reglab/statecodes huggingface dataset:
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter . B. Duties Performed by Medical Examiners › Article 49.25. Medical Examiners › Section 7. Reports of Death

Sec. 7. REPORTS OF DEATH.    (a)  Any police officer, superintendent or general manager of an institution, physician, or private citizen who shall become aware of a death under any of the circumstances set out in Section 6(a) of this Article, shall immediately report such death to the office of the medical examiner or to the city or county police departments;  any such report to a city or county police department shall be immediately transmitted to the office of the medical examiner.
(b) A person investigating a death described by Subdivision 3(B) of Section 6(a) 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.
(c) A superintendent or general manager of an institution who reports a death under Subsection (a) must comply with the notice and reporting requirements of Article 49.24.  The office of the attorney general has the same powers and duties provided the office under that article regarding the dissemination and investigation of the report.
(d)  A person investigating a death described by Section 6(a)(3)(B), or the person'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.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter . B. Duties Performed by Medical Examiners › Article 49.25. Medical Examiners › Section 8. Removal of Bodies

Sec. 8. REMOVAL OF BODIES.  When any death under circumstances set out in Section 6 shall have occurred, the body shall not be disturbed or removed from the position in which it is found by any person without authorization from the medical examiner or authorized deputy, except for the purpose of preserving such body from loss or destruction or maintaining the flow of traffic on a highway, railroad or airport.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter . B. Duties Performed by Medical Examiners › Article 49.25. Medical Examiners › Section 9. Autopsy

Sec. 9. AUTOPSY.    (a)  If the cause of death shall be determined beyond a reasonable doubt as a result of the investigation, the medical examiner shall file a report thereof setting forth specifically the cause of death with the district attorney or criminal district attorney, or in a county in which there is no district attorney or criminal district attorney with the county attorney, of the county in which the death occurred.  If in the opinion of the medical examiner an autopsy is necessary, or if such is requested by the district attorney or criminal district attorney, or county attorney where there is no district attorney or criminal district attorney, the autopsy shall be immediately performed by the medical examiner or a duly authorized deputy.  In those cases where a complete autopsy is deemed unnecessary by the medical examiner to ascertain the cause of death, the medical examiner may perform a limited autopsy involving the taking of blood samples or any other samples of body fluids, tissues or organs, in order to ascertain the cause of death or whether a crime has been committed.  In the case of a body of a human being whose identity is unknown, the medical examiner may authorize such investigative and laboratory tests and processes as are required to determine its identity as well as the cause of death.  In performing an autopsy the medical examiner or authorized deputy may use the facilities of any city or county hospital within the county or such other facilities as are made available.  Upon completion of the autopsy, the medical examiner shall file a report setting forth the findings in detail with the office of the district attorney or criminal district attorney of the county, or if there is no district attorney or criminal district attorney, with the county attorney of the county.
(b) A medical examination on an unidentified person shall include the following information to enable a timely and accurate identification of the person:
(1) all available fingerprints and palm prints;
(2) dental charts and radiographs (X-rays) of the person's teeth;
(3) frontal and lateral facial photographs with scale indicated;
(4) notation and photographs, with scale indicated, of a significant scar, mark, tattoo, or item of clothing or other personal effect found with or near the body;
(5) notation of antemortem medical conditions;
(6) notation of observations pertinent to the estimation of time of death;  and
(7) precise documentation of the location of burial of the remains.
(c) A medical examination on an unidentified person may include the following information to enable a timely and accurate identification of the person:
(1) full body radiographs (X-rays);  and
(2) hair specimens with roots.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter . B. Duties Performed by Medical Examiners › Article 49.25. Medical Examiners › Section 10. Disinterments and Cremations

