49A.073. COMMITMENT OF SUSPECT
Art. 49A.074. PRESERVATION OF EVIDENCE
Art. 49A.075. OFFICE OF DEATH INVESTIGATOR
Art. 49A.076. DUTY TO SIGN DEATH CERTIFICATES AND
INQUEST ORDERS
Art. 49A.077. AUTHORITY TO REOPEN INQUEST BASED ON
CERTAIN INFORMATION
SUBCHAPTER C. INQUESTS BY MEDICAL EXAMINER
Art. 49A.101. CREATION OF OFFICE REQUIRED IN CERTAIN
COUNTIES; AUTHORITY TO ESTABLISH
OFFICE
Art. 49A.102. CREATION OF MULTI-COUNTY MEDICAL
EXAMINERS DISTRICT; WITHDRAWAL
Art. 49A.103. INQUEST POWERS AND DUTIES OF JUSTICE OF
THE PEACE APPLY TO MEDICAL EXAMINER;
CONFLICT OF LAWS
Art. 49A.104. WHICH MEDICAL EXAMINER REQUIRED TO
CONDUCT INQUEST
Art. 49A.105. APPOINTMENT AND QUALIFICATION OF MEDICAL
EXAMINER
Art. 49A.106. EMPLOYEES
Art. 49A.107. SALARIES
Art. 49A.108. PROVISION OF OFFICE SPACE AND LABORATORY
FACILITIES
Art. 49A.109. DEATHS REQUIRING INQUEST BY MEDICAL
EXAMINER
Art. 49A.110. REQUIRED NOTICE TO MEDICAL EXAMINER OF
DEATHS
Art. 49A.111. AUTHORITY TO ADMINISTER OATHS AND TAKE
AFFIDAVITS DURING INQUEST
Art. 49A.112. MEDICAL EXAMINER MUST AUTHORIZE REMOVAL
OF BODY; EXCEPTIONS
Art. 49A.113. AUTHORITY TO DISINTER BODY
Art. 49A.114. WHEN AUTOPSIES REQUIRED; USE OF
FACILITIES
Art. 49A.115. LIMITED AUTOPSY
Art. 49A.116. UNIDENTIFIED BODY: TESTING, REPORTING,
AND DISPOSITION
Art. 49A.117. DUTY TO TAKE CHARGE OF BODY IN ABSENCE
OF NEXT OF KIN OR LEGAL REPRESENTATIVE
Art. 49A.118. CREMATION
Art. 49A.119. REPORTING CAUSE OF DEATH; KEEPING
RECORDS; ISSUING DEATH CERTIFICATES
Art. 49A.120. WITHHOLDING OF RECORDS NOT PERMITTED;
EXCEPTIONS
Art. 49A.121. RELEASE OF CERTAIN RECORDS
Art. 49A.122. FEES
Art. 49A.123. GENERAL CRIMINAL OFFENSE
SUBCHAPTER D. INVESTIGATIONS AND REPORTS OF CERTAIN DEATHS BY
OTHER OFFICIALS
Art. 49A.151. COUNTY SERVED BY JUSTICE OF THE PEACE:
NOTICE AND REPORT OF DEATH OCCURRING
IN INSTITUTION
Art. 49A.152. COUNTY SERVED BY MEDICAL EXAMINER:
NOTICE AND REPORT OF DEATH OCCURRING
IN INSTITUTION; OFFENSE
Art. 49A.153. COUNTY SERVED BY JUSTICE OF THE PEACE:
INVESTIGATION AND REPORT OF DEATH
OCCURRING WHILE CONFINED OR IN PEACE
OFFICER CUSTODY
SUBCHAPTER E. INFORMED CONSENT FOR POSTMORTEM EXAMINATION OR
AUTOPSY IN ALL COUNTIES
Art. 49A.201. APPLICABILITY
Art. 49A.202. INFORMED CONSENT TO POSTMORTEM
EXAMINATION OR AUTOPSY REQUIRED
Art. 49A.203. PERSONS AUTHORIZED TO CONSENT TO
POSTMORTEM EXAMINATION OR AUTOPSY
Art. 49A.204. POSTMORTEM EXAMINATION OR AUTOPSY
CONSENT FORM
Art. 49A.205. RIGHT TO NONAFFILIATED PHYSICIAN
REVIEWING OR PERFORMING AUTOPSY
SUBCHAPTER F. MISCELLANEOUS PROVISIONS APPLICABLE IN ALL COUNTIES
Art. 49A.251. WAITING PERIOD BEFORE CREMATION; OFFENSE
Art. 49A.252. RIGHT OF PARENT OF DECEASED PERSON TO
VIEW PERSON'S BODY
CHAPTER 49A. DEATH INQUESTS
SUBCHAPTER A. GENERAL PROVISIONS
Art. 49A.001. DEFINITIONS. In this chapter:
(1) "Autopsy" means a postmortem examination of the
body of a person, including x-rays and an examination of the
internal organs and structures after dissection, to determine the
cause of death or the nature of any pathological changes that may
have contributed to the death.
(2) "Inquest" means an investigation into the cause
and circumstances of the death of a person, and a determination,
made with or without a formal court hearing, regarding whether the
death was caused by an unlawful act or omission.
(3) "Inquest hearing" means a formal court hearing
held:
(A) to determine whether the death of a person
was caused by an unlawful act or omission; and
(B) if the death was caused by an unlawful act or
omission, to obtain evidence supporting a criminal prosecution.
(4) "Institution" means a place where health care
services are provided, including a hospital, clinic, health
facility, nursing home, extended care facility, outpatient
facility, foster care facility, and retirement home.
(5) "Physician" means a practicing doctor of medicine
or doctor of osteopathic medicine who is licensed by the Texas
Medical Board under Subtitle B, Title 3, Occupations Code. (Code
Crim. Proc., Art. 49.01(a).)
Art. 49A.002. WHEN DECEASED PERSON OR BODY CONSIDERED
UNIDENTIFIED. For purposes of this chapter, a deceased person or a
deceased person's body is considered unidentified if:
(1) the deceased person's legal name is unknown; and
(2) there is no known person with the duty to inter the
deceased person's remains under Section 711.002(a), Health and
Safety Code. (Code Crim. Proc., Art. 49.01(b).)
SUBCHAPTER B. INQUESTS BY JUSTICE OF THE PEACE
Art. 49A.051. APPLICABILITY. This subchapter applies to
the inquest into a person's death that occurs in a county that:
(1) does not have an office of medical examiner; and
(2) is not part of a medical examiner's district.
(Code Crim. Proc., Art. 49.02.)
Art. 49A.052. INDEPENDENT AUTHORITY AND DUTIES OF JUSTICE
OF THE PEACE. The powers granted to and duties imposed on a justice
of the peace under this subchapter are independent of the powers and
duties of a law enforcement agency investigating a person's death.
(Code Crim. Proc., Art. 49.03.)
Art. 49A.053. DEATHS REQUIRING INQUEST. (a) A justice of
the peace shall conduct an inquest into the death of a person who
dies in the county served by the justice if:
(1) the person dies in prison under circumstances
other than those described by Section 501.055(b), Government Code,
or in jail;
(2) the person dies an unnatural death from a cause
other than a legal execution;
(3) the body or a body part of a person is found and
either:
(A) the person is identified but the cause or
circumstances of death are unknown; or
(B) the person is unidentified, regardless of
whether the cause or circumstances of death are known;
(4) the circumstances of the death indicate that the
death may have been caused by unlawful means;
(5) the person dies by suicide or the circumstances of
the death indicate that the death may have been caused by suicide;
(6) the person dies without having been attended by a
physician;
(7) the person dies while attended by a physician who:
(A) is unable to certify the cause of death; and
(B) requests the justice to conduct an inquest;
or
(8) the person is a child younger than six years of age
and an inquest is required by Chapter 264, Family Code.
(b) Except as provided by Subsection (c), a physician who
attends the death of a person and is unable to certify the cause of
death shall report the death to the justice of the peace of the
precinct where the death occurred and request that the justice
conduct an inquest.
(c) If a person dies in an institution and an attending
physician is unable to certify the cause of death, the
superintendent or general manager of the institution shall report
the death to the justice of the peace of the precinct where the
institution is located. (Code Crim. Proc., Arts. 49.04(a), (b),
(c).)
Art. 49A.054. REQUIRED NOTICE TO JUSTICE OF THE PEACE;
OFFENSE. (a) A physician or other person who possesses a body or
body part of a person whose death requires an inquest under Article
49A.053 shall immediately notify the justice of the peace of the
precinct in which the body or body part was found.
(b) A peace officer who is notified of a death that requires
an inquest under Article 49A.053 shall immediately notify the
justice of the peace of the precinct in which the body or body part
was found.
(c) A person commits an offense if the person is required by
this article to give notice and intentionally or knowingly fails to
give the notice. An offense under this subsection is a Class C
misdemeanor. (Code Crim. Proc., Arts. 49.07(a), (b), (d).)
Art. 49A.055. ALTERNATE OFFICIALS REQUIRED TO CONDUCT
INQUESTS; OFFENSE. (a) If the justice of the peace of the precinct
in which the body or body part was found is not available to conduct
an inquest, a person required to give notice under Article 49A.054
shall notify the nearest available justice of the peace of the
county in which the body or body part was found, and that justice of
the peace shall conduct the inquest.
