Skip to main content
US Criminal Defense.org
Menu

Texas statute

Tex. Code Crim. Proc. art. 49.52 — Right of parent of deceased person to view person's body

Current through 89th Legislature, 2nd Called Session (2025)

Part of Chapter 49: INQUESTS UPON DEAD BODIES, Texas Code of Criminal Procedure.

Full text of Tex. Code Crim. Proc. art. 49.52

Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.

Tex. Code Crim. Proc. art. 49.52Primary source, current through the 89th Legislature, 2nd Called Session (2025)
(a) Except as provided by Subsection (b) or (c), 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 A or B, as applicable. If the person's death occurred at a hospital or other health care facility, the viewing may be conducted at the hospital or facility. (b) A parent of a deceased person may not view the person's body after a justice of the peace or medical examiner described by Subsection (a) assumes control over the body under Subchapter A or B, as applicable, 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. (c) A viewing of the body of a deceased person under this article whose death is determined to be subject to an inquest under Article 49.04 or 49.25 , as applicable, must be conducted in compliance with the following conditions: (1) the viewing must be supervised by: (A) 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 Paragraph (B); or (B) a physician, registered nurse, or licensed vocational nurse or the justice of the peace or the medical examiner or a person acting on behalf of the justice of the peace or medical examiner; (2) a parent of the deceased person 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; and (3) a person may not remove a medical device from the deceased person's body or otherwise alter the condition of the body 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.

Official sources

This reference is informational and is not legal advice.