Sec. 10. DISINTERMENTS AND CREMATIONS.  When a body upon which an inquest ought to have been held has been interred, the medical examiner may cause it to be disinterred for the purpose of holding such inquest.
Before any body, upon which an inquest is authorized by the provisions of this Article, can be lawfully cremated, an autopsy shall be performed thereon as provided in this Article, or a certificate that no autopsy was necessary shall be furnished by the medical examiner.  Before any dead body can be lawfully cremated, the owner or operator of the crematory shall demand and be furnished with a certificate, signed by the medical examiner of the county in which the death occurred showing that an autopsy was performed on said body or that no autopsy thereon was necessary.  It shall be the duty of the medical examiner to determine whether or not, from all the circumstances surrounding the death, an autopsy is necessary prior to issuing a certificate under the provisions of this section.  No autopsy shall be required by the medical examiner as a prerequisite to cremation in case death is caused by the pestilential diseases of Asiatic cholera, bubonic plague, typhus fever, or smallpox.  All certificates furnished to the owner or operator of a crematory by any medical examiner, under the terms of this Article, shall be preserved by such owner or operator of such crematory for a period of two years from the date of the cremation of said body.  A medical examiner is not required to perform an autopsy on the body of a deceased person whose death was caused by a communicable disease during a public health disaster.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter . B. Duties Performed by Medical Examiners › Article 49.25. Medical Examiners › Section 10a. Waiting Period Between Death and Cremation

Sec. 10a. WAITING PERIOD BETWEEN DEATH AND CREMATION.  The body of a deceased person shall not be cremated within 48 hours after the time of death as indicated on the regular death certificate, unless the death certificate indicates death was caused by the pestilential diseases of Asiatic cholera, bubonic plague, typhus fever, or smallpox, or unless the time requirement is waived in writing by the county medical examiner or, in counties not having a county medical examiner, a justice of the peace.  In a public health disaster, the commissioner of public health may designate other communicable diseases for which cremation within 48 hours of the time of death is authorized.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter . B. Duties Performed by Medical Examiners › Article 49.25. Medical Examiners › Section 10b. Disposal of Unidentified Body

Sec. 10b. DISPOSAL OF UNIDENTIFIED BODY.  If the body of a deceased person is unidentified, a person may not cremate or direct the cremation of the body under this article.  If the body is buried, the investigating agency responsible for the burial shall record and maintain for not less than 10 years all information pertaining to the body and the location of burial.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter . B. Duties Performed by Medical Examiners › Article 49.25. Medical Examiners › Section 11. Records

Sec. 11.  RECORDS.  (a)  The medical examiner shall keep full and complete records properly indexed, giving the name if known of every person whose death is investigated, the place where the body was found, the date, the cause and manner of death, and shall issue a death certificate.  The full report and detailed findings of the autopsy, if any, shall be a part of the record.  Copies of all records shall promptly be delivered to the proper district, county, or criminal district attorney in any case where further investigation is advisable.  The records may not be withheld, subject to a discretionary exception under Chapter 552, Government Code, except that a photograph or x-ray of a body taken during an autopsy is excepted from required public disclosure in accordance with Chapter 552, Government Code, but is subject to disclosure:
(1)  under a subpoena or authority of other law; or
(2)  if the photograph or x-ray is of the body of a person who died while in the custody of law enforcement.
(b)  Under the exception to public disclosure provided by Subsection (a), a governmental body as defined by Section 552.003, Government Code, may withhold a photograph or x-ray described by Subsection (a) without requesting a decision from the attorney general under Subchapter G, Chapter 552, Government Code.  This subsection does not affect the required disclosure of a photograph or x-ray under Subsection (a)(1) or (2).
(c)  The medical examiner may release a copy of an autopsy report of a deceased person to any organ and tissue procurement organization, hospital, or other covered entity as defined by Section 181.001, Health and Safety Code, that treated the deceased person before death or procured any anatomical gift from the body of the deceased person.  The release of a report under this subsection is not considered a disclosure under Chapter 552, Government Code.  A report obtained under this subsection is confidential and not subject to disclosure under Chapter 552, Government Code.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter . B. Duties Performed by Medical Examiners › Article 49.25. Medical Examiners › Section 12. Transfer of Duties of Justice of Peace

Sec. 12. TRANSFER OF DUTIES OF JUSTICE OF PEACE.  When the commissioners court of any county shall establish the office of medical examiner, all powers and duties of justices of the peace in such county relating to the investigation of deaths and inquests shall vest in the office of the medical examiner.  Any subsequent General Law pertaining to the duties of justices of the peace in death investigations and inquests shall apply to the medical examiner in such counties as to the extent not inconsistent with this Article, and all laws or parts of laws otherwise in conflict herewith are hereby declared to be inapplicable to this Article.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter . B. Duties Performed by Medical Examiners › Article 49.25. Medical Examiners › Section 13. Use of Forensic Anthropologist

