Texas Code of Criminal Procedure 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.
Terms Used In Texas Code of Criminal Procedure 49.52
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(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.