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Texas statute

Tex. Code Crim. Proc. art. 49A.202 — Informed consent to postmortem examination or autopsy required

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

Part of Chapter 49A: DEATH INQUESTS, Texas Code of Criminal Procedure.

Amendment pending: a new version of this section takes effect Thu Apr 01 2027 00:00:00 GMT+0000 (Coordinated Universal Time).

Full text of Tex. Code Crim. Proc. art. 49A.202

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. 49A.202Primary source, current through the 89th Legislature, 2nd Called Session (2025)
(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.

Official sources

This reference is informational and is not legal advice.