Texas § 49.33 PERSONS AUTHORIZED TO CONSENT TO POSTMORTEM EXAMINATION OR AUTOPSY.

Texas Statutes

§ 49.33 — PERSONS AUTHORIZED TO CONSENT TO POSTMORTEM EXAMINATION OR AUTOPSY.

Texas § 49.33

Code CRCode of Criminal Procedure

This text of Texas § 49.33 (PERSONS AUTHORIZED TO CONSENT TO POSTMORTEM EXAMINATION OR AUTOPSY.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Code of Criminal Procedure Code Ann. § 49.33 (2026).

Text

Text of article effective until April 01, 2027 Art. 49.33. PERSONS AUTHORIZED TO CONSENT TO POSTMORTEM EXAMINATION OR AUTOPSY.

(a)Subject to Subsections (b) and (c) of this article, consent for a postmortem examination or autopsy may be given by any member of the following classes of persons who is reasonably available, in the order of priority listed:

(1)the spouse of the decedent;

(2)the person acting as guardian of the person of the decedent at the time of death or the executor or administrator of the decedent's estate;

(3)the adult children of the decedent;

(4)the parents of the decedent; and

(5)the adult siblings of the decedent.

(b)If there is more than one member of a class listed in Subsection (a)(2), (3), (4), or (5) of this article entitled to give consent to a postmortem

Free access — add to your briefcase to read the full text and ask questions with AI

Text of article effective until April 01, 2027
Art. 49.33. PERSONS AUTHORIZED TO CONSENT TO POSTMORTEM EXAMINATION OR AUTOPSY. (a) Subject to Subsections (b) and (c) of this article, consent for a postmortem examination or autopsy may be given by any member of the following classes of persons who is reasonably available, in the order of priority listed:
(1) the spouse of the decedent;
(2) the person acting as guardian of the person of the decedent at the time of death or the executor or administrator of the decedent's estate;
(3) the adult children of the decedent;
(4) the parents of the decedent; and
(5) the adult siblings of the decedent.
(b) If there is more than one member of a class listed in Subsection (a)(2), (3), (4), or (5) of this article entitled to give consent to a postmortem examination or autopsy, consent may be given by a member of the class unless another member of the class files an objection with the physician, medical examiner, justice of the peace, or county judge. If an objection is filed, the consent may be given only by a majority of the members of the class who are reasonably available.
(c) A person may not give consent under this article if, at the time of the decedent's death, a person in a class granted higher priority under Subsection (a) of this article is reasonably available to give consent or to file an objection to a postmortem examination or autopsy.

Legislative 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.