Tex. Code Crim. Proc. art. 49.52 · Subchapter D. RIGHT OF PARENT OF DECEASED PERSON TO VIEW PERSON'S BODY
RIGHT OF PARENT OF DECEASED PERSON TO VIEW PERSON'S BODY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
Text of article effective until April 01, 2027
(a) Except as provided by Subsection (b) or (c), a parent of a deceased person is entitled to view the person's body before a justice of the peace or the medical examiner, as applicable, for the county in which the death occurred assumes control over the body under Subchapter A or B, as applicable. If the person's death occurred at a hospital or other health care facility, the viewing may be conducted at the hospital or facility.
(b) A parent of a deceased person may not view the person's body after a justice of the peace or medical examiner described by Subsection (a) assumes control over the body under Subchapter A or B, as applicable, unless the parent first obtains the consent of the justice of the peace or medical examiner or a person acting on behalf of the justice of the peace or medical examiner.
(c) A viewing of the body of a deceased person under this article whose death is determined to be subject to an inquest under Article 49.04 or 49.25, as applicable, must be conducted in compliance with the following conditions:
(1) the viewing must be supervised by:
(A) if law enforcement has assumed control over the body at the time of the viewing, an appropriate peace officer or, with the officer's consent, a person described by Paragraph (B); or
(B) a physician, registered nurse, or licensed vocational nurse or the justice of the peace or the medical examiner or a person acting on behalf of the justice of the peace or medical examiner;
(2) a parent of the deceased person may not have contact with the person's body unless the parent first obtains the consent of the justice of the peace or medical examiner or a person acting on behalf of the justice of the peace or medical examiner; and
(3) a person may not remove a medical device from the deceased person's body or otherwise alter the condition of the body for purposes of conducting the viewing unless the person first obtains the consent of the justice of the peace or medical examiner or a person acting on behalf of the justice of the peace or medical examiner.
Notes and commentary — not statutory text
History
Added by Acts 2017, 85th Leg., R.S., Ch. 777 (S.B. 239), Sec. 1, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 748 (H.B. 881), Sec. 2, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 748 (H.B. 881), Sec. 3, eff. September 1, 2019.
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 6f1644e078f8cae546095ebcf2db18fc6d009987be3f6287c63a2a0d37fb8ed3
- 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
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