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Texas Code of Criminal Procedure

§ 49.09 — BODY DISINTERRED OR CREMATED

CR § 49.09Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 49. INQUESTS UPON DEAD BODIES · Art. A. DUTIES PERFORMED BY JUSTICES OF THE PEACE

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(a)If a body or body part subject to investigation under Article 49.04 of this code is interred and an authorized person has not conducted an inquest required under this subchapter, a justice of the peace may direct the disinterment of the body or body part in order to conduct an inquest.
(b)A person may not cremate or direct the cremation of a body subject to investigation under Article 49.04 unless the body is identified and the person has received from the justice of the peace a certificate signed by the justice stating that:
(1)an autopsy was performed on the body under Article 49.10 of this code; or
(2)no autopsy was necessary.
(c)An owner or operator of a crematory shall retain a certificate received under Subsection (b) of this article for a period of 10 years from the date of cremation of the body named on the certificate.
(d)A person commits an offense if the person cremates or directs the cremation of a body without obtaining a certificate from a justice of the peace as required by Subsection (b) of this article. An offense under this section is a Class B misdemeanor.

Source: Texas Code of Criminal Procedure § 49.09 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.