(b) If each justice of the peace of the county in which the
body or body part was found is not available to conduct an inquest,
a person required to give notice under Article 49A.054 shall notify
the county judge of that county, and the county judge shall initiate
the inquest. Subject to Subsection (d), the county judge may
exercise any power and perform any duty otherwise granted or
imposed under this subchapter to or on the justice of the peace of
the county in which the body or body part was found.
(c) This subsection applies only if each justice of the
peace of the county in which the body or body part was found and the
county judge of that county are not available to conduct an inquest.
A person required to give notice under Article 49A.054 may ask the
justice of the peace of the precinct in which the body or body part
was found or the county judge of that precinct's county to request a
justice of the peace of another county described by Article 49A.051
to initiate the inquest. All expenses related to the inquest must
be paid as provided by this chapter.
(d) A person who initiates an inquest under Subsection (b)
or (c) shall, not later than the fifth day after the date the
inquest is initiated, transfer all information obtained by the
person and related to the inquest to the justice of the peace of the
precinct in which the body or body part was found for final
disposition of the matter.
(e) A person commits an offense if the person is required by
this article to give notice and intentionally or knowingly fails to
give the notice. An offense under this subsection is a Class C
misdemeanor. (Code Crim. Proc., Arts. 49.07(c), (d).)
Art. 49A.056. REQUIRED NOTICE OF DEATH IN PENAL
INSTITUTION. (a) If a person confined in a penal institution dies,
the sheriff or other person in charge of the penal institution shall
as soon as practicable provide notice of the death to the justice of
the peace of the precinct in which the penal institution is located.
(b) This article does not apply to a death that occurs in a
facility operated by or under contract with the Texas Department of
Criminal Justice. (Code Crim. Proc., Arts. 49.18(a), (c) (part).)
Art. 49A.057. AUTHORITY TO ACT ON CERTAIN INFORMATION. A
justice of the peace conducting an inquest may act on:
(1) information the justice receives from a credible
person; or
(2) facts within the justice's knowledge. (Code Crim.
Proc., Art. 49.08.)
Art. 49A.058. TIME AND PLACE OF INQUEST. (a) A justice of
the peace shall conduct an inquest as soon as practicable after the
justice receives notice of the death.
(b) A justice of the peace may conduct an inquest:
(1) at the place where the death occurred;
(2) at the place where the body was found;
(3) by videoconference with a person who is:
(A) designated by the justice of the peace; and
(B) present with the body for a death described
by Article 49A.053(a)(6) or (7); or
(4) at any other place the justice determines is
reasonable. (Code Crim. Proc., Arts. 49.05(a), (b).)
Art. 49A.059. OFFENSE: HINDERING AN INQUEST. (a) A person
commits an offense if the person intentionally or knowingly hinders
the entrance of a justice of the peace to a premises where a death
occurred or a body was found.
(b) An offense under this article is a Class B misdemeanor.
(Code Crim. Proc., Art. 49.06.)
Art. 49A.060. LIMITATIONS ON MOVING BODY AND PHYSICAL
SURROUNDINGS; OFFENSE. (a) A justice of the peace may direct the
removal of a body from the place of death or move any part of the
physical surroundings of a body only after:
(1) a law enforcement agency is notified of the death
and a peace officer has conducted an investigation into the death;
or
(2) if a law enforcement agency has not begun an
investigation into the death, a reasonable period has elapsed from
the time the law enforcement agency was notified.
(b) A law enforcement agency that is notified of a death
requiring an inquest under Article 49A.053 shall begin its
investigation into the death as soon as practicable after the law
enforcement agency receives notice of the death.
(c) Except in emergency circumstances, a peace officer or
other person conducting a death investigation for a law enforcement
agency may not move the body or any part of the physical
surroundings of the place of death without authorization from a
justice of the peace.
(d) A person not authorized by law to move the body of a
deceased person or any part of the physical surroundings of the body
commits an offense if the person tampers with:
(1) a body that is subject to an inquest under Article
49A.053; or
(2) any part of the physical surroundings of the body
described by Subdivision (1).
(e) An offense under Subsection (d) is punishable by a fine
in an amount not to exceed $500. (Code Crim. Proc., Arts. 49.05(c),
(d), (e), (f).)
Art. 49A.061. AUTHORITY TO LOCK AND SEAL PREMISES OF
DECEASED PERSON; LIABILITY OF ESTATE FOR EXPENSES; OFFENSE. (a) If
a body or body part that is subject to an inquest under Article
49A.053 is found on premises that were under the sole control of the
deceased person, a justice of the peace or other person authorized
under this subchapter to conduct an inquest may direct that the
premises be locked and sealed to prohibit entrance by any person
other than a peace officer investigating the death.
(b) Rent, utility charges, taxes, and any other reasonable
expense that accrues against the property of the deceased person
during the period the premises of the deceased person are locked and
sealed under this article may be charged against the estate of the
deceased person.
(c) A person, other than a peace officer, commits an offense
if the person tampers with or removes a lock or seal placed on
premises under this article.
(d) An offense under this article is a Class B misdemeanor.
(Code Crim. Proc., Art. 49.22.)
Art. 49A.062. AUTHORITY TO DISINTER BODY. If a body or body
part subject to an inquest under Article 49A.053 is interred and an
authorized person has not conducted an inquest required under this
subchapter, a justice of the peace may direct the disinterment of
the body or body part to conduct an inquest. (Code Crim. Proc.,
Art. 49.09(a).)
Art. 49A.063. AUTOPSIES. (a) A justice of the peace may
obtain the opinion of a county health officer or a physician
regarding whether an autopsy is necessary to determine or confirm
the nature and cause of a death.
(b) Unless an autopsy is required under Subsection (c)(2),
for each body that is the subject of an inquest by a justice of the
peace, the justice shall, in the justice's discretion:
(1) direct a physician to perform an autopsy; or
(2) certify that an autopsy is not necessary.
(c) A justice of the peace shall order an autopsy to be
performed on a body if:
(1) the justice determines that an autopsy is
necessary to determine or confirm the nature and cause of death;
(2) the deceased person was a child younger than six
years of age and the death is determined under Section 264.514,
Family Code, to be unexpected or the result of abuse or neglect; or
(3) the district attorney, criminal district
attorney, or, if there is not a district or criminal district
attorney, the county attorney directs the justice to order the
autopsy.
(d) A justice of the peace shall request a physician to
perform the autopsy.
(e) A justice of the peace may not order a person to perform
an autopsy on the body of a deceased person whose death was caused
by:
(1) Asiatic cholera;
(2) bubonic plague;
(3) typhus fever;
(4) smallpox; or
(5) a communicable disease during a public health
disaster.
(f) If a person is injured in one county and dies in another
county as a result of that injury, the attorney representing the
state in the prosecution of felonies in the county in which the
injury occurred may request a justice of the peace of the county in
which the death occurred to order an autopsy to be performed on the
body of that person. If the justice of the peace orders the autopsy
to be performed, the county in which the person's injury occurred
shall reimburse the county in which the person's death occurred.
(g) The commissioners court of the county shall pay a
reasonable fee:
(1) to a physician performing an autopsy on the order
of a justice of the peace, if a fee is assessed;
(2) for an opinion obtained by a justice of the peace
under Subsection (a); and
(3) for the transportation of a body on the order of a
justice of the peace to a place where an autopsy may be performed
under this article or Article 49A.064. (Code Crim. Proc., Arts.
49.10(a), (b), (c), (d), (e), (f), (g), (h), (o).)
Art. 49A.064. TAKING SAMPLES; LIMITED AUTOPSIES. (a) If a
justice of the peace determines that a complete autopsy is
unnecessary to confirm or determine the cause of death, the justice
may order a physician to take or remove from a body a sample of body
fluids, tissues, or organs to determine the nature and cause of
death. Except as provided by Subsection (b), a justice may not
order a person other than a physician to take a sample from the body
of a deceased person.
(b) A justice of the peace may order a physician, qualified
technician, paramedic, chemist, registered nurse, or licensed
vocational nurse to take a specimen of blood from the body of a
person:
(1) who died as the result of a motor vehicle collision
if the justice determines that circumstances indicate that the
person may have been driving while intoxicated; or
(2) to aid in the confirmation or determination of the
cause and manner of the person's death while conducting an inquest.
(Code Crim. Proc., Arts. 49.10(i), (j).)
Art. 49A.065. CHEMICAL ANALYSES. (a) A justice of the
peace may obtain a chemical analysis of a sample taken from a body
to determine whether the death was caused, wholly or partly, by the
ingestion, injection, or introduction into the body of a poison or
other chemical substance. A justice may obtain a chemical analysis
under this subsection from a chemist, toxicologist, pathologist, or
other medical expert.
(b) A justice of the peace shall obtain a chemical analysis
under Subsection (a) if requested by the physician who performed an
autopsy on the body.
(c) The commissioners court shall pay a reasonable fee to a
person who conducts a chemical analysis at the request of a justice
of the peace. (Code Crim. Proc., Art. 49.11.)
Art. 49A.066. LIABILITY OF PERSON PERFORMING AUTOPSY OR
TEST. A person who performs an autopsy or a test on a body on the
order of a justice of the peace in the good faith belief that the
order is valid is not liable for damages if the order is invalid.
(Code Crim. Proc., Art. 49.12.)
Art. 49A.067. UNIDENTIFIED BODY. (a) A justice of the
peace investigating an unidentified person's death described by
Article 49A.053(a)(3)(B) shall report the death to the missing
children and missing persons information clearinghouse of the
Department of Public Safety and the National Crime Information
Center not later than the 10th working day after the date the
investigation began.
