HB 1610

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
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
Art. 5A.001.  LEGISLATIVE STATEMENT
Art. 5A.003.  PRIMARY DUTIES OF PEACE OFFICER
Art. 5A.004.  NO WAIVER OR EXCEPTION CREATED BY FAMILY
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
Art. 5A.008.  STANDBY ASSISTANCE; LIABILITY
Art. 5A.010.  ACCESS TO RECORDS
Art. 5A.011.  PROSECUTOR'S NOTICE OF RESPONSIBILITY FOR
FILING APPLICATIONS FOR PROTECTIVE
Art. 5A.012.  PROSECUTOR'S FILING OF PROTECTIVE ORDER:
PROHIBITED CONSIDERATION; AUTHORITY TO
Art. 5A.013.  DELAY OR DISMISSAL OF PROSECUTION BASED
ON STATUS OF CERTAIN CIVIL PROCEEDINGS
Art. 5A.014.  REFERRAL TO MEDIATION, ARBITRATION,
PROCEDURE PROHIBITED IN CRIMINAL
TITLE 1.  CODE OF CRIMINAL PROCEDURE
CHAPTER 5A.  PREVENTING, INVESTIGATING, AND PROSECUTING FAMILY
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.
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.
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.
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
(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.
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
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
(2)  more than one year has elapsed after the date the
(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
(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.
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
(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
(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
(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
(1)  include the information required by Subsection
(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
(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
(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),
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
Art. 5A.013.  DELAY OR DISMISSAL OF PROSECUTION BASED ON
STATUS OF CERTAIN CIVIL PROCEEDINGS PROHIBITED.  A prosecuting
(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
Art. 9A.001.  ORDER REGARDING INJURIOUS TRADE,
Art. 9A.002.  PERMANENT RESTRAINT AND BOND ON
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
CHAPTER 9A.  TRADE, BUSINESS, OR OCCUPATION INJURIOUS TO PUBLIC
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
(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
(6)  be approved by and filed with the court. (Code
Art. 9A.004.  CONSEQUENCE OF REFUSAL TO EXECUTE BOND.  If a
defendant refuses to execute a bond when required under Article
(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
(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,
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.)
SUBCHAPTER A.  GENERAL PROVISIONS
Art. 49A.002.  WHEN DECEASED PERSON OR BODY CONSIDERED
SUBCHAPTER B.  INQUESTS BY JUSTICE OF THE PEACE
Art. 49A.052.  INDEPENDENT AUTHORITY AND DUTIES OF
Art. 49A.053.  DEATHS REQUIRING INQUEST
Art. 49A.054.  REQUIRED NOTICE TO JUSTICE OF THE PEACE;
Art. 49A.055.  ALTERNATE OFFICIALS REQUIRED TO CONDUCT
Art. 49A.056.  REQUIRED NOTICE OF DEATH IN PENAL
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
Art. 49A.061.  AUTHORITY TO LOCK AND SEAL PREMISES OF
DECEASED PERSON; LIABILITY OF ESTATE
Art. 49A.062.  AUTHORITY TO DISINTER BODY
Art. 49A.064.  TAKING SAMPLES; LIMITED AUTOPSIES
Art. 49A.065.  CHEMICAL ANALYSES
Art. 49A.066.  LIABILITY OF PERSON PERFORMING AUTOPSY
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
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
Art. 49A.077.  AUTHORITY TO REOPEN INQUEST BASED ON
SUBCHAPTER C.  INQUESTS BY MEDICAL EXAMINER
Art. 49A.101.  CREATION OF OFFICE REQUIRED IN CERTAIN
COUNTIES; AUTHORITY TO ESTABLISH
Art. 49A.102.  CREATION OF MULTI-COUNTY MEDICAL
Art. 49A.103.  INQUEST POWERS AND DUTIES OF JUSTICE OF
THE PEACE APPLY TO MEDICAL EXAMINER;
Art. 49A.104.  WHICH MEDICAL EXAMINER REQUIRED TO
Art. 49A.105.  APPOINTMENT AND QUALIFICATION OF MEDICAL
Art. 49A.108.  PROVISION OF OFFICE SPACE AND LABORATORY
Art. 49A.109.  DEATHS REQUIRING INQUEST BY MEDICAL
Art. 49A.110.  REQUIRED NOTICE TO MEDICAL EXAMINER OF
Art. 49A.111.  AUTHORITY TO ADMINISTER OATHS AND TAKE
Art. 49A.112.  MEDICAL EXAMINER MUST AUTHORIZE REMOVAL
Art. 49A.113.  AUTHORITY TO DISINTER BODY
Art. 49A.114.  WHEN AUTOPSIES REQUIRED; USE OF
Art. 49A.116.  UNIDENTIFIED BODY: TESTING, REPORTING,
Art. 49A.117.  DUTY TO TAKE CHARGE OF BODY IN ABSENCE
OF NEXT OF KIN OR LEGAL REPRESENTATIVE
Art. 49A.119.  REPORTING CAUSE OF DEATH; KEEPING
RECORDS; ISSUING DEATH CERTIFICATES
Art. 49A.120.  WITHHOLDING OF RECORDS NOT PERMITTED;
Art. 49A.121.  RELEASE OF CERTAIN RECORDS
Art. 49A.123.  GENERAL CRIMINAL OFFENSE
SUBCHAPTER D.  INVESTIGATIONS AND REPORTS OF CERTAIN DEATHS BY
Art. 49A.151.  COUNTY SERVED BY JUSTICE OF THE PEACE:
NOTICE AND REPORT OF DEATH OCCURRING
Art. 49A.152.  COUNTY SERVED BY MEDICAL EXAMINER:
NOTICE AND REPORT OF DEATH OCCURRING
Art. 49A.153.  COUNTY SERVED BY JUSTICE OF THE PEACE:
INVESTIGATION AND REPORT OF DEATH
OCCURRING WHILE CONFINED OR IN PEACE
SUBCHAPTER E.  INFORMED CONSENT FOR POSTMORTEM EXAMINATION OR
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
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
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
(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
(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
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,
(2)  the person dies an unnatural death from a cause
