Section 724.014 - Person Incapable of Refusal(a) A person who is dead, unconscious, or otherwise incapable of refusal is considered not to have withdrawn the consent provided by Section 724.011.(b) If the person is dead, a specimen may be taken by:(1) the county medical examiner or the examiner's designated agent; or(2) a licensed mortician or a person authorized under Section 724.016 or 724.017 if there is not a county medical examiner for the county.(c) If the person is alive but is incapable of refusal, a specimen may be taken by a person authorized under Section 724.016 or 724.017.Tex. Transp. Code § 724.014
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.