(b) A justice of the peace investigating an unidentified
person's death described by Article 49A.053(a)(3)(B), or the
justice's designee, shall enter into the National Missing and
Unidentified Persons System information regarding all available
identifying features of the unidentified body, including
fingerprints, dental records, any unusual physical
characteristics, and the clothing found on the body, not later than
the earlier of:
(1) the 10th working day after the date that one or
more identifying features of the unidentified body are determined;
or
(2) the 60th day after the date the investigation
began.
(c) A justice of the peace may order an investigative or
laboratory test to determine the identity of a deceased person.
After proper removal of a sample from a body, a justice may order a
person specially trained in identification work to complete any
test necessary to determine the identity of the deceased person.
(d) To enable the timely and accurate identification of the
person, a medical examination on an unidentified person:
(1) must include:
(A) all available fingerprints and palm prints;
(B) dental charts and radiographs, including
x-rays, of the teeth;
(C) frontal and lateral facial photographs with
scale indicated;
(D) notation and photographs, with scale
indicated, of a significant scar, mark, tattoo, or item of clothing
or other personal effect found with or near the body;
(E) notation of any antemortem medical
condition;
(F) notation of any observation relevant to the
estimation of time of death; and
(G) precise documentation of the body's burial
location; and
(2) may include:
(A) full body radiographs, including x-rays; and
(B) hair specimens with roots.
(e) On discovering the body or body part of a deceased
person in the circumstances described by Article 49A.053(a)(3)(B),
the justice of the peace may request aid in the examination of the
body or body part from a forensic anthropologist who holds a
doctoral degree in anthropology with an emphasis in physical
anthropology. The forensic anthropologist:
(1) shall attempt to establish:
(A) whether the body or body part is of a human or
animal;
(B) whether evidence of childbirth, injury, or
disease exists; and
(C) the sex, race, age, stature, and physical
anomalies of the body or body part; and
(2) may attempt to establish the cause, manner, and
time of death.
(f) A person may not cremate or direct the cremation of an
unidentified person's body under Article 49A.068(a). If the body is
buried, the justice of the peace shall record and maintain for a
period of at least 10 years all information relating to the body and
the burial location. (Code Crim. Proc., Arts. 49.04(d), (e),
49.09(e), 49.10(k), (l), (m), (n).)
Art. 49A.068. CREMATION; OFFENSE. (a) A person may not
cremate or direct the cremation of a body subject to an inquest
under Article 49A.053 unless:
(1) the body is identified; and
(2) the person has received from the justice of the
peace a certificate signed by the justice stating that:
(A) an autopsy was performed on the body under
Article 49A.063 or 49A.064; or
(B) no autopsy was necessary.
(b) An owner or operator of a crematory shall retain a
certificate received under Subsection (a) for a period of 10 years
after the cremation date for the body named on the certificate.
(c) A person commits an offense if the person cremates or
directs the cremation of a body without obtaining a certificate
from a justice of the peace as required by Subsection (a). An
offense under this subsection is a Class B misdemeanor. (Code Crim.
Proc., Arts. 49.09(b), (c), (d).)
Art. 49A.069. INQUEST HEARING; CONTEMPT. (a) A justice of
the peace conducting an inquest may hold an inquest hearing if the
justice determines that the circumstances warrant the hearing. The
justice shall hold an inquest hearing if requested by a district
attorney or a criminal district attorney of the county in which the
body was found.
(b) An inquest hearing may be held with or without a jury
unless the district attorney or criminal district attorney requests
a jury for the hearing.
(c) A jury in an inquest hearing is composed of six persons.
Jurors must be summoned in the same manner as jurors are summoned
for county court.
(d) A justice of the peace may hold a public or private
inquest hearing. If a person is arrested and charged with causing
the death of another, the person and the person's counsel are
entitled to be present at the inquest hearing, examine witnesses,
and introduce evidence.
(e) A justice of the peace may:
(1) issue a subpoena to enforce the attendance of a
witness at an inquest hearing;
(2) issue an attachment for a witness who is
subpoenaed and fails to appear at the time and place cited on the
subpoena; and
(3) require bail of a witness to secure the appearance
of the witness at an inquest hearing or before a grand jury,
examining court, or other court investigating a death.
(f) The justice of the peace shall:
(1) swear witnesses appearing at an inquest hearing;
(2) direct that all sworn testimony be reduced to
writing; and
(3) sign the transcription.
(g) Only the following persons may question a witness at an
inquest hearing:
(1) the justice of the peace;
(2) a person charged in the death under investigation
and the person's counsel; and
(3) the attorney representing the state.
(h) A justice of the peace may hold in contempt of court a
person who disrupts the proceedings of an inquest hearing. A peace
officer may remove from court a person who is held in contempt of
court under this subsection. The penalty for contempt of court
under this subsection is a fine in an amount not to exceed $100.
(Code Crim. Proc., Arts. 49.14(a), (b), (c) (part), (d), (e), (f),
(g) (part), (h), (i).)
Art. 49A.070. OFFENSE: FAILING TO APPEAR AT INQUEST
HEARING. (a) A juror who is properly summoned for an inquest
hearing under Article 49A.069(c) and fails to appear, other than a
juror exempted by law from jury service, commits an offense.
(b) An offense under this article is punishable by a fine
not to exceed $100. (Code Crim. Proc., Art. 49.14(c) (part).)
Art. 49A.071. INQUEST RECORD. (a) A justice of the peace
or other person authorized under this subchapter to conduct an
inquest shall make an inquest record for each inquest the justice or
person conducts. The inquest record must include:
(1) a report of the events, proceedings, findings, and
conclusions of the inquest;
(2) any autopsy report prepared in the case; and
(3) all other papers of the case.
(b) As part of the inquest record, the justice of the peace
shall make and keep a complete and permanent record of each inquest
hearing. The inquest hearing record must include:
(1) the name of the deceased person or, if the person
is unidentified, a description of the body;
(2) the time, date, and place where the body was found;
(3) the time, date, and place where the inquest was
held;
(4) the name of each witness who testified at the
inquest;
(5) the name of each person who provided to the justice
information relevant to the inquest;
(6) the amount of bail set for each witness and for
each person charged in the death;
(7) a transcript of the testimony given by each
witness at the inquest hearing;
(8) the autopsy report, if an autopsy was performed;
and
(9) the name of each person arrested as a suspect in
the death who appeared at the inquest and the details of that
person's arrest.
(c) All papers of the inquest record must be:
(1) marked with the case number;
(2) clearly indexed;
(3) maintained in the office of the justice of the
peace; and
(4) made available to the appropriate officials on
request.
(d) The commissioners court shall pay a reasonable fee to a
person who records or transcribes sworn testimony during an inquest
hearing. (Code Crim. Proc., Art. 49.15.)
Art. 49A.072. WARRANT OF ARREST. (a) A justice of the
peace who is conducting an inquest into a person's death under this
subchapter may issue a warrant for the arrest of a person suspected
of causing the death if:
(1) the justice has knowledge that the suspect caused
the death;
(2) the justice receives an affidavit stating that the
suspect caused the death; or
(3) evidence is adduced at an inquest hearing that
shows probable cause to believe the suspect caused the death.
(b) A peace officer who receives an arrest warrant issued by
a justice of the peace shall:
(1) execute the warrant immediately; and
(2) detain the arrested person until the arrested
person's discharge is ordered by the justice of the peace or other
proper authority.
(c) A person who is charged in a death and arrested under a
warrant issued by a justice of the peace shall remain in the custody
of the arresting peace officer. A warrant issued by another
magistrate is not sufficient authority to remove the arrested
person from the peace officer's custody.
(d) A person charged in a death who has not been arrested
under a warrant issued by a justice of the peace may be arrested on
the order of a magistrate other than the justice of the peace and
examined by that magistrate while an inquest is pending.
(e) A warrant of arrest issued under Subsection (a) is
sufficient if it:
(1) is issued in the name of "The State of Texas";
(2) specifies the name of the person whose arrest is
ordered or, if the person's name is unknown, reasonably describes
the person;
(3) recites in plain language the offense with which
the person is charged; and
(4) is signed and dated by a justice of the peace.
(Code Crim. Proc., Arts. 49.19, 49.20.)
Art. 49A.073. COMMITMENT OF SUSPECT. If a justice of the
peace finds at the conclusion of an inquest that a person who has
been arrested in the case caused or contributed to the death that is
the subject of the inquest, the justice may:
(1) commit the person to jail; or
(2) require the person to execute a bail bond with
security for the person's appearance before the proper court to
answer for the offense. (Code Crim. Proc., Art. 49.21.)
Art. 49A.074. PRESERVATION OF EVIDENCE. A justice of the
peace shall:
(1) preserve all tangible evidence that the justice
obtains in the course of an inquest that tends to identify the
person who caused the death that is the subject of the inquest or
show the actual cause of death; and
(2) deposit the evidence described by Subdivision (1)
with the appropriate law enforcement agency to be stored in the
agency's property room for safekeeping. (Code Crim. Proc., Art.
49.17.)
Art. 49A.075. OFFICE OF DEATH INVESTIGATOR. (a) The
commissioners court of a county may establish an office of death
investigator and employ one or more death investigators to assist a
person in the county who conducts an inquest. A death investigator
serves at the will of the commissioners court and on terms set by
the commissioners court.
(b) To be eligible for employment as a death investigator, a
person must have experience or training in investigative procedures
concerning the circumstances, manner, and cause of the death of a
person.
