(b) A justice of the peace may conduct an inquest:
(1) at the place where the death occurred;
(2) where the body was found; or
(3) at any other place determined to be reasonable by the justice.
(c) A justice of the peace may direct the removal of a body from the scene of death or move any part of the physical surroundings of a body only after a law enforcement agency is notified of the death and a peace officer has conducted an investigation or, if a law enforcement agency has not begun an investigation, a reasonable time has elapsed from the time the law enforcement agency was notified.
(d) A law enforcement agency that is notified of a death requiring an inquest under Article 49.04 of this code shall begin its investigation immediately or as soon as practicable after the law enforcement agency receives notification of the death.
(e) Except in emergency circumstances, a peace officer or other person conducting a death investigation for a law enforcement agency may not move the body or any part of the physical surroundings of the place of death without authorization from a justice of the peace.
(f) A person not authorized by law to move the body of a decedent or any part of the physical surroundings of the body commits an offense if the person tampers with a body that is subject to an inquest under Article 49.04 of this code or any part of the physical surroundings of the body. An offense under this section is punishable by a fine in an amount not to exceed $500.
Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1, 1987.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Chapter 49 - Inquests Upon Dead Bodies
Subchapter . A. Duties Performed by Justices of the Peace
Article 49.03. Powers and Duties
Article 49.04. Deaths Requiring an Inquest
Article 49.041. Reopening an Inquest
Article 49.05. Time and Place of Inquest; Removal of Property and Body From Place of Death
Article 49.06. Hindering an Inquest
Article 49.07. Notification of Investigating Official
Article 49.08. Information Leading to an Inquest
Article 49.09. Body Disinterred or Cremated
Article 49.10. Autopsies and Tests
Article 49.11. Chemical Analysis
Article 49.12. Liability of Person Performing Autopsy or Test
Article 49.14. Inquest Hearing
Article 49.16. Orders and Death Certificates
Article 49.18. Death in Custody
Article 49.19. Warrant of Arrest
Article 49.20. Requisites of Warrant
Article 49.21. Commitment of Homicide Suspect
Article 49.22. Sealing Premises of Deceased
Article 49.23. Office of Death Investigator
Article 49.24. Notification and Report of Death of Resident of Institution