(3)  the body or a body part of a person is found and
(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
(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;
(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
(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),
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
(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
(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
(2)  facts within the justice's knowledge.  (Code Crim.
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
(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;
(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
(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
(2)  any part of the physical surroundings of the body
(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),
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
(c)  A person, other than a peace officer, commits an offense
if the person tampers with or removes a lock or seal placed on
(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. 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
(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
(d)  A justice of the peace shall request a physician to
(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
(5)  a communicable disease during a public health
(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
(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
(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
(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
(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
(b)  A justice of the peace shall obtain a chemical analysis
under Subsection (a) if requested by the physician who performed an
(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
(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
(1)  the 10th working day after the date that one or
more identifying features of the unidentified body are determined;
(2)  the 60th day after the date the investigation
(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:
(A)  all available fingerprints and palm prints;
(B)  dental charts and radiographs, including
(C)  frontal and lateral facial photographs with
(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
(F)  notation of any observation relevant to the
estimation of time of death; and
(G)  precise documentation of the body's burial
(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
(B)  whether evidence of childbirth, injury, or
(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
(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
(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
(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
(b)  An inquest hearing may be held with or without a jury
unless the district attorney or criminal district attorney requests
(c)  A jury in an inquest hearing is composed of six persons.
Jurors must be summoned in the same manner as jurors are summoned
(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,
(e)  A justice of the peace may:
(1)  issue a subpoena to enforce the attendance of a
(2)  issue an attachment for a witness who is
subpoenaed and fails to appear at the time and place cited on the
(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
(g)  Only the following persons may question a witness at an
(2)  a person charged in the death under investigation
(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),
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
(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
(4)  the name of each witness who testified at the
(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;
(9)  the name of each person arrested as a suspect in
the death who appeared at the inquest and the details of that
(c)  All papers of the inquest record must be:
(1)  marked with the case number;
(3)  maintained in the office of the justice of the
(4)  made available to the appropriate officials on
(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
(1)  the justice has knowledge that the suspect caused
(2)  the justice receives an affidavit stating that the
(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
(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
(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
(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
(3)  recites in plain language the offense with which
(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
(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.
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
(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
(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;
(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.
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.
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. 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.
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;
(A)  is licensed and in good standing as a
(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),
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.
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. 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,
Art. 49A.109.  DEATHS REQUIRING INQUEST BY MEDICAL EXAMINER.
(a)  A medical examiner, or a medical examiner's authorized deputy,
(1)  a person dies within 24 hours after the person is
admitted to an institution or in prison or jail;
(A)  dies an unnatural death from a ca