(c) At the request and under the supervision of a justice of
the peace or other person who conducts an inquest, a death
investigator may assist the person conducting the inquest to:
(1) investigate the time, place, and manner of death;
and
(2) lock and seal the premises of the deceased person.
(d) A death investigator who assists in an inquest under
Subsection (c) shall, not later than eight hours after the death
investigator completes the investigation, make a complete report of
the death investigator's activities, findings, and conclusions to
the justice of the peace or other person conducting the inquest.
(e) A death investigator employed under this article is
entitled to receive compensation from the county in an amount set by
the commissioners court. (Code Crim. Proc., Art. 49.23.)
Art. 49A.076. DUTY TO SIGN DEATH CERTIFICATES AND INQUEST
ORDERS. The justice of the peace or other person who conducts an
inquest under this subchapter shall sign the death certificate and
each order that the justice or other person makes as a necessary
part of the inquest. (Code Crim. Proc., Art. 49.16.)
Art. 49A.077. AUTHORITY TO REOPEN INQUEST BASED ON CERTAIN
INFORMATION. A justice of the peace may reopen an inquest if, based
on information provided by a credible person or facts within the
knowledge of the justice of the peace, the justice of the peace
determines that reopening the inquest may reveal a different cause
or different circumstances of death. (Code Crim. Proc., Art.
49.041.)
SUBCHAPTER C. INQUESTS BY MEDICAL EXAMINER
Art. 49A.101. CREATION OF OFFICE REQUIRED IN CERTAIN
COUNTIES; AUTHORITY TO ESTABLISH OFFICE. The commissioners court
of a county with a population of more than 2.5 million shall
establish and maintain an office of medical examiner. The
commissioners court of any other county may establish and maintain
an office of medical examiner. (Code Crim. Proc., Art. 49.25, Sec.
1 (part).)
Art. 49A.102. CREATION OF MULTI-COUNTY MEDICAL EXAMINERS
DISTRICT; WITHDRAWAL. (a) The commissioners courts of two or more
counties may enter into an agreement to create a medical examiners
district and to jointly operate and maintain an office of medical
examiner of the district. The district must include the entire area
of each county involved. The counties in the district must, when
taken together, form a continuous area.
(b) A medical examiners district may have only one medical
examiner. When a county becomes part of a medical examiners
district, the effect is the same within the county as if an office
of medical examiner had been established solely in that county.
(c) The district medical examiner has all the powers and
duties within the district that a medical examiner who serves in a
single county has within that county.
(d) The commissioners court of a county that is part of a
medical examiners district may withdraw the county from the
district if the court gives 12 months' notice of withdrawal to the
commissioners courts of all other counties in the district. (Code
Crim. Proc., Art. 49.25, Sec. 1-a.)
Art. 49A.103. INQUEST POWERS AND DUTIES OF JUSTICE OF THE
PEACE APPLY TO MEDICAL EXAMINER; CONFLICT OF LAWS. (a) When the
commissioners court of a county establishes an office of medical
examiner, all powers and duties of justices of the peace in that
county relating to a death investigation or an inquest transfer to
the office of medical examiner.
(b) A subsequent general law relating to a duty of a justice
of the peace in a death investigation or inquest applies to the
medical examiner in that county only to the extent that the law is
not inconsistent with this subchapter, Article 49A.152, or Article
49A.251, and those provisions prevail over a law or a part of law
that otherwise conflicts with those provisions. (Code Crim. Proc.,
Art. 49.25, Sec. 12.)
Art. 49A.104. WHICH MEDICAL EXAMINER REQUIRED TO CONDUCT
INQUEST. An inquest authorized and required by this subchapter
shall be conducted by the medical examiner of the county in which
the death subject to the inquest occurred. (Code Crim. Proc., Art.
49.25, Sec. 6(b).)
Art. 49A.105. APPOINTMENT AND QUALIFICATION OF MEDICAL
EXAMINER. (a) The commissioners court of a county that establishes
an office of medical examiner shall appoint the medical examiner. A
person appointed as the medical examiner must be:
(1) a physician licensed by the Texas Medical Board;
or
(2) a person who:
(A) is licensed and in good standing as a
physician in another state;
(B) has applied to the Texas Medical Board for a
license to practice medicine in this state; and
(C) has been granted a provisional license under
Section 155.101, Occupations Code.
(b) A medical examiner serves at the will of the
commissioners court that appointed the medical examiner.
(c) To the greatest extent possible, the commissioners
court shall appoint a medical examiner who has training and
experience in pathology, toxicology, histology, and other
medico-legal sciences. (Code Crim. Proc., Art. 49.25, Secs. 2(a),
(b).)
Art. 49A.106. EMPLOYEES. Subject to the approval of the
commissioners court, the medical examiner may employ deputy
examiners, scientific experts, trained technicians, officers, and
other employees as necessary to properly perform the duties imposed
on the medical examiner by this subchapter. (Code Crim. Proc., Art.
49.25, Sec. 3.)
Art. 49A.107. SALARIES. The commissioners court of a
county that establishes an office of medical examiner shall
establish and pay the salaries and compensations of the medical
examiner and the medical examiner's employees. (Code Crim. Proc.,
Art. 49.25, Sec. 4.)
Art. 49A.108. PROVISION OF OFFICE SPACE AND LABORATORY
FACILITIES. The commissioners court of a county that establishes
an office of medical examiner shall:
(1) provide the medical examiner and the medical
examiner's employees with adequate office space; and
(2) on request of the medical examiner, provide the
medical examiner and the medical examiner's employees with
laboratory facilities or make arrangements for the use of existing
laboratory facilities in the county. (Code Crim. Proc., Art. 49.25,
Sec. 5.)
Art. 49A.109. DEATHS REQUIRING INQUEST BY MEDICAL EXAMINER.
(a) A medical examiner, or a medical examiner's authorized deputy,
shall conduct an inquest if:
(1) a person dies within 24 hours after the person is
admitted to an institution or in prison or jail;
(2) a person:
(A) dies an unnatural death from a cause other
than a legal execution; or
(B) dies in the absence of a good witness;
(3) the body or a body part of a person is found and
either:
(A) the person is identified but the cause or
circumstances of death are unknown; or
(B) the person is unidentified, regardless of
whether the cause or circumstances of death are known;
(4) the circumstances of the death of a person
indicate that the person may have died by unlawful means;
(5) a person dies by suicide or the circumstances of
the person's death indicate that the person may have died by
suicide;
(6) a person dies without having been attended by a
physician, and the local health officer or registrar required to
report the cause of death under Section 193.005, Health and Safety
Code, does not know the cause of death;
(7) a person dies while attended by a physician who is
unable to certify with certainty the cause of death as required by
Section 193.004, Health and Safety Code; and
(8) the person is a child younger than six years of age
and an inquest is required by Chapter 264, Family Code.
(b) When a medical examiner or an employee of the medical
examiner receives notice under Article 49A.110(c) of a death of a
person designated as a prospective organ donor for transplantation,
the medical examiner or the medical examiner's deputy shall conduct
an inquest on the person.
(c) The medical examiner, or the medical examiner's
authorized deputy, shall conduct an inquest required by Subsection
(a) in the county in which the medical examiner was appointed. The
inquest may be conducted with or without a jury. (Code Crim. Proc.,
Art. 49.25, Secs. 6(a) (part), 6a(b).)
Art. 49A.110. REQUIRED NOTICE TO MEDICAL EXAMINER OF
DEATHS. (a) A police officer, superintendent or general manager of
an institution, physician, or other person who becomes aware of a
person's death under circumstances described by Article 49A.109(a)
shall immediately report the death to the office of medical
examiner or the municipal or county police department. A report to
the municipal or county police department under this subsection
shall be immediately transmitted to the office of medical examiner.
(b) When a person dies under circumstances described by
Article 49A.109(a)(7), the attending physician, or the
superintendent or general manager of the institution in which the
person died, shall report the death to the medical examiner of the
county in which the death occurred and request an inquest.
(c) When a person designated as a prospective organ donor
for transplantation by a physician dies under circumstances
requiring the medical examiner of the county in which the death
occurred, or the medical examiner's authorized deputy, to conduct
an inquest, the administrative head of the facility in which the
transplantation is to be performed shall provide notice of the
death to the medical examiner or an employee of the medical
examiner.
(d) If a local health officer or registrar of vital
statistics who is required to certify a person's cause of death does
not know the cause of death, the officer or registrar shall provide
notice of the death to the medical examiner of the county in which
the death occurred and request an inquest. (Code Crim. Proc., Art.
49.25, Secs. 6(a) (part), 6a(a), 7(a).)
Art. 49A.111. AUTHORITY TO ADMINISTER OATHS AND TAKE
AFFIDAVITS DURING INQUEST. The medical examiner, or the medical
examiner's authorized deputy, may administer oaths and take
affidavits while conducting an inquest under this subchapter. (Code
Crim. Proc., Art. 49.25, Sec. 6(c) (part).)
Art. 49A.112. MEDICAL EXAMINER MUST AUTHORIZE REMOVAL OF
BODY; EXCEPTIONS. If a death occurs under circumstances described
by Article 49A.109(a), a person may not disturb or remove the body
from the position in which the body is found without authorization
from the medical examiner, or the medical examiner's authorized
deputy, except to:
(1) preserve the body from loss or destruction; or
(2) maintain the flow of traffic on a highway,
railroad, or airport. (Code Crim. Proc., Art. 49.25, Sec. 8.)
