Texas § 49.34 POSTMORTEM EXAMINATION OR AUTOPSY CONSENT FORM.

Texas Statutes

§ 49.34 — POSTMORTEM EXAMINATION OR AUTOPSY CONSENT FORM.

Texas § 49.34

Code CRCode of Criminal Procedure

This text of Texas § 49.34 (POSTMORTEM EXAMINATION OR AUTOPSY CONSENT FORM.) 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. § 49.34 (2026).

Text

Text of article effective until April 01, 2027 Art. 49.34. POSTMORTEM EXAMINATION OR AUTOPSY CONSENT FORM. 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 hospital or other institution and the department 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 ex

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Text of article effective until April 01, 2027
Art. 49.34. POSTMORTEM EXAMINATION OR AUTOPSY CONSENT FORM. 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 hospital or other institution and the department 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 human 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 49.35 of this code;
(8) list the circumstances under which a medical examiner is required by law to conduct an investigation, inquest, or autopsy under Article 49.25 of this code;
(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.

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.