Section 49.04 - Deaths Requiring An Inquest(a) A justice of the peace shall conduct an inquest into the death of a person who dies in the county served by the justice if: (1) the person dies in prison under circumstances other than those described by Section 501.055(b), Government Code, or in jail; (2) the person dies an unnatural death from a cause other than a legal execution; (3) the body or a body part of a person is found and either: (A) the person is identified but the cause or circumstances of death are unknown ; or
(B) the person is unidentified, regardless of whether the cause or circumstances of death are known; (4) the circumstances of the death indicate that the death may have been caused by unlawful means; (5) the person commits suicide or the circumstances of the death indicate that the death may have been caused by suicide; (6) the person dies without having been attended by a physician; (7) the person dies while attended by a physician who is unable to certify the cause of death and who requests the justice of the peace to conduct an inquest; or (8) the person is a child younger than six years of age and an inquest is required by Chapter 264, Family Code. (b) Except as provided by Subsection (c) of this section, a physician who attends the death of a person and who is unable to certify the cause of death shall report the death to the justice of the peace of the precinct where the death occurred and request that the justice conduct an inquest.(c) If a person dies in a hospital or other institution and an attending physician is unable to certify the cause of death, the superintendent or general manager of the hospital or institution shall report the death to the justice of the peace of the precinct where the hospital or institution is located.(d) A justice of the peace investigating a death described by Subsection (a)(3)(B) shall report the death to the missing children and missing persons information clearinghouse of the Department of Public Safety and the national crime information center not later than the 10th working day after the date the investigation began.(e) A justice of the peace investigating a death described by Subsection (a)(3)(B), or the justice's designee, shall, not later than the 10th working day after the date that one or more identifying features of the unidentified body are determined or the 60th day after the date the investigation began, whichever is earlier, enter all available identifying features of the unidentified body (fingerprints, dental records, any unusual physical characteristics, and a description of the clothing found on the body) into the National Missing and Unidentified Persons System.Tex. Code Crim. Proc. § 49.04
Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 737,Sec. 2, eff. 9/1/2023.Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 250,Sec. 2, eff. 9/1/2021.Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. 9/1/1987; Subsec. (a) amended by Acts 1995, 74th Leg., ch. 255, Sec. 3, eff. 9/1/1995; amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.105, eff. 9/1/1995; amended by Acts 1995, 74th Leg., ch. 878, Sec. 2, eff. 9/1/1995; Subsec. (a) amended by and Subsec. (d) added by Acts 1997, 75th Leg., ch. 656, Sec. 1, eff. 9/1/1997; Subsec. (a) amended by Acts 1999, 76th Leg., ch. 785, Sec. 2, eff. 9/1/1999; Subsec. (a) amended by Acts 2003, 78th Leg., ch. 826, Sec. 1, eff. 9/1/2003 and Acts 2003, 78th Leg., ch. 1295, Sec. 1, eff. 9/1/2003.