Art. 49A.113. AUTHORITY TO DISINTER BODY. The medical
examiner may cause a body to be disinterred for the purpose of an
inquest if an inquest should have been conducted on the body before
interment. (Code Crim. Proc., Art. 49.25, Sec. 10 (part).)
Art. 49A.114. WHEN AUTOPSIES REQUIRED; USE OF FACILITIES.
(a) The medical examiner, or the medical examiner's authorized
deputy, shall immediately perform an autopsy if:
(1) in the opinion of the medical examiner an autopsy
is necessary; or
(2) an autopsy is requested by the district attorney
or criminal district attorney or by the county attorney if there is
not a district attorney or criminal district attorney.
(b) A medical examiner is not required to perform an autopsy
on the body of a person whose death was caused by a communicable
disease during a public health disaster.
(c) In performing an autopsy, the medical examiner or the
medical examiner's authorized deputy may use a facility of a
municipal or county hospital in the county or any other facility
that is made available. (Code Crim. Proc., Art. 49.25, Secs. 9(a)
(part), 10 (part).)
Art. 49A.115. LIMITED AUTOPSY. If the medical examiner
considers a complete autopsy to be unnecessary to determine a
person's cause of death, the medical examiner may perform a limited
autopsy by taking blood samples or other samples of body fluids,
tissues, or organs, to determine the cause of death or whether a
crime has been committed. (Code Crim. Proc., Art. 49.25, Sec. 9(a)
(part).)
Art. 49A.116. UNIDENTIFIED BODY: TESTING, REPORTING, AND
DISPOSITION. (a) A person investigating an unidentified person's
death described by Article 49A.109(a)(3)(B) shall report the death
to the missing children and missing persons information
clearinghouse of the Department of Public Safety and the National
Crime Information Center not later than the 10th working day after
the date the investigation began.
(b) A person investigating an unidentified person's death
described by Article 49A.109(a)(3)(B), or the person's designee,
shall enter into the National Missing and Unidentified Persons
System information regarding all available identifying features of
the unidentified body, including fingerprints, dental records, any
unusual physical characteristics, and the clothing found on the
body, not later than the earlier of:
(1) the 10th working day after the date that one or
more identifying features of the unidentified body are determined;
or
(2) the 60th day after the date the investigation
began.
(c) If a deceased person's body is unidentified, the medical
examiner may authorize any investigative or laboratory test or
process required to determine the person's identity and cause of
death.
(d) To enable a timely and accurate identification of the
person, a medical examination on an unidentified person:
(1) must include:
(A) all available fingerprints and palm prints;
(B) dental charts and radiographs, including
x-rays, of the teeth;
(C) frontal and lateral facial photographs with
scale indicated;
(D) notation and photographs, with scale
indicated, of a significant scar, mark, tattoo, or item of clothing
or other personal effect found with or near the body;
(E) notation of any antemortem medical
condition;
(F) notation of any observation relevant to the
estimation of time of death; and
(G) precise documentation of the body's burial
location; and
(2) may include:
(A) full body radiographs, including x-rays; and
(B) hair specimens with roots.
(e) On discovering the body or body part of a deceased
person in the circumstances described by Article 49A.109(a)(3)(B),
the medical examiner may request aid in the examination of the body
or body part from a forensic anthropologist who holds a doctoral
degree in anthropology with an emphasis in physical
anthropology. The forensic anthropologist:
(1) shall attempt to establish:
(A) whether the body or body part is of a human or
animal;
(B) whether evidence of childbirth, injury, or
disease exists; and
(C) the sex, race, age, stature, and physical
anomalies of the body or body part; and
(2) may attempt to establish the cause, manner, and
time of death.
(f) A person may not cremate or direct the cremation of an
unidentified person's body under Article 49A.118. If the body is
buried, the investigating agency responsible for the burial shall
record and maintain for a period of at least 10 years all
information relating to the body and the burial location. (Code
Crim. Proc., Art. 49.25, Secs. 7(b), (d), 9(a) (part), (b), (c),
10b, 13.)
Art. 49A.117. DUTY TO TAKE CHARGE OF BODY IN ABSENCE OF NEXT
OF KIN OR LEGAL REPRESENTATIVE. In the absence of a next of kin or a
legal representative of the deceased person, the medical examiner,
or the medical examiner's authorized deputy, shall take charge of
the person's body and all property found with the body. (Code Crim.
Proc., Art. 49.25, Sec. 6(c) (part).)
Art. 49A.118. CREMATION. (a) A body on which an inquest is
authorized by this subchapter may not be cremated unless the body is
identified and:
(1) an autopsy was performed as provided by this
subchapter; or
(2) an autopsy was not necessary.
(b) Before a body may be cremated, the owner or operator of
the crematory shall demand, and the medical examiner of the county
in which the death occurred shall provide, a certificate that is
signed by the medical examiner and that shows:
(1) an autopsy was performed on the body; or
(2) an autopsy was not necessary.
(c) Before providing a certificate under Subsection (b),
the medical examiner shall determine whether, from all the
circumstances surrounding the death, an autopsy is necessary.
(d) The owner or operator of a crematory shall preserve a
certificate provided by a medical examiner under this article for a
period of two years after the cremation date for the body.
(e) An autopsy by the medical examiner is not required as a
prerequisite to cremation if the person's death was caused by:
(1) Asiatic cholera;
(2) bubonic plague;
(3) typhus fever; or
(4) smallpox. (Code Crim. Proc., Art. 49.25, Sec. 10
(part).)
Art. 49A.119. REPORTING CAUSE OF DEATH; KEEPING RECORDS;
ISSUING DEATH CERTIFICATES. (a) For each inquest conducted, the
medical examiner shall file with the district attorney or criminal
district attorney of the county in which the death occurred, or
shall file with the county attorney of that county if there is not a
district attorney or criminal district attorney, a report stating:
(1) if the cause of death is determined beyond a
reasonable doubt as a result of the inquest, the specific cause of
death; and
(2) on completion of an autopsy, if any, the detailed
findings of the autopsy.
(b) The medical examiner shall:
(1) keep full and complete records properly indexed
for each person whose death is investigated, which must include:
(A) the name, if known;
(B) the place where the body was found;
(C) the date;
(D) the cause and manner of death; and
(E) the full report and detailed findings of the
autopsy, if any; and
(2) issue a death certificate.
(c) In any case in which further investigation of a person's
death is advisable, the medical examiner shall promptly deliver
copies of all records to the proper district, county, or criminal
district attorney. (Code Crim. Proc., Art. 49.25, Secs. 9(a)
(part), 11(a) (part).)
Art. 49A.120. WITHHOLDING OF RECORDS NOT PERMITTED;
EXCEPTIONS. (a) Except as provided by Subsection (b) and subject
to a discretionary exception under Chapter 552, Government Code,
records described by Article 49A.119(b) may not be withheld.
(b) A photograph or x-ray of a body taken during an autopsy
is excepted from required public disclosure under Chapter 552,
Government Code, but is subject to disclosure:
(1) under a subpoena or under other law; or
(2) if the photograph or x-ray is of the body of a
person who died while in the custody of law enforcement.
(c) A governmental body, as defined by Section 552.003,
Government Code, may withhold a photograph or x-ray under
Subsection (b) without requesting a decision from the attorney
general under Subchapter G, Chapter 552, Government Code. This
subsection does not affect the disclosure of a photograph or x-ray
that is otherwise required by Subsection (b). (Code Crim. Proc.,
Art. 49.25, Secs. 11(a) (part), (b).)
Art. 49A.121. RELEASE OF CERTAIN RECORDS. (a) A medical
examiner may release a copy of an autopsy report of a deceased
person to an organ and tissue procurement organization, hospital,
or other covered entity, as defined by Section 181.001, Health and
Safety Code, that:
(1) treated the person before death; or
(2) procured an anatomical gift from the body of the
person.
(b) The release of a report under this article is not
considered a disclosure under Chapter 552, Government Code.
(c) A report obtained under this article is confidential and
not subject to disclosure under Chapter 552, Government Code.
(Code Crim. Proc., Art. 49.25, Sec. 11(c).)
Art. 49A.122. FEES. (a) Subject to Subsections (b) and
(c), a medical examiner may charge reasonable fees for services
provided by the medical examiner's office under this subchapter and
Article 49A.251, including cremation approvals, court testimonies,
consultations, and depositions.
(b) The commissioners court must approve the amount of the
fee described by Subsection (a) before the fee may be assessed. The
fee may not exceed the amount necessary to provide the services
described by that subsection.
(c) The fee described by Subsection (a) may not be assessed
against the county's district attorney or a county office. (Code
Crim. Proc., Art. 49.25, Sec. 13A.)
Art. 49A.123. GENERAL CRIMINAL OFFENSE. (a) A person
commits an offense if the person knowingly violates this
subchapter.
(b) An offense under this article is a Class B misdemeanor.
(Code Crim. Proc., Art. 49.25, Sec. 14.)
SUBCHAPTER D. INVESTIGATIONS AND REPORTS OF CERTAIN DEATHS BY
OTHER OFFICIALS
Art. 49A.151. COUNTY SERVED BY JUSTICE OF THE PEACE: NOTICE
AND REPORT OF DEATH OCCURRING IN INSTITUTION. (a) For the purposes
of this article, "institution" does not include a hospital.
