Texas statute
Tex. Code Crim. Proc. art. 49A.204 — Postmortem examination or autopsy consent form
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.204
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.
The commissioner of state health services, in consultation with the Texas Medical Board, shall prescribe a standard written consent form for a postmortem examination or autopsy. The form must: (1) include the name of the institution and the department of the institution that will perform the examination or autopsy; (2) include a statement that the removal from the deceased person's body and retention by the physician of organs, fluids, prosthetic devices, or tissue may be required for purposes of comprehensive evaluation or accurate determination of a cause of death; (3) provide the family of the deceased person with an opportunity to place restrictions or special limitations on the examination or autopsy; (4) include a separate section regarding the disposition of organs, fluids, prosthetic devices, or tissue after the examination or autopsy, including a prioritized list of the persons authorized to control that disposition, as provided by Chapter 692A , Health and Safety Code; (5) provide for documented and witnessed consent; (6) allow authorization for the release of the deceased person's remains to a funeral home or individual designated by the person giving consent for the postmortem examination or autopsy; (7) include information regarding the rights described by Article 49A.205 ; (8) list the circumstances under which a medical examiner is required by law to conduct an inquest or autopsy under Subchapter C; (9) include a statement that the form is required by state law; and (10) be written in plain language designed to be easily understood by the average person.
Official sources
This reference is informational and is not legal advice.