Tex. Code Crim. Proc. art. 49.04 · Subchapter A. DUTIES PERFORMED BY JUSTICES OF THE PEACE
DEATHS REQUIRING AN INQUEST.
Text — Current through the 89th 2nd Called Legislative Session, 2025
Text of article effective until April 01, 2027
(a) A justice of the peace shall conduct an inquest into the death of a person who dies in the county served by the justice if:
(1) the person dies in prison under circumstances other than those described by Section 501.055(b), Government Code, or in jail;
(2) the person dies an unnatural death from a cause other than a legal execution;
(3) the body or a body part of a person is found and either:
(A) the person is identified but the cause or circumstances of death are unknown; or
(B) the person is unidentified, regardless of whether the cause or circumstances of death are known;
(4) the circumstances of the death indicate that the death may have been caused by unlawful means;
(5) the person commits suicide or the circumstances of the death indicate that the death may have been caused by suicide;
(6) the person dies without having been attended by a physician;
(7) the person dies while attended by a physician who is unable to certify the cause of death and who requests the justice of the peace to conduct an inquest; or
(8) the person is a child younger than six years of age and an inquest is required by Chapter 264, Family Code.
(b) Except as provided by Subsection (c) of this section, a physician who attends the death of a person and who is unable to certify the cause of death shall report the death to the justice of the peace of the precinct where the death occurred and request that the justice conduct an inquest.
(c) If a person dies in a hospital or other institution and an attending physician is unable to certify the cause of death, the superintendent or general manager of the hospital or institution shall report the death to the justice of the peace of the precinct where the hospital or institution is located.
(d) A justice of the peace investigating a death described by Subsection (a)(3)(B) shall report the death to the missing children and missing persons information clearinghouse of the Department of Public Safety and the national crime information center not later than the 10th working day after the date the investigation began.
(e) A justice of the peace investigating a death described by Subsection (a)(3)(B), or the justice's designee, shall, not later than the 10th working day after the date that one or more identifying features of the unidentified body are determined or the 60th day after the date the investigation began, whichever is earlier, enter all available identifying features of the unidentified body (fingerprints, dental records, any unusual physical characteristics, and a description of the clothing found on the body) into the National Missing and Unidentified Persons System.
Notes and commentary — not statutory text
History
Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1, 1987; Subsec. (a) amended by Acts 1995, 74th Leg., ch. 255, Sec. 3, eff. Sept. 1, 1995; amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.105, eff. Sept. 1, 1995; amended by Acts 1995, 74th Leg., ch. 878, Sec. 2, eff. Sept. 1, 1995; Subsec. (a) amended by and Subsec. (d) added by Acts 1997, 75th Leg., ch. 656, Sec. 1, eff. Sept. 1, 1997; Subsec. (a) amended by Acts 1999, 76th Leg., ch. 785, Sec. 2, eff. Sept. 1, 1999; Subsec. (a) amended by Acts 2003, 78th Leg., ch. 826, Sec. 1, eff. Sept. 1, 2003 and Acts 2003, 78th Leg., ch. 1295, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 250 (H.B. 1419), Sec. 2, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 737 (H.B. 3161), Sec. 2, eff. September 1, 2023.
Repealed by Acts 2025, 89th Leg., R.S., Ch. 202 (H.B. 1610), Sec. 3.01, eff. April 1, 2027.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CR/htm/CR.49.htm
- Text hash
- sha256 0e28a219df60690b777705cd5244f4a1d72a9795d4a89f0005f5d3c10739ee14
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 8 provisions
Provisions in this library whose text cites Tex. Code Crim. Proc. art. 49.04. Each shows the citation as that text prints it.
Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 49.05TIME AND PLACE OF INQUEST; REMOVAL OF PROPERTY AND BODY FROM PLACE OF DEATH.Printed as Article 49.04 | Article 49.04(a)(6)
- Tex. Code Crim. Proc. art. 49.07NOTIFICATION OF INVESTIGATING OFFICIAL.Printed as Article 49.04
- Tex. Code Crim. Proc. art. 49.09BODY DISINTERRED OR CREMATED.Printed as Article 49.04
- Tex. Code Crim. Proc. art. 49.10AUTOPSIES AND TESTS.Printed as Article 49.04(a)(3)(B)
- Tex. Code Crim. Proc. art. 49.22SEALING PREMISES OF DECEASED.Printed as Article 49.04
- Tex. Code Crim. Proc. art. 49.24NOTIFICATION AND REPORT OF DEATH OF RESIDENT OF INSTITUTION.Printed as Article 49.04
- Tex. Code Crim. Proc. art. 49.52RIGHT OF PARENT OF DECEASED PERSON TO VIEW PERSON'S BODY.Printed as Article 49.04 or 49.25
- Tex. Code Crim. Proc. art. 56B.003DEFINITIONS.Printed as Section 49.04
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