(b) A superintendent or general manager of an institution
who is required by Article 49A.053 to report to a justice of the
peace the death of a person under the care, custody, or control of
or residing in the institution shall:
(1) within 24 hours after the death of a person, notify
the office of the attorney general of the person's death; and
(2) within 72 hours after the death of a person,
prepare and submit to the office of the attorney general a report
containing all facts relevant to the person's death.
(c) The superintendent or general manager shall make a good
faith effort to obtain all facts relevant to a person's death and to
include those facts in the report submitted under Subsection
(b)(2).
(d) The office of the attorney general may investigate each
death reported to the office by an institution that receives
payments through the medical assistance program under Chapter 32,
Human Resources Code.
(e) Subject to Subsection (f), the office of the attorney
general shall make a report submitted under Subsection (b)(2)
available to any interested person who submits a written request
for access to the report.
(f) The office of the attorney general may deny a person
access to the report or part of the report if the office determines
that the report or part of the report is:
(1) privileged from discovery; or
(2) exempt from required public disclosure under
Chapter 552, Government Code. (Code Crim. Proc., Arts. 49.24(a),
(b), (c), (d), (e), (g).)
Art. 49A.152. COUNTY SERVED BY MEDICAL EXAMINER: NOTICE AND
REPORT OF DEATH OCCURRING IN INSTITUTION; OFFENSE. (a) A
superintendent or general manager of an institution who reports a
death that occurred under circumstances described by Article
49A.109(a) to a medical examiner's office or a municipal or county
police department must comply with the notice and reporting
requirements of Article 49A.151.
(b) The office of the attorney general has the same powers
and duties provided to the office under Article 49A.151 regarding
the dissemination and investigation of the report.
(c) A person commits an offense if the person knowingly
violates this article. An offense under this subsection is a Class B
misdemeanor. (Code Crim. Proc., Art. 49.25, Secs. 7(c), 14.)
Art. 49A.153. COUNTY SERVED BY JUSTICE OF THE PEACE:
INVESTIGATION AND REPORT OF DEATH OCCURRING WHILE CONFINED OR IN
PEACE OFFICER CUSTODY. (a) In this article:
(1) "Correctional facility" means a confinement
facility or halfway house operated by or under contract with the
Texas Department of Criminal Justice.
(2) "In the custody of a peace officer" means:
(A) under arrest by a peace officer; or
(B) under the physical control or restraint of a
peace officer.
(3) "State juvenile facility" means any facility or
halfway house:
(A) operated by or under contract with the Texas
Juvenile Justice Department; or
(B) described by Section 51.02(13) or (14),
Family Code.
(b) This article applies to the inquest into a death
occurring in a county described by Article 49A.051.
(c) If a person dies while in the custody of a peace officer
or as a result of a peace officer's use of force or if a person
confined in a jail, correctional facility, or state juvenile
facility dies, the director of the law enforcement agency of which
the officer is a member or of the facility in which the person was
confined shall:
(1) not later than the 30th day after the date on which
the person died, investigate the death and file a written report of
the cause of death with the attorney general; and
(2) make a good faith effort to obtain all facts
relevant to the death and include those facts in the report
described by Subdivision (1).
(d) The attorney general shall make the report available to
any interested person but may exclude any part of the report that
the attorney general determines is privileged.
(e) Subsections (c) and (d) do not apply if a person's death
occurs under circumstances described by Section 501.055(b)(2),
Government Code, in a facility operated by or under contract with
the Texas Department of Criminal Justice. (Code Crim. Proc., Arts.
49.02, 49.18(b), (c) (part), (d).)
SUBCHAPTER E. INFORMED CONSENT FOR POSTMORTEM EXAMINATION OR
AUTOPSY IN ALL COUNTIES
Art. 49A.201. APPLICABILITY. This subchapter does not
apply to an autopsy that:
(1) is ordered by the Texas Department of Criminal
Justice or an authorized official of the department in accordance
with Section 501.055(d), Government Code; or
(2) a justice of the peace or medical examiner
determines is required under this chapter or other law. (Code Crim.
Proc., Art. 49.31.)
Art. 49A.202. INFORMED CONSENT TO POSTMORTEM EXAMINATION OR
AUTOPSY REQUIRED. (a) Except as provided by Subsection (b), a
physician may not perform, or assist in the performance of, a
postmortem examination or autopsy on the body of a deceased person
unless the physician obtains the written informed consent of a
person authorized to provide consent under Article 49A.203. The
consent must be provided on the form prescribed under Article
49A.204.
(b) If, after exercising due diligence, a physician is
unable to identify or contact a person authorized under Article
49A.203 to give consent to a postmortem examination or autopsy on
the body of a deceased person, the physician may perform the
examination or autopsy. The physician must:
(1) be authorized by a medical examiner, justice of
the peace, or county judge, as appropriate, to perform the
postmortem examination or autopsy; and
(2) perform the postmortem examination or autopsy not
less than 24 hours and not more than 48 hours from the time:
(A) of the deceased person's death; or
(B) the physician or other person took possession
of the body. (Code Crim. Proc., Art. 49.32.)
Art. 49A.203. PERSONS AUTHORIZED TO CONSENT TO POSTMORTEM
EXAMINATION OR AUTOPSY. (a) Subject to Subsections (b) and (c),
consent for a postmortem examination or autopsy may be given by any
member of the following classes of persons who is reasonably
available, in the following order of priority:
(1) the spouse of the decedent;
(2) the person acting as guardian of the person of the
decedent at the time of death or the executor or administrator of
the decedent's estate;
(3) the adult children of the decedent;
(4) the parents of the decedent; and
(5) the adult siblings of the decedent.
(b) If two or more members of a class listed in Subsection
(a)(2), (3), (4), or (5) are entitled to give consent to a
postmortem examination or autopsy, consent may be given by one
member of the class unless another member of the class files an
objection with the physician, medical examiner, justice of the
peace, or county judge. If an objection is filed, the consent may
be given only by a majority of the members of the class who are
reasonably available.
(c) A person may not give consent under this article if, at
the time of the decedent's death, a person in a class granted higher
priority under Subsection (a) is reasonably available to give
consent or to file an objection to a postmortem examination or
autopsy. (Code Crim. Proc., Art. 49.33.)
Art. 49A.204. POSTMORTEM EXAMINATION OR AUTOPSY CONSENT
FORM. The commissioner of state health services, in consultation
with the Texas Medical Board, shall prescribe a standard written
consent form for a postmortem examination or autopsy. The form
must:
(1) include the name of the institution and the
department of the institution that will perform the examination or
autopsy;
(2) include a statement that the removal from the
deceased person's body and retention by the physician of organs,
fluids, prosthetic devices, or tissue may be required for purposes
of comprehensive evaluation or accurate determination of a cause of
death;
(3) provide the family of the deceased person with an
opportunity to place restrictions or special limitations on the
examination or autopsy;
(4) include a separate section regarding the
disposition of organs, fluids, prosthetic devices, or tissue after
the examination or autopsy, including a prioritized list of the
persons authorized to control that disposition, as provided by
Chapter 692A, Health and Safety Code;
(5) provide for documented and witnessed consent;
(6) allow authorization for the release of the
deceased person's remains to a funeral home or individual
designated by the person giving consent for the postmortem
examination or autopsy;
(7) include information regarding the rights
described by Article 49A.205;
(8) list the circumstances under which a medical
examiner is required by law to conduct an inquest or autopsy under
Subchapter C;
(9) include a statement that the form is required by
state law; and
(10) be written in plain language designed to be
easily understood by the average person. (Code Crim. Proc., Art.
49.34.)
Art. 49A.205. RIGHT TO NONAFFILIATED PHYSICIAN REVIEWING OR
PERFORMING AUTOPSY. (a) A person authorized to consent to a
postmortem examination or autopsy of a decedent under Article
49A.203 may request that a physician who is not affiliated with the
institution where the death occurred:
(1) perform the postmortem examination or autopsy at
another institution; or
(2) review the postmortem examination or autopsy
conducted by a physician affiliated with the institution where the
death occurred.
(b) A representative of the institution shall inform the
person described by Subsection (a) of the person's right to request
the performance or review of a postmortem examination or autopsy by
a nonaffiliated physician under Subsection (a) before the person
consents to the postmortem examination or autopsy.
(c) A person who requests a nonaffiliated physician to
perform or review a postmortem examination or autopsy shall bear
the additional costs incurred as a result of the nonaffiliated
physician's performance or review of the examination or autopsy
under Subsection (a). (Code Crim. Proc., Art. 49.35.)
SUBCHAPTER F. MISCELLANEOUS PROVISIONS APPLICABLE IN ALL COUNTIES
Art. 49A.251. WAITING PERIOD BEFORE CREMATION; OFFENSE.
(a) The body of a deceased person may not be cremated within 48
hours after the time of death as indicated on the death certificate,
unless:
(1) the death certificate indicates death was caused
by:
(A) Asiatic cholera;
(B) bubonic plague;
(C) typhus fever; or
(D) smallpox; or
(2) the time requirement is waived in writing by the
medical examiner or, in counties not having a medical examiner, a
justice of the peace.
(b) In a public health disaster, the Department of State
Health Services may designate additional communicable diseases for
which cremation within 48 hours after the time of death is
authorized.
(c) A person commits an offense if the person knowingly
violates this article. An offense under this subsection is a Class
B misdemeanor. (Code Crim. Proc., Art. 49.25, Secs. 10a, 14.)
Art. 49A.252. RIGHT OF PARENT OF DECEASED PERSON TO VIEW
PERSON'S BODY. (a) In this article, "parent" has the meaning
assigned by Section 160.102, Family Code.
