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Texas Code of Criminal Procedure - Article 49.13. Consent To Autopsy

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 49.13. Consent To Autopsy

Art. 49.13. [978] [1068] [1031] CONSENT TO AUTOPSY.  (a) 
Consent for a physician to conduct an autopsy is sufficient if given 
by the following:
	(1)  if the deceased was married, the surviving spouse;                        
	(2)  if the deceased was married but not survived by a 
spouse, an adult child of the deceased;
	(3)  if the deceased was married but not survived by a 
spouse, and a child of the deceased is under the care of a guardian 
or a court, the guardian or court having care of the child;  or
	(4)  if the deceased person was unmarried or is not survived 
by a spouse or a child, the following persons in the order stated:
	(A)  a parent;                                                                 
	(B)  a guardian;                                                               
	(C)  the next of kin;  or                                                      
	(D)  any person who assumes custody of and responsibility for 
the burial of the body.
	(b)  Notwithstanding Subsection (a), consent for a physician 
to conduct an autopsy is sufficient if given by the Texas Department 
of Criminal Justice or an authorized official of the department in 
accordance with Section 501.055, Government Code.

Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1, 
1987;  Acts 1997, 75th Leg., ch. 1422, Sec. 4, eff. June 20, 1997.

Last modified: August 11, 2007