Tex. Code of Crim. Proc. Article 38.32
Presumption of Death

(a)

Upon introduction and admission into evidence of a valid certificate of death wherein the time of death of the decedent has been entered by a licensed physician, a presumption exists that death occurred at the time stated in the certificate of death.

(b)

A presumption existing pursuant to Section (a) of this Article is sufficient to support a finding as to time of death but may be rebutted through a showing by a preponderance of the evidence that death occurred at some other time.
Added by Acts 1969, 61st Leg., p. 1034, ch. 337, Sec. 1, eff. May 27, 1969.
Art. 38.33. PRESERVATION AND USE OF EVIDENCE OF CERTAIN MISDEMEANOR CONVICTIONS.
Sec. 1. The court shall order that a defendant who is convicted of a felony or a misdemeanor offense that is punishable by confinement in jail have a thumbprint of the defendant’s right thumb rolled legibly on the judgment or the docket sheet in the case. The court shall order a defendant who is placed on deferred adjudication community supervision under Subchapter C, Chapter 42A (Community Supervision), for an offense described by this section to have a thumbprint of the defendant’s right thumb rolled legibly on the order placing the defendant on deferred adjudication community supervision. If the defendant does not have a right thumb, the defendant must have a thumbprint of the defendant’s left thumb rolled legibly on the judgment, order, or docket sheet. The defendant must have a fingerprint of the defendant’s index finger rolled legibly on the judgment, order, or docket sheet if the defendant does not have a right thumb or a left thumb. The judgment, order, or docket sheet must contain a statement that describes from which thumb or finger the print was taken, unless a rolled 10-finger print set was taken. A clerk or bailiff of the court or other person qualified to take fingerprints shall take the thumbprint or fingerprint, either by use of the ink-rolled print method or by use of a live-scanning device that prints the thumbprint or fingerprint image on the judgment, order, or docket sheet.
Sec. 2. This article does not prohibit a court from including in the records of the case additional information to identify the defendant.
Added by Acts 1979, 66th Leg., p. 1851, ch. 751, Sec. 1, eff. Sept. 1, 1979. Sec. 1 amended by Acts 1983, 68th Leg., p. 1586, ch. 303, Sec. 7, eff. Jan. 1, 1984. Amended by Acts 1987, 70th Leg., ch. 721, Sec. 1, eff. Sept. 1, 1987. Sec. 1 amended by Acts 1989, 71st Leg., ch. 603, Sec. 1, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 7.01, eff. Dec. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.09, eff. January 1, 2017.

Source: Article 38.32 — Presumption of Death, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­38.­htm#38.­32 (accessed Apr. 20, 2024).

38.01
Texas Forensic Science Commission 38.02
Effect Under Public Information Law of Release of Certain Information 38.03
Presumption of Innocence 38.04
Jury Are Judges of Facts 38.05
Judge Shall Not Discuss Evidence 38.07
Testimony in Corroboration of Victim of Sexual Offense 38.08
Defendant May Testify 38.10
Exceptions to the Spousal Adverse Testimony Privilege 38.11
Journalist’s Qualified Testimonial Privilege in Criminal Proceedings 38.12
Religious Opinion 38.14
Testimony of Accomplice 38.15
Two Witnesses in Treason 38.16
Evidence in Treason 38.17
Two Witnesses Required 38.18
Perjury and Aggravated Perjury 38.19
Intent to Defraud: Certain Offenses 38.21
Statement 38.23
Evidence Not to Be Used 38.24
Statements Obtained by Investigative Hypnosis 38.25
Written Part of Instrument Controls 38.27
Evidence of Handwriting 38.30
Interpreter 38.31
Interpreters for Deaf Persons 38.32
Presumption of Death 38.34
Photographic Evidence in Theft Cases 38.35
Forensic Analysis of Evidence 38.36
Evidence in Prosecutions for Murder 38.38
Evidence Relating to Retaining Attorney 38.39
Evidence in an Aggregation Prosecution with Numerous Victims 38.40
Evidence of Pregnancy 38.43
Evidence Containing Biological Material 38.44
Admissibility of Electronically Preserved Document 38.45
Evidence Depicting or Describing Abuse of or Sexual Conduct by Child or Minor 38.46
Evidence in Prosecutions for Stalking 38.47
Evidence in Aggregation Prosecution for Fraud or Theft Committed with Respect to Numerous Medicaid or Medicare Recipients 38.48
Evidence in Prosecution for Tampering with Witness or Prospective Witness Involving Family Violence 38.49
Forfeiture by Wrongdoing 38.50
Retention and Preservation of Toxicological Evidence of Certain Intoxication Offenses 38.072
Hearsay Statement of Certain Abuse Victims 38.073
Testimony of Inmate Witnesses 38.075
Corroboration of Certain Testimony Required 38.076
Testimony of Forensic Analyst by Video Teleconference 38.101
Communications by Drug Abusers 38.141
Testimony of Undercover Peace Officer or Special Investigator 38.435
Prohibited Use of Evidence from Forensic Medical Examination Performed on Victim of Sexual Assault 38.451
Evidence Depicting Invasive Visual Recording of Child 38.471
Evidence in Prosecution for Exploitation of Child, Elderly Individual, or Disabled Individual
Green check means up to date. Up to date

Accessed:
Apr. 20, 2024

Art. 38.32’s source at texas​.gov