(a) A person who is dead, unconscious, or otherwise incapable of refusal is considered not to have withdrawn the consent provided by § 724.011.
(b) If the person is dead, a specimen may be taken by:
(1) the county medical examiner or the examiner’s designated agent; or
(2) a licensed mortician or a person authorized under § 724.016 or 724.017 if there is not a county medical examiner for the county.

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Terms Used In Texas Transportation Code 724.014

  • 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) If the person is alive but is incapable of refusal, a specimen may be taken by a person authorized under § 724.016 or 724.017.