Tex. Penal Code § 39.05 · Chapter 39. ABUSE OF OFFICE
FAILURE TO REPORT DEATH OF PRISONER.
Text — Current through the 89th 2nd Called Legislative Session, 2025
Text of subsection effective until April 01, 2027
(a) A person commits an offense if the person is required to conduct an investigation and file a report by Article 49.18, Code of Criminal Procedure, and the person fails to investigate the death, fails to file the report as required, or fails to include in a filed report facts known or discovered in the investigation.
Text of subsection effective on April 01, 2027
(a) A person commits an offense if the person is required to conduct an investigation and file a report by Article 49A.153, Code of Criminal Procedure, and the person fails to investigate the death, fails to file the report as required, or fails to include in a filed report facts known or discovered in the investigation.
(b) A person commits an offense if the person is required by Section 501.055, Government Code, to:
(1) give notice of the death of an inmate and the person fails to give the notice; or
(2) conduct an investigation and file a report and the person:
(A) fails to conduct the investigation or file the report; or
(B) fails to include in the report facts known to the person or discovered by the person in the investigation.
(c) An offense under this section is a Class B misdemeanor.
Notes and commentary — not statutory text
History
Added by Acts 1983, 68th Leg., p. 2510, ch. 441, Sec. 2, eff. Sept. 1, 1983. Renumbered from Penal Code Sec. 39.022 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.104, eff. Sept. 1, 1995.
Amended by:
Acts 2025, 89th Leg., R.S., Ch. 202 (H.B. 1610), Sec. 2.21, 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/PE/htm/PE.39.htm
- Text hash
- sha256 c361638f6ba40dea74f3117e539590b2ac3e65d847407e5cab6b013ba92b33ec
- 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
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 49.18DEATH IN CUSTODY.Printed as Article 49.18, Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 49A.153COUNTY SERVED BY JUSTICE OF THE PEACE: INVESTIGATION AND REPORT OF DEATH OCCURRING WHILE CONFINED OR IN PEACE OFFICER CUSTODY.Printed as Article 49A.153, 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.