(b) Except as otherwise provided by this article, a parent
of a deceased person is entitled to view the person's body before a
justice of the peace or the medical examiner, as applicable, for the
county in which the death occurred assumes control over the body
under Subchapter B or C, as applicable. If the person's death
occurred at a hospital or other health care facility, the parent may
view the body at the hospital or facility.
(c) A parent of a deceased person may not view the person's
body after the justice of the peace or medical examiner described by
Subsection (b) assumes control over the body unless the parent
first obtains the consent of the justice of the peace or medical
examiner or a person acting on behalf of the justice of the peace or
medical examiner.
(d) A parent may view the body of a deceased person under
this article whose death is determined to be subject to an inquest
under Article 49A.053 or 49A.109, as applicable, provided that the
viewing is supervised by:
(1) if law enforcement has assumed control over the
body at the time of the viewing, an appropriate peace officer or,
with the officer's consent, a person described by Subdivision (2)
or (3);
(2) a physician, registered nurse, or licensed
vocational nurse; or
(3) the justice of the peace or medical examiner or a
person acting on behalf of the justice of the peace or medical
examiner.
(e) During a viewing under this article, a parent of a
deceased person whose death is determined to be subject to an
inquest under Article 49A.053 or 49A.109 may not have contact with
the person's body unless the parent first obtains the consent of the
justice of the peace or medical examiner or a person acting on
behalf of the justice of the peace or medical examiner.
(f) During a viewing under this article, a person may not
remove a medical device from or otherwise alter the condition of the
body of a deceased person whose death is determined to be subject to
an inquest under Article 49A.053 or 49A.109 for purposes of
conducting the viewing unless the person first obtains the consent
of the justice of the peace or medical examiner or a person acting
on behalf of the justice of the peace or medical examiner. (Code Crim. Proc., Arts. 49.51, 49.52.)
CHAPTER 50A. FIRE INQUESTS
Art. 50A.001. FIRES REQUIRING INQUEST
Art. 50A.002. FIRE INQUEST PROCEEDINGS GOVERNED BY
LAWS RELATING TO DEATH INQUESTS;
POWERS OF INVESTIGATOR
Art. 50A.003. WITNESS TESTIMONY
Art. 50A.004. JURY VERDICT IN FIRE INQUEST
Art. 50A.005. WITNESSES BOUND OVER
Art. 50A.006. ISSUANCE OF ARREST WARRANT
Art. 50A.007. INQUEST RESULT REPORTED TO DISTRICT
COURT
Art. 50A.008. COMPENSATION FOR OFFICERS AND JURY
CHAPTER 50A. FIRE INQUESTS
Art. 50A.001. FIRES REQUIRING INQUEST. A justice of the
peace shall conduct a fire inquest if a credible person makes an
affidavit before the justice of the peace that there is reason to
believe a building has been unlawfully set or attempted to be set on
fire. (Code Crim. Proc., Art. 50.01.)
Art. 50A.002. FIRE INQUEST PROCEEDINGS GOVERNED BY LAWS
RELATING TO DEATH INQUESTS; POWERS OF INVESTIGATOR. (a) Except as
otherwise provided by this chapter, a fire inquest proceeding under
this chapter is governed by the laws relating to death inquests
under Chapter 49A.
(b) An officer conducting a fire inquest under this chapter
has the same powers as a justice of the peace under Chapter 49A.
(Code Crim. Proc., Art. 50.02; New.)
Art. 50A.003. WITNESS TESTIMONY. The testimony of each
witness examined before a jury in a fire inquest under this chapter
shall be:
(1) reduced to writing by or under the direction of the
justice of the peace; and
(2) signed by the witness. (Code Crim. Proc., Art.
50.06 (part).)
Art. 50A.004. JURY VERDICT IN FIRE INQUEST. (a) After
inspecting the location that is the subject of a fire inquest and
hearing the testimony, a jury in the inquest shall deliver to the
justice of the peace conducting the inquest the jury's written
signed verdict, in which the jury shall find and certify:
(1) how and in what manner the fire occurred or was
attempted to be set and all other circumstances attending the fire
or attempted fire; and
(2) the person guilty of setting or attempting to set
the fire, and the manner of the person's guilt.
(b) If the jury is unable to make a determination under
Subsection (a)(1) or (2), the jury shall find and certify
accordingly. (Code Crim. Proc., Art. 50.03.)
Art. 50A.005. WITNESSES BOUND OVER. If the jury finds that
a building has been unlawfully set or attempted to be set on fire,
the justice of the peace conducting the fire inquest shall bind over
each witness to appear and testify before the next grand jury of the
county in which the offense was committed. (Code Crim. Proc., Art.
50.04.)
Art. 50A.006. ISSUANCE OF ARREST WARRANT. If a person
charged with the offense described by Article 50A.005 is not in
custody, the justice of the peace conducting the fire inquest shall
issue a warrant for the person's arrest. (Code Crim. Proc., Art.
50.05.)
Art. 50A.007. INQUEST RESULT REPORTED TO DISTRICT COURT.
(a) The justice of the peace conducting the inquest shall certify
the testimony described by Article 50A.003, the verdict, and all
bail bonds taken in the case.
(b) The justice of the peace shall return the items
described by Subsection (a) to the next district or criminal
district court of the justice's county. (Code Crim. Proc., Art.
50.06 (part).)
Art. 50A.008. COMPENSATION FOR OFFICERS AND JURY. The
amount and manner of compensation for the officers and jury members
performing a fire inquest under this chapter shall, to the extent
applicable, be the same as that allowed for an inquest conducted
under Chapter 49A. (Code Crim. Proc., Art. 50.07.)
ARTICLE 2. CONFORMING AMENDMENTS
SECTION 2.01. Articles 2A.202(b) and (c), Code of Criminal
Procedure, are amended to read as follows:
(b) A peace officer who investigates the alleged commission
of an offense to which Subsection (a) applies shall prepare a
written report that includes the information required under Article
5A.009(a) [5.05(a)].
(c) On request of a victim of an offense to which Subsection
(a) applies, the local law enforcement agency responsible for
investigating the commission of the offense shall provide to the
victim, at no cost to the victim, any information contained in the
written report prepared under Subsection (b) that is:
(1) described by Article 5A.009(a)(1) or (2)
[5.05(a)(1) or (2)]; and
(2) not exempt from disclosure under Chapter 552,
Government Code, or other law.
SECTION 2.02. Article 63.056(a), Code of Criminal
Procedure, is amended to read as follows:
(a) A physician acting on the request of a justice of the
peace under Subchapter B [A], Chapter 49A [49], a county coroner, a
county medical examiner, or other law enforcement entity, as
appropriate, shall collect samples from unidentified human
remains. The justice of the peace, coroner, medical examiner, or
other law enforcement entity shall submit those samples to the
center for forensic DNA analysis and inclusion of the results in the
DNA database.
SECTION 2.03. Section 81.007(c), Family Code, is amended to
read as follows:
(c) The prosecuting attorney shall comply with Articles
5A.011, 5A.012, and 5A.013 [Article 5.06], Code of Criminal
Procedure, in filing an application under this subtitle.
SECTION 2.04. Section 264.501(1), Family Code, is amended
to read as follows:
(1) "Autopsy" and "inquest" have the meanings assigned
by Article 49A.001 [49.01], Code of Criminal Procedure.
SECTION 2.05. Section 264.514(a), Family Code, is amended
to read as follows:
(a) A medical examiner or justice of the peace notified of a
death of a child under Section 264.513 shall hold an inquest under
Chapter 49A [49], Code of Criminal Procedure, to determine whether
the death is unexpected or the result of abuse or neglect. An
inquest is not required under this subchapter if the child's death
is expected and is due to a congenital or neoplastic disease. A
death caused by an infectious disease may be considered an expected
death if:
(1) the disease was not acquired as a result of trauma
or poisoning;
(2) the infectious organism is identified using
standard medical procedures; and
(3) the death is not reportable to the Department of
State Health Services under Chapter 81, Health and Safety Code.
SECTION 2.06. Section 27.0545(a), Government Code, is
amended to read as follows:
(a) If a justice of the peace or the county judge of a county
to which Subchapter B [A], Chapter 49A [49], Code of Criminal
Procedure, applies is not available to conduct an inquest into a
person's death occurring in the county, the justice of the peace of
the precinct in which the death occurred or the county judge may
request a justice of the peace of another county to which that
subchapter applies to conduct the inquest.
SECTION 2.07. Section 501.055(d), Government Code, is
amended to read as follows:
(d) If the next of kin consents to the autopsy or does not
within eight hours of the time of death file an objection with the
department about the autopsy, the department or an authorized
official of the department shall order an autopsy to be conducted on
the inmate. The order of an autopsy under this subsection
constitutes consent to an autopsy for the purposes of Article
49A.202 [49.32], Code of Criminal Procedure.
SECTION 2.08. Section 552.108(h)(2), Government Code, is
amended to read as follows:
(2) "Medical examiner's report" means a report and the
contents of such a report created by a medical examiner under
Subchapter C, Chapter 49A [Article 49.25], Code of Criminal
Procedure, including an autopsy report and toxicology report. The
term does not include a photograph or medical image contained in a
report.