Sec. 13. USE OF FORENSIC ANTHROPOLOGIST.  On discovering the body or body part of a deceased person in the circumstances described by Subdivision 3(B) of Section 6(a), the medical examiner may request the aid of a forensic anthropologist in the examination of the body or body part.  The forensic anthropologist must hold a doctoral degree in anthropology with an emphasis in physical anthropology.  The forensic anthropologist shall attempt to establish whether the body or body part is of a human or animal, whether evidence of childbirth, injury, or disease exists, and the sex, race, age, stature, and physical anomalies of the body or body part.  The forensic anthropologist may also attempt to establish the cause, manner, and time of death.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter . B. Duties Performed by Medical Examiners › Article 49.25. Medical Examiners › Section 13A. Fees

Sec. 13A.  FEES.  (a)  A medical examiner may charge reasonable fees for services provided by the office of medical examiner under this article, including cremation approvals, court testimonies, consultations, and depositions.
(b)  The commissioners court must approve the amount of the fee before the fee may be assessed.  The fee may not exceed the amount necessary to provide the services described by Subsection (a).
(c)  The fee may not be assessed against the county's district attorney or a county office.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter . B. Duties Performed by Medical Examiners › Article 49.25. Medical Examiners › Section 14. Penalty

Sec. 14. PENALTY.    (a)  A person commits an offense if the person knowingly violates this article.
(b) An offense under this section is a Class B misdemeanor.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1969, 61st Leg., p. 1033, ch. 336, Sec. 1, eff. May 27, 1969;  Acts 1969, 61st Leg., p. 1619, ch. 500, Sec. 1, eff. June 10, 1969;  Acts 1971, 62nd Leg., p. 1165, ch. 270, Sec. 1, eff. Aug. 30, 1971;  Acts 1975, 64th Leg., p. 1826, ch. 562, Sec. 1, eff. Sept. 1, 1975.
Sec. 6a amended by Acts 1989, 71st Leg., ch. 1205, Sec. 1, eff. June 16, 1989;  Sec. 1 amended by Acts 1991, 72nd Leg., ch. 597, Sec. 58, eff. Sept. 1, 1991;  Sec. 6, subds. 6, 7 amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(66), (67), eff. Sept. 1, 1991;  Sec. 10 amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(69), eff. Sept. 1, 1991;  Sec. 6 amended by Acts 1995, 74th Leg., ch. 255, Sec. 5, eff. Sept. 1, 1995;  amended by Acts 1995, 74th Leg., ch. 878, Sec. 4, eff. Sept. 1, 1995;  Secs. 6, 7, 9 amended by and Sec. 10b added by Acts 1997, 75th Leg., ch. 656, Sec. 6, eff. Sept. 1, 1997;  Sec. 13 added by Acts 1997, 75th Leg., ch. 656, Sec. 6, eff. Sept. 1, 1997;  Sec. 14 renumbered from Sec. 13 and amended by Acts 1997, 75th Leg., ch. 656, Sec. 6, eff. Sept. 1, 1997;  Sec. 11 amended by Acts 1999, 76th Leg., ch. 607, Sec. 2, eff. Sept. 1, 1999;  Sec. 6(a) amended by Acts 2003, 78th Leg., ch. 826, Sec. 6, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1295, Sec. 6;  Sec. 7(a) amended by Acts 2003, 78th Leg., ch. 894, Sec. 3, eff. Sept. 1, 2003;  Sec. 7(c) added by Acts 2003, 78th Leg., ch. 894, Sec. 3, eff. Sept. 1, 2003;  Secs. 10, 10a amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.191, eff. Sept. 1, 2003;  Sec. 13 amended by Acts 2003, 78th Leg., ch. 826, Sec. 7, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1295, Sec. 7, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1341 (S.B. 1233), Sec. 8, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 22 (S.B. 336), Sec. 1, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 25 (S.B. 457), Sec. 1, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1186 (H.B. 3716), Sec. 1, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 250 (H.B. 1419), Sec. 3, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 694 (H.B. 2357), Sec. 1, eff. June 15, 2021.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 13, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 737 (H.B. 3161), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter C. Informed Consent for Postmortem Examination or Autopsy › Article 49.31. Applicability

