Texas Code of Criminal Procedure - Article 49.09. Body Disinterred Or Cremated
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Art. 49.09. [974] [1064] [1027] BODY DISINTERRED OR
CREMATED. (a) If a body or body part subject to investigation
under Article 49.04 of this code is interred and an authorized
person has not conducted an inquest required under this subchapter,
a justice of the peace may direct the disinterment of the body or
body part in order to conduct an inquest.
(b) A person may not cremate or direct the cremation of a
body subject to investigation under Article 49.04 unless the body
is identified and the person has received from the justice of the
peace a certificate signed by the justice stating that:
(1) an autopsy was performed on the body under Article 49.10
of this code; or
(2) no autopsy was necessary.
(c) An owner or operator of a crematory shall retain a
certificate received under Subsection (b) of this article for a
period of 10 years from the date of cremation of the body named on
the certificate.
(d) A person commits an offense if the person cremates or
directs the cremation of a body without obtaining a certificate
from a justice of the peace as required by Subsection (b) of this
article. An offense under this section is a Class B misdemeanor.
(e) If the body of a deceased person is unidentified, a
person may not cremate or direct the cremation of the body under
this article. If the body is buried, the justice of the peace shall
record and maintain for not less than 10 years all information
pertaining to the body and the location of burial.
Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1,
1987; Subsecs. (b), (d) amended by and Subsec. (e) added by Acts
1997, 75th Leg., ch. 656, Sec. 3, eff. Sept. 1, 1997; Subsec. (a)
amended by Acts 2003, 78th Leg., ch. 826, Sec. 3, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1295, Sec. 3, eff. Sept. 1, 2003.
Article: 49.03 49.04 49.041 49.05 49.06 49.07 49.08 49.09 49.10 49.11 49.12 49.13 49.14 49.15 49.16
Last modified: August 11, 2007
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