Tex. Code of Criminal Procedure § 49A.203
This is the official text of Tex. Code of Criminal Procedure § 49A.203, part of Texas’s Code of Criminal Procedure — sets the procedural rules for criminal cases in Texas.
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§ 49A.203. PERSONS AUTHORIZED TO CONSENT TO POSTMORTEM EXAMINATION OR AUTOPSY.
Official statutory text
(a) Subject to Subsections (b) and (c), 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 following order of priority:
(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 two or more members of a class listed in Subsection (a)(2), (3), (4), or (5) are entitled to give consent to a postmortem examination or autopsy, consent may be given by one 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) is reasonably available to give consent or to file an objection to a postmortem examination or autopsy.
(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 two or more members of a class listed in Subsection (a)(2), (3), (4), or (5) are entitled to give consent to a postmortem examination or autopsy, consent may be given by one 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) is reasonably available to give consent or to file an objection to a postmortem examination or autopsy.
Status: in_force · Read it on the official government site
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