This subchapter does not apply to an autopsy that:
(1)  is ordered by the Texas Department of Criminal Justice or an authorized official of the department in accordance with Section 501.055, Government Code; or
(2)  a justice of the peace or medical examiner determines is required under this chapter or other law.
Added by Acts 2011, 82nd Leg., R.S., Ch. 950 (H.B. 1009), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter C. Informed Consent for Postmortem Examination or Autopsy › Article 49.32. Consent to Postmortem Examination or Autopsy

(a)  Except as provided by Subsection (b) of this article, a physician may not perform, or assist in the performance of, a postmortem examination or autopsy on the body of a deceased person unless the physician obtains the written informed consent of a person authorized to provide consent under Article 49.33 of this code.  The consent must be provided on the form prescribed under Article 49.34 of this code.
(b)  If, after due diligence, a physician is unable to identify or contact a person authorized to give consent under Article 49.33 of this code, the physician may, as authorized by a medical examiner, justice of the peace, or county judge, as appropriate, perform a postmortem examination or autopsy on the body of a deceased person not less than 24 hours and not more than 48 hours from the time of the decedent's death or the time the physician or other person took possession of the body.
Added by Acts 2011, 82nd Leg., R.S., Ch. 950 (H.B. 1009), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter C. Informed Consent for Postmortem Examination or Autopsy › Article 49.33. Persons Authorized to Consent to Postmortem Examination or Autopsy

(a)  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:
(1)  the spouse of the decedent;
(2)  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;
(3)  the adult children of the decedent;
(4)  the parents of the decedent; and
(5)  the adult siblings of the decedent.
(b)  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.
(c)  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.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter C. Informed Consent for Postmortem Examination or Autopsy › Article 49.34. Postmortem Examination or Autopsy Consent Form

The commissioner of state health services, in consultation with the Texas Medical Board, shall prescribe a standard written consent form for a postmortem examination or autopsy.  The form must:
(1)  include the name of the hospital or other institution and the department that will perform the examination or autopsy;
(2)  include a statement that the removal from the deceased person's body and retention by the physician of organs, fluids, prosthetic devices, or tissue may be required for purposes of comprehensive evaluation or accurate determination of a cause of death;
(3)  provide the family of the deceased person with an opportunity to place restrictions or special limitations on the examination or autopsy;
(4)  include a separate section regarding the disposition of organs, fluids, prosthetic devices, or tissue after the examination or autopsy, including a prioritized list of the persons authorized to control that disposition, as provided by Chapter 692A, Health and Safety Code;
(5)  provide for documented and witnessed consent;
(6)  allow authorization for the release of human remains to a funeral home or individual designated by the person giving consent for the postmortem examination or autopsy;
(7)  include information regarding the rights described by Article 49.35 of this code;
(8)  list the circumstances under which a medical examiner is required by law to conduct an investigation, inquest, or autopsy under Article 49.25 of this code;
(9)  include a statement that the form is required by state law; and
(10)  be written in plain language designed to be easily understood by the average person.
Added by Acts 2011, 82nd Leg., R.S., Ch. 950 (H.B. 1009), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter C. Informed Consent for Postmortem Examination or Autopsy › Article 49.35. Right to Nonaffiliated Physician

(a)  A person authorized to consent to a postmortem examination or autopsy under Article 49.33 of this code may request that a physician who is not affiliated with the hospital or other institution where the deceased person died:
(1)  perform the postmortem examination or autopsy at another hospital or institution; or
(2)  review the postmortem examination or autopsy conducted by a physician affiliated with the hospital or other institution where the deceased person died.
(b)  A representative of the hospital or other institution shall inform the person of the person's right to request the performance or review of a postmortem examination or autopsy by a nonaffiliated physician under Subsection (a) before the person consents to the postmortem examination or autopsy.
(c)  A person requesting a nonaffiliated physician to perform or review a postmortem examination or autopsy shall bear the additional costs incurred as a result of the nonaffiliated physician's performance or review of the examination or autopsy under Subsection (a) of this article.
Added by Acts 2011, 82nd Leg., R.S., Ch. 950 (H.B. 1009), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter D. Right of Parent of Deceased Person to View Person's Body › Article 49.51. Definitions

