Tex. Code of Criminal Procedure § 49A.055

This is the official text of Tex. Code of Criminal Procedure § 49A.055, part of Texas’s Code of Criminal Procedure — sets the procedural rules for criminal cases in Texas.

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§ 49A.055. ALTERNATE OFFICIALS REQUIRED TO CONDUCT INQUESTS; OFFENSE.

Official statutory text

(a) If the justice of the peace of the precinct in which the body or body part was found is not available to conduct an inquest, a person required to give notice under Article 49A.054 shall notify the nearest available justice of the peace of the county in which the body or body part was found, and that justice of the peace shall conduct the inquest.

(b) If each justice of the peace of the county in which the body or body part was found is not available to conduct an inquest, a person required to give notice under Article 49A.054 shall notify the county judge of that county, and the county judge shall initiate the inquest. Subject to Subsection (d), the county judge may exercise any power and perform any duty otherwise granted or imposed under this subchapter to or on the justice of the peace of the county in which the body or body part was found.

(c) This subsection applies only if each justice of the peace of the county in which the body or body part was found and the county judge of that county are not available to conduct an inquest. A person required to give notice under Article 49A.054 may ask the justice of the peace of the precinct in which the body or body part was found or the county judge of that precinct's county to request a justice of the peace of another county described by Article 49A.051 to initiate the inquest. All expenses related to the inquest must be paid as provided by this chapter.

(d) A person who initiates an inquest under Subsection (b) or (c) shall, not later than the fifth day after the date the inquest is initiated, transfer all information obtained by the person and related to the inquest to the justice of the peace of the precinct in which the body or body part was found for final disposition of the matter.

(e) A person commits an offense if the person is required by this article to give notice and intentionally or knowingly fails to give the notice. An offense under this subsection is a Class C misdemeanor.

Status: in_force · Read it on the official government site

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