Tex. Code Crim. Proc. art. 49A.060 · Subchapter B. INQUESTS BY JUSTICE OF THE PEACE
LIMITATIONS ON MOVING BODY AND PHYSICAL SURROUNDINGS; OFFENSE.
Not yet in force
Text of article effective on April 01, 2027
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A justice of the peace may direct the removal of a body from the place of death or move any part of the physical surroundings of a body only after:
(1) a law enforcement agency is notified of the death and a peace officer has conducted an investigation into the death; or
(2) if a law enforcement agency has not begun an investigation into the death, a reasonable period has elapsed from the time the law enforcement agency was notified.
(b) A law enforcement agency that is notified of a death requiring an inquest under Article 49A.053 shall begin its investigation into the death as soon as practicable after the law enforcement agency receives notice of the death.
(c) 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.
(d) A person not authorized by law to move the body of a deceased person or any part of the physical surroundings of the body commits an offense if the person tampers with:
(1) a body that is subject to an inquest under Article 49A.053; or
(2) any part of the physical surroundings of the body described by Subdivision (1).
(e) An offense under Subsection (d) is punishable by a fine in an amount not to exceed $500.
Notes and commentary — not statutory text
History
Added by Acts 2025, 89th Leg., R.S., Ch. 202 (H.B. 1610), Sec. 1.01, 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.49A.htm
- Text hash
- sha256 65296ced50b1d38d5ed0cddaebd3d18cfa0c9505983d7eb50055fdc27a14efce
- 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
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.