Tex. Code Crim. Proc. art. 49.05 · Subchapter A. DUTIES PERFORMED BY JUSTICES OF THE PEACE
TIME AND PLACE OF INQUEST; REMOVAL OF PROPERTY AND BODY FROM PLACE OF DEATH.
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 immediately or as soon as practicable after the justice receives notification of the death.
(b) A justice of the peace may conduct an inquest:
(1) at the place where the death occurred;
(2) where the body was found;
(3) by videoconference with an individual who is:
(A) designated by the justice of the peace; and
(B) present with the body for a death described by Article 49.04(a)(6) or (7); or
(4) at any other place determined to be reasonable by the justice.
(c) A justice of the peace may direct the removal of a body from the scene of death or move any part of the physical surroundings of a body only after a law enforcement agency is notified of the death and a peace officer has conducted an investigation or, if a law enforcement agency has not begun an investigation, a reasonable time has elapsed from the time the law enforcement agency was notified.
(d) A law enforcement agency that is notified of a death requiring an inquest under Article 49.04 of this code shall begin its investigation immediately or as soon as practicable after the law enforcement agency receives notification of the death.
(e) Except in emergency circumstances, a peace officer or other person conducting a death investigation for a law enforcement agency may not move the body or any part of the physical surroundings of the place of death without authorization from a justice of the peace.
(f) A person not authorized by law to move the body of a decedent or any part of the physical surroundings of the body commits an offense if the person tampers with a body that is subject to an inquest under Article 49.04 of this code or any part of the physical surroundings of the body. An offense under this section is punishable by a fine in an amount not to exceed $500.
Notes and commentary — not statutory text
History
Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 3.001, 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Repealed by Acts 2025, 89th Leg., R.S., Ch. 202 (H.B. 1610), Sec. 3.01, eff.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 eb0c1f4c97608fb53bac125005211803c1d8da62f0d12d85e7879f5e586f275d
- 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 2 provisions
Provisions in this library whose text cites Tex. Code Crim. Proc. art. 49.05. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.