Tex. Code Crim. Proc. art. 49.19 · Subchapter A. DUTIES PERFORMED BY JUSTICES OF THE PEACE
WARRANT OF ARREST.
Text — Current through the 89th 2nd Called Legislative Session, 2025
Text of article effective until April 01, 2027
(a) A justice of the peace who is conducting an inquest of a death under this subchapter may issue a warrant for the arrest of a person suspected of causing the death if:
(1) the justice has knowledge that the person caused the death of the deceased;
(2) the justice receives an affidavit stating that the person caused the death; or
(3) evidence is adduced at an inquest hearing that shows probable cause to believe the person caused the death.
(b) A peace officer who receives an arrest warrant issued by a justice of the peace shall:
(1) execute the warrant without delay; and
(2) detain the person arrested until the person's discharge is ordered by the justice of the peace or other proper authority.
(c) A person who is charged in a death and arrested under a warrant of a justice of the peace shall remain in the custody of the arresting peace officer and may not be removed from the peace officer's custody on the authority of a warrant from another magistrate. A person charged in a death who has not been arrested under a warrant of a justice of the peace may be arrested on the order of a magistrate other than the justice of the peace and examined by that magistrate while an inquest is pending.
Notes and commentary — not statutory text
History
Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1, 1987.
Repealed by Acts 2025, 89th Leg., R.S., Ch. 202 (H.B. 1610), Sec. 3.01, eff.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 39e0b9e5bdda7f26059e38534ffc7e945725d8dff7bf511fbe9430c68127e700
- 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
Cited by 1 provision
Provisions in this library whose text cites Tex. Code Crim. Proc. art. 49.19. Each shows the citation as that text prints it.
Code of Criminal Procedure
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.