Tex. Code Crim. Proc. art. 49A.204 · Subchapter E. INFORMED CONSENT FOR POSTMORTEM EXAMINATION OR AUTOPSY IN ALL COUNTIES
POSTMORTEM EXAMINATION OR AUTOPSY CONSENT FORM.
Not yet in force
Text of article effective on April 01, 2027
Text — Current through the 89th 2nd Called Legislative Session, 2025
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 institution and the department of the institution 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 the deceased person's 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 49A.205;
(8) list the circumstances under which a medical examiner is required by law to conduct an inquest or autopsy under Subchapter C;
(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 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 03d884b99726c8558b65a902b5dddff0eee5fc2c4f6acaed626d2013f65159e4
- 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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