In this subchapter:
(1)   Repealed by Acts 2019, 86th Leg., R.S., Ch. 748 (H.B. 881), Sec. 4, eff. September 1, 2019.
(2)  "Parent" has the meaning assigned by Section 160.102(11), Family Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 777 (S.B. 239), Sec. 1, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 748 (H.B. 881), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 49 - Inquests Upon Dead Bodies › Subchapter D. Right of Parent of Deceased Person to View Person's Body › Article 49.52. Right of Parent of Deceased Person to View Person's Body

(a)  Except as provided by Subsection (b) or (c), a parent of a deceased person is entitled to view the person's body before a justice of the peace or the medical examiner, as applicable, for the county in which the death occurred assumes control over the body under Subchapter A or B, as applicable. If the person's death occurred at a hospital or other health care facility, the viewing may be conducted at the hospital or facility.
(b)  A parent of a deceased person may not view the person's body after a justice of the peace or medical examiner described by Subsection (a) assumes control over the body under Subchapter A or B, as applicable, unless the parent first obtains the consent of the justice of the peace or medical examiner or a person acting on behalf of the justice of the peace or medical examiner.
(c)  A viewing of the body of a deceased person under this article whose death is determined to be subject to an inquest under Article 49.04 or 49.25, as applicable, must be conducted in compliance with the following conditions:
(1)  the viewing must be supervised by:
(A)  if law enforcement has assumed control over the body at the time of the viewing, an appropriate peace officer or, with the officer's consent, a person described by Paragraph (B); or
(B)  a physician, registered nurse, or licensed vocational nurse or the justice of the peace or the medical examiner or a person acting on behalf of the justice of the peace or medical examiner;
(2)  a parent of the deceased person may not have contact with the person's body unless the parent first obtains the consent of the justice of the peace or medical examiner or a person acting on behalf of the justice of the peace or medical examiner; and
(3)  a person may not remove a medical device from the deceased person's body or otherwise alter the condition of the body for purposes of conducting the viewing unless the person first obtains the consent of the justice of the peace or medical examiner or a person acting on behalf of the justice of the peace or medical examiner.
Added by Acts 2017, 85th Leg., R.S., Ch. 777 (S.B. 239), Sec. 1, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 748 (H.B. 881), Sec. 2, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 748 (H.B. 881), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 50 - Fire Inquests › Article 50.01. Investigations

When an affidavit is made by a credible person before any justice of the peace that there is ground to believe that any building has been unlawfully set or attempted to be set on fire, such justice shall cause the truth of such complaint to be investigated.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 50 - Fire Inquests › Article 50.02. Proceedings

The proceedings in such case shall be governed by the laws relating to inquests upon dead bodies.  The officer conducting such investigations shall have the same powers as are conferred upon justices of the peace in the preceding Articles of this Chapter.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 50 - Fire Inquests › Article 50.03. Verdict in Fire Inquest

The jury after inspecting the place in question and after hearing the testimony, shall deliver to the justice holding such inquest its written signed verdict in which it shall find and certify how and in what manner such fire happened or was attempted, and all the circumstances attending the same, and who are guilty thereof, and in what manner.  If such a jury is unable to so ascertain, it shall find and certify accordingly.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 968, ch. 399, Sec. 2(A), eff. Jan. 1, 1974.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 50 - Fire Inquests › Article 50.04. Witnesses Bound Over

If the jury finds that any building has been unlawfully set on fire or has been attempted so to be, the justice holding such inquest shall bind over the witnesses to appear and testify before the next grand jury of the county in which such offense was committed.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 50 - Fire Inquests › Article 50.05. Warrant for Accused

If the person charged with the offense, if any, be not in custody, the justice of the peace shall issue a warrant for his arrest, and when arrested, such person shall be dealt with as in other like cases.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 50 - Fire Inquests › Article 50.06. Testimony Written Down

