Tex. Code Crim. Proc. art. 49.34 · Subchapter C. INFORMED CONSENT FOR POSTMORTEM EXAMINATION OR AUTOPSY
POSTMORTEM EXAMINATION OR AUTOPSY CONSENT FORM.
Text — Current through the 89th 2nd Called Legislative Session, 2025
Text of article effective until April 01, 2027
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 hospital or other institution and the department 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 human 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 49.35 of this code;
(8) list the circumstances under which a medical examiner is required by law to conduct an investigation, inquest, or autopsy under Article 49.25 of this code;
(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.
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Repealed by Acts 2025, 89th Leg., R.S., Ch. 202 (H.B. 1610), Sec. 3.01, eff.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 79a2a165cc80f71be8422f3596e9d6a484321800d8842d6c9dd9c8109631f43d
- 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
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Code of Criminal Procedure
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Code of Criminal Procedure
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