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Texas Code of Criminal Procedure - CRIM P Art. § 49A.118. Cremation

Current as of January 01, 2024 | Updated by Findlaw Staff

<Text of article effective April 1, 2027. >

(a) A body on which an inquest is authorized by this subchapter may not be cremated unless the body is identified and:

(1) an autopsy was performed as provided by this subchapter;  or

(2) an autopsy was not necessary.

(b) Before a body may be cremated, the owner or operator of the crematory shall demand, and the medical examiner of the county in which the death occurred shall provide, a certificate that is signed by the medical examiner and that shows:

(1) an autopsy was performed on the body;  or

(2) an autopsy was not necessary.

(c) Before providing a certificate under Subsection (b), the medical examiner shall determine whether, from all the circumstances surrounding the death, an autopsy is necessary.

(d) The owner or operator of a crematory shall preserve a certificate provided by a medical examiner under this article for a period of two years after the cremation date for the body.

(e) An autopsy by the medical examiner is not required as a prerequisite to cremation if the person's death was caused by:

(1) Asiatic cholera;

(2) bubonic plague;

(3) typhus fever;  or

(4) smallpox.

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Cite this article: FindLaw.com - Texas Code of Criminal Procedure - CRIM P Art. § 49A.118. Cremation - last updated January 01, 2024 | https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-49a-118/

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