In all such investigations, the testimony of all witnesses examined before the jury shall be reduced to writing by or under the direction of the justice and signed by each witness.  Such testimony together with the verdict and all bail bonds taken in the case shall be certified to and returned by the justice to the next district or criminal district court of his county.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 50 - Fire Inquests › Article 50.07. Compensation

The pay of the officers and jury making such investigation shall be the same as that allowed for the holding of an inquest upon a dead body, so far as applicable, and shall be paid in like manner.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 51 - Fugitives From Justice › Article 51.01. Delivered Up

A person in any other State of the United States charged with treason or any felony who shall flee from justice and be found in this State, shall on demand of the executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 51 - Fugitives From Justice › Article 51.02. To Aid in Arrest

All peace officers of the State shall give aid in the arrest and detention of a fugitive from any other State that he may be held subject to a requisition by the Governor of the State from which he fled.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 51 - Fugitives From Justice › Article 51.03. Magistrate's Warrant

When a complaint is made to a magistrate that any person within his jurisdiction is a fugitive from justice from another State, he shall issue a warrant of arrest directing a peace officer to apprehend and bring the accused before him.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 51 - Fugitives From Justice › Article 51.04. Complaint

The complaint shall be sufficient if it recites:
1. The name of the person accused;
2. The State from which he has fled;
3. The offense committed by the accused;
4. That he has fled to this State from the State where the offense was committed;  and
5. That the act alleged to have been committed by the accused is a violation of the penal law of the State from which he fled.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 51 - Fugitives From Justice › Article 51.05. Bail or Commitment

When the accused is brought before the magistrate, he shall hear proof, and if satisfied that the accused is charged in another State with the offense named in the complaint, he shall require of him bail with sufficient security, in such amount as the magistrate deems reasonable, to appear before such magistrate at a specified time.  In default of such bail, he may commit the defendant to jail to await a requisition from the Governor of the State from which he fled.  A properly certified transcript of an indictment against the accused is sufficient to show that he is charged with the crime alleged.  One arrested under the provisions of this title shall not be committed or held to bail for a longer time than ninety days.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 51 - Fugitives From Justice › Article 51.06. Notice of Arrest

The magistrate who held or committed such fugitive shall immediately notify the Secretary of State and the district or county attorney of his county of such fact and the date thereof, stating the name of such fugitive, the State from which he fled, and the crime with which he is charged;  and such officers so notified shall in turn notify the Governor of the proper State.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 51 - Fugitives From Justice › Article 51.07. Discharge

A fugitive not arrested under a warrant from the Governor of this State before the expiration of ninety days from the day of his commitment or the date of the bail shall be discharged.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 51 - Fugitives From Justice › Article 51.08. Second Arrest

A person who has once been arrested under the provisions of this title and discharged under the provisions of the preceding Article or by habeas corpus shall not be again arrested upon a charge of the same offense, except by a warrant from the Governor of this State.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 51 - Fugitives From Justice › Article 51.09. Governor May Demand Fugitive

When the Governor deems it proper to demand a person who has committed an offense in this State and has fled to another State, he may commission any suitable person to take such requisition.  The accused, if brought back to the State, shall be delivered up to the sheriff of the county in which it is alleged he has committed the offense.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 51 - Fugitives From Justice › Article 51.10. Pay of Agent; Traveling Expenses › Section 1.

Sec. 1. The officer or person so commissioned shall receive as compensation the actual and necessary traveling expenses upon requisition of the Governor to be allowed by such Governor and to be paid out of the State Treasury upon a certificate of the Governor reciting the services rendered and the allowance therefor.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 51 - Fugitives From Justice › Article 51.10. Pay of Agent; Traveling Expenses › Section 2.