SECTION 2.09. Section 81.045(c), Health and Safety Code, is
amended to read as follows:
(c) A justice of the peace acting as coroner or a county
medical examiner in the course of an inquest under Chapter 49A [49],
Code of Criminal Procedure, who finds that a person's cause of death
was a reportable disease or other communicable disease that the
coroner or medical examiner believes may be a threat to the public
health shall immediately notify the health authority of the
jurisdiction in which the finding is made or the department.
SECTION 2.10. Section 88.006(d), Health and Safety Code, is
amended to read as follows:
(d) A justice of the peace acting as coroner or a medical
examiner in the course of an inquest under Chapter 49A [49], Code of
Criminal Procedure, who finds that a child's cause of death was lead
poisoning that resulted from exposure to a dangerous level of lead
that the justice of the peace or medical examiner believes may be a
threat to the public health shall immediately notify the health
authority or the regional director in the jurisdiction in which the
finding is made.
SECTION 2.11. Sections 193.0025(a) and (b), Health and
Safety Code, are amended to read as follows:
(a) This section applies only to a county:
(1) with an office of medical examiner established in
accordance with [Section 1,] Article 49A.101 [49.25], Code of
Criminal Procedure; and
(2) for which the commissioners court of the county by
resolution elects for this section to apply.
(b) This section does not apply to a county that entered
into an agreement with another county to create a medical examiners
district under [Section 1-a,] Article 49A.102 [49.25], Code of
Criminal Procedure, unless:
(1) the office of medical examiner is located in the
county and the county has adopted a resolution described by
Subsection (a)(2); or
(2) notwithstanding Subsection (a), the county elects
for this section to apply in the agreement creating the district.
SECTION 2.12. Sections 193.005(d) and (e), Health and
Safety Code, are amended to read as follows:
(d) If a death or fetal death occurs without medical
attendance or is otherwise subject to Chapter 49A [49], Code of
Criminal Procedure, the person required to file the death or fetal
death certificate shall notify the appropriate authority of the
death.
(e) A person conducting an inquest required by Chapter 49A
[49], Code of Criminal Procedure, shall:
(1) complete the medical certification not later than
five days after receiving the death or fetal death certificate; and
(2) state on the medical certification the disease
that caused the death or, if the death was from external causes, the
means of death and whether the death was probably accidental,
suicidal, or homicidal, and any other information required by the
state registrar to properly classify the death.
SECTION 2.13. Section 672.001(2), Health and Safety Code,
is amended to read as follows:
(2) "Autopsy" and "inquest" have the meanings assigned
by Article 49A.001 [49.01], Code of Criminal Procedure.
SECTION 2.14. Section 672.013(a), Health and Safety Code,
is amended to read as follows:
(a) A medical examiner or justice of the peace notified of a
death under Section 672.012 may hold an inquest under Chapter 49A
[49], Code of Criminal Procedure, to determine whether the death
was caused by suicide, family violence, or abuse.
SECTION 2.15. Sections 711.004(f) and (f-1), Health and
Safety Code, are amended to read as follows:
(f) Except as is authorized for a justice of the peace
acting as coroner or medical examiner under Chapter 49A [49], Code
of Criminal Procedure, remains may not be removed from a cemetery
except on the written order of the state registrar or the state
registrar's designee. The cemetery organization shall keep a
duplicate copy of the order as part of its records. The Texas
Funeral Service Commission may adopt rules to implement this
subsection.
(f-1) For unmarked graves contained within an abandoned,
unknown, or unverified cemetery, a justice of the peace acting as
coroner or medical examiner under Chapter 49A [49], Code of
Criminal Procedure, or a person described by Section 711.0105(a)
may investigate or remove remains without written order of the
state registrar or the state registrar's designee.
SECTION 2.16. Section 1001.241(b), Health and Safety Code,
is amended to read as follows:
(b) The information provided under Subsection (a) must
include guidelines for:
(1) determining when a comprehensive toxicology
screening should be performed on a person whose death was related to
pregnancy;
(2) determining when a death should be reported to or
investigated by a medical examiner or justice of the peace under
Chapter 49A [49], Code of Criminal Procedure; and
(3) correctly completing the death certificate of a
person whose death was related to pregnancy.
SECTION 2.17. Section 42.0448, Human Resources Code, is
amended to read as follows:
Sec. 42.0448. NOTIFICATION OF FAMILY VIOLENCE CALLS. The
department shall notify a child-placing agency or a
continuum-of-care residential operation that includes a
child-placing agency of each family violence report the department
receives under Article 5A.009 [5.05], Code of Criminal Procedure,
that:
(1) occurred at an agency foster home; or
(2) involves a person who resides at an agency foster
home.
SECTION 2.18. Section 42.0449, Human Resources Code, is
amended to read as follows:
Sec. 42.0449. REQUIRED ACTIONS AFTER NOTICE OF FAMILY
VIOLENCE CALL. The executive commissioner shall adopt rules
specifying the actions that the department, a child-placing agency,
and a continuum-of-care residential operation that includes a
child-placing agency shall take after receiving notice of a family
violence report under Article 5A.009 [5.05], Code of Criminal
Procedure, or Section 42.0448 to ensure the health, safety, and
welfare of each child residing in the verified agency foster home.
SECTION 2.19. Section 651.456, Occupations Code, is amended
to read as follows:
Sec. 651.456. UNETHICAL CONDUCT REGARDING CUSTODY OF DEAD
HUMAN BODY. A person violates this chapter if the person:
(1) takes custody of a dead human body without the
permission of:
(A) the person or the agent of the person
authorized to make funeral arrangements for the deceased; or
(B) a medical examiner or a justice of the peace
who has jurisdiction over the body under Subchapter B, Chapter 49A
[Articles 49.02-49.05], Code of Criminal Procedure;
(2) refuses to promptly surrender a dead human body to
a person or agent authorized to make funeral arrangements for the
deceased; or
(3) violates any state law governing the
transportation, storage, refrigeration, inurnment, interment, or
disinterment of a dead human body.
SECTION 2.20. Section 38.19(a), Penal Code, is amended to
read as follows:
(a) A superintendent or general manager of an institution
commits an offense if, as required by Article 49A.151 [49.24] or
49A.152 [49.25], Code of Criminal Procedure, the person fails to:
(1) provide notice of the death of an individual under
the care, custody, or control of or residing in the institution;
(2) submit a report on the death of the individual; or
(3) include in the report material facts known or
discovered by the person at the time the report was filed.
SECTION 2.21. Section 39.05(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense if the person is required to
conduct an investigation and file a report by Article 49A.153
[49.18], Code of Criminal Procedure, and the person fails to
investigate the death, fails to file the report as required, or
fails to include in a filed report facts known or discovered in the
investigation.
SECTION 2.22. Sections 547.751(a) and (c), Transportation
Code, are amended to read as follows:
(a) In this section, "medical examiner vehicle" means a
motor vehicle that is owned or leased by a governmental entity for
use by a medical examiner or an employee of an office of a medical
examiner in the performance of the examiner's or employee's duties
relating to an inquest conducted under Subchapter C [B], Chapter
49A [49], Code of Criminal Procedure.
(c) The operator of a medical examiner vehicle may use the
lighting equipment described by Subsection (b) only when:
(1) necessary to warn other vehicle operators or
pedestrians of the approach of the medical examiner vehicle; and
(2) operating the vehicle in the course and scope of
the operator's duties relating to an inquest conducted under
Subchapter C [B], Chapter 49A [49], Code of Criminal Procedure.
SECTION 2.23. Section 547.752, Transportation Code, is
amended to read as follows:
Sec. 547.752. ADDITIONAL LIGHTING EQUIPMENT AUTHORIZED FOR
VEHICLES OPERATED BY JUSTICES OF THE PEACE IN CERTAIN
CIRCUMSTANCES. (a) A vehicle operated by a justice of the peace in
the course and scope of the justice's duties as a coroner under
Subchapter B [A], Chapter 49A [49], Code of Criminal Procedure, may
be equipped with either:
(1) mounted signal lamps that comply with the
requirements of Section 547.702(c); or
(2) a signal lamp that is temporarily attached to the
vehicle roof and flashes red and blue lights visible at a distance
of at least 500 feet in normal sunlight.
(b) A justice of the peace may use the lighting equipment
described by Subsection (a) only when:
(1) necessary to warn other vehicle operators or
pedestrians of the approach of a vehicle operated by a justice of
the peace; and
(2) operating the vehicle in the course and scope of
the justice's duties relating to an inquest conducted under
Subchapter B [A], Chapter 49A [49], Code of Criminal Procedure.
ARTICLE 3. REPEALER
SECTION 3.01. Chapters 5, 9, 49, and 50, Code of Criminal
Procedure, are repealed.
ARTICLE 4. GENERAL MATTERS
SECTION 4.01. This Act is enacted under Section 43, Article
III, Texas Constitution. This Act is intended as a codification
only, and no substantive change in the law is intended by this Act.
SECTION 4.02. (a) Chapter 311, Government Code (Code
Construction Act), applies to the construction of each provision in
the Code of Criminal Procedure that is enacted under Section 43,
Article III, Texas Constitution (authorizing the continuing
statutory revision program), in the same manner as to a code enacted
under the continuing statutory revision program, except as
otherwise expressly provided by the Code of Criminal Procedure.
(b) A reference in a law to a statute or a part of a statute
in the Code of Criminal Procedure enacted under Section 43, Article
III, Texas Constitution (authorizing the continuing statutory
revision program), is considered to be a reference to the part of
that code that revises that statute or part of that statute.
SECTION 4.03. This Act takes effect April 1, 2025.