Tex. Code Crim. Proc. art. 49.33 · Subchapter C. INFORMED CONSENT FOR POSTMORTEM EXAMINATION OR AUTOPSY
PERSONS AUTHORIZED TO CONSENT TO POSTMORTEM EXAMINATION OR AUTOPSY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
Text of article effective until April 01, 2027
(a) Subject to Subsections (b) and (c) of this article, consent for a postmortem examination or autopsy may be given by any member of the following classes of persons who is reasonably available, in the order of priority listed:
(1) the spouse of the decedent;
(2) the person acting as guardian of the person of the decedent at the time of death or the executor or administrator of the decedent's estate;
(3) the adult children of the decedent;
(4) the parents of the decedent; and
(5) the adult siblings of the decedent.
(b) If there is more than one member of a class listed in Subsection (a)(2), (3), (4), or (5) of this article entitled to give consent to a postmortem examination or autopsy, consent may be given by a member of the class unless another member of the class files an objection with the physician, medical examiner, justice of the peace, or county judge. If an objection is filed, the consent may be given only by a majority of the members of the class who are reasonably available.
(c) A person may not give consent under this article if, at the time of the decedent's death, a person in a class granted higher priority under Subsection (a) of this article is reasonably available to give consent or to file an objection to a postmortem examination or autopsy.
Notes and commentary — not statutory text
History
Added by Acts 2011, 82nd Leg., R.S., Ch. 950 (H.B. 1009), Sec. 2, eff. September 1, 2011.
Repealed by Acts 2025, 89th Leg., R.S., Ch. 202 (H.B. 1610), Sec. 3.01, eff.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 d07ad5253978aafd19f8e0b4b573a11f2a821517e8a7d8152e0317aeee1bc47a
- 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 2 provisions
Provisions in this library whose text cites Tex. Code Crim. Proc. art. 49.33. Each shows the citation as that text prints it.
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