Sec. 2. The commissioners court of the county where an offense is committed may in its discretion, on the request of the sheriff and the recommendation of the district attorney, pay the actual and necessary traveling expenses of the officer or person so commissioned out of any fund or funds not otherwise pledged.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 51 - Fugitives From Justice › Article 51.11. Reward

The Governor may offer a reward for the apprehension of one accused of a felony in this State who is evading arrest, by causing such offer to be published in such manner as he deems most likely to effect the arrest.  The reward shall be paid out of the State Treasury to the person who becomes entitled to it upon a certificate of the Governor reciting the facts which entitle such person to receive it.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 51 - Fugitives From Justice › Article 51.12. Sheriff to Report

Each sheriff upon the close of any regular term of the district or criminal district court in his county, or within thirty days thereafter, shall make out and mail to the Director of the Department of Public Safety a certified list of all persons, who, after indictment for a felony, have fled from said county.  Such lists shall contain the full name of each such fugitive, the offense with which he is charged, and a description giving his age, height, weight, color and occupation, the complexion of the skin and the color of eyes and hair, and any peculiarity in person, speech, manner or gait that may serve to identify such person so far as the sheriff may be able to give them.  The Director of the Department of Public Safety shall prescribe and forward to all sheriffs the necessary blanks upon which are to be made the lists herein required.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 51 - Fugitives From Justice › Article 51.13. Uniform Criminal Extradition Act › Section 1. Definitions

Sec. 1. DEFINITIONS.  Where appearing in this Article, the term "Governor" includes any person performing the functions of Governor by authority of the laws of this State.  The term "Executive Authority" includes the Governor, and any person performing the functions of Governor in a State other than this State, and the term "State", referring to a State other than this State, includes any other State organized or unorganized of the United States of America.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 51 - Fugitives From Justice › Article 51.13. Uniform Criminal Extradition Act › Section 2. Fugitives From Justice; Duty of Governor

Sec. 2. FUGITIVES FROM JUSTICE;  DUTY OF GOVERNOR.  Subject to the provisions of this Article, the provisions of the Constitution of the United States controlling, and any and all Acts of Congress enacted in pursuance thereof, it is the duty of the Governor of this State to have arrested and delivered up to the Executive Authority of any other State of the United States any person charged in that State with treason, felony, or other crime, who has fled from justice and is found in this State.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 51 - Fugitives From Justice › Article 51.13. Uniform Criminal Extradition Act › Section 3. Form of Demand

Sec. 3. FORM OF DEMAND.  No demand for the extradition of a person charged with crime in another State shall be recognized by the Governor unless in writing, alleging, except in cases arising under Section 6, that the accused was present in the demanding State at the time of the commission of the alleged crime, and that thereafter he fled from the State, and accompanied by a copy of an indictment found or by information supported by affidavit in the State having jurisdiction of the crime, or by a copy of an affidavit before a magistrate there, together with a copy of any warrant which issued thereupon;  or by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the Executive Authority of the demanding State that the person claimed has escaped from confinement or has broken the terms of his bail, probation or parole.  The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that State;  and the copy of indictment, information, affidavit, judgment of conviction or sentence must be authenticated by the Executive Authority making the demand;  provided, however, that all such copies of the aforesaid instruments shall be in duplicate, one complete set of such instruments to be delivered to the defendant or to his attorney.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 51 - Fugitives From Justice › Article 51.13. Uniform Criminal Extradition Act › Section 4. Governor May Investigate Case

Sec. 4. GOVERNOR MAY INVESTIGATE CASE.  When a demand shall be made upon the Governor of this State by the Executive Authority of another State for the surrender of a person so charged with crime, the Governor may call upon the Secretary of State, Attorney General or any prosecuting officer in this State to investigate or assist in investigating the demand, and to report to him the situation and circumstances of the person so demanded, and whether he ought to be surrendered.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 51 - Fugitives From Justice › Article 51.13. Uniform Criminal Extradition Act › Section 5. Extradition of Persons Imprisoned or Awaiting Trial in Another State or Who Have Left the Demanding State Under Compulsion

Sec. 5. EXTRADITION OF PERSONS IMPRISONED OR AWAITING TRIAL IN ANOTHER STATE OR WHO HAVE LEFT THE DEMANDING STATE UNDER COMPULSION.  When it is desired to have returned to this State a person charged in this State with a crime, and such person is imprisoned or is held under criminal proceedings then pending against him in another State, the Governor of this State may agree with the Executive Authority of such other State for the extradition of such person before the conclusion of such proceedings or his term of sentence in such other State, upon condition that such person be returned to such other State at the expense of this State as soon as the prosecution in this State is terminated.
The Governor of this State may also surrender on demand of the Executive Authority of any other State any person in this State who is charged in the manner provided in Section 23 of this Act with having violated the laws of the State whose Executive Authority is making the demand, even though such person left the demanding State involuntarily.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 51 - Fugitives From Justice › Article 51.13. Uniform Criminal Extradition Act › Section 6. Extradition of Persons Not Present in Demanding State at Time of Commission of Crime

