Tex. Code of Crim. Proc. Article 49.33
Persons Authorized to Consent to Postmortem Examination or Autopsy


Subject to Subsections (b) and (c) of this article, 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 order of priority listed:


the spouse of the decedent;


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;


the adult children of the decedent;


the parents of the decedent; and


the adult siblings of the decedent.


If there is more than one member of a class listed in Subsection (a)(2), (3), (4), or (5) of this article entitled to give consent to a postmortem examination or autopsy, consent may be given by a 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.


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) of this article is reasonably available to give consent or to file an objection to a postmortem examination or autopsy.
Added by Acts 2011, 82nd Leg., R.S., Ch. 950 (H.B. 1009), Sec. 2, eff. September 1, 2011.

Source: Article 49.33 — Persons Authorized to Consent to Postmortem Examination or Autopsy, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­49.­htm#49.­33 (accessed Jun. 5, 2024).

Jun. 5, 2024

Art. 49.33’s source at texas​.gov