Sec. 6. EXTRADITION OF PERSONS NOT PRESENT IN DEMANDING STATE AT TIME OF COMMISSION OF CRIME.  The Governor of this State may also surrender, on demand of the Executive Authority of any other State, any person in this State charged in such other State in the manner provided in Section 3 with committing an act in this State, or in a third State, intentionally resulting in a crime in the State whose Executive Authority is making the demand, and the provisions of this Article not otherwise inconsistent, shall apply to such cases, even though the accused was not in that State at the time of the commission of the crime, and has not fled therefrom.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 51 - Fugitives From Justice › Article 51.13. Uniform Criminal Extradition Act › Section 7. Issue of Governor's Warrant of Arrest; Its Recitals

Sec. 7. ISSUE OF GOVERNOR'S WARRANT OF ARREST;  ITS RECITALS.  If the Governor decides that the demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with the state seal and be directed to any peace officer or other person whom he may think fit to entrust with the execution thereof.  The warrant must substantially recite the facts necessary to the validity of its issuance.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 51 - Fugitives From Justice › Article 51.13. Uniform Criminal Extradition Act › Section 8. Manner and Place of Execution

Sec. 8. MANNER AND PLACE OF EXECUTION.  Such warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where he may be found within the State and to command the aid of all peace officers and other persons in the execution of the warrant, and to deliver the accused, subject to the provisions of this Article to the duly authorized agent of the demanding State.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 51 - Fugitives From Justice › Article 51.13. Uniform Criminal Extradition Act › Section 9. Authority of Arresting Officer

Sec. 9. AUTHORITY OF ARRESTING OFFICER.  Every such peace officer or other person empowered to make the arrest, shall have the same authority, in arresting the accused, to command assistance therein, as peace officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse their assistance.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 51 - Fugitives From Justice › Article 51.13. Uniform Criminal Extradition Act › Section 10. Rights of Accused Person; Application for Writ of Habeas Corpus

Sec. 10.  RIGHTS OF ACCUSED PERSON; APPLICATION FOR WRIT OF HABEAS CORPUS.  (a)  No person arrested upon such warrant shall be delivered over to the agent whom the Executive Authority demanding him shall have appointed to receive him unless he shall first be taken forthwith before a judge of a court of record in this State, or before a justice of the peace serving a precinct that is located in a county bordering another state, who shall inform him of the demand made for his surrender and of the crime with which he is charged, and that he has the right to demand and procure legal counsel; and if the prisoner or his counsel shall state that he or they desire to test the legality of his arrest, the judge of the court of record shall fix a reasonable time to be allowed the prisoner in which to apply for a writ of habeas corpus, or the justice of the peace shall direct the prisoner to a court of record for purposes of obtaining such a writ.  When the writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the said agent of the demanding State.
(b)  Before a justice of the peace who is not an attorney may perform a duty or function permitted by Subsection (a), the justice must take, through the Texas Justice Court Training Center, a training course that focuses on extradition law.  The center shall develop a course to satisfy the requirements of this subsection.
(c)  Each justice of the peace who performs a duty or function permitted by Subsection (a) shall ensure that the applicable proceeding is transcribed or videotaped and that the record of the proceeding is retained in the records of the court for at least 270 days.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 51 - Fugitives From Justice › Article 51.13. Uniform Criminal Extradition Act › Section 11. Penalty for Non-Compliance With Preceding Section

Sec. 11. PENALTY FOR NON-COMPLIANCE WITH PRECEDING SECTION.  Any officer who shall deliver to the agent for extradition of the demanding State a person in his custody under the Governor's warrant, in wilful disobedience to Section 10 of this Act, shall be guilty of a misdemeanor and, on conviction, shall be fined not more than one thousand dollars or be imprisoned not more than six months, or both.