H.B. No. 3161         AN ACT   relating to the duties of a justice of the peace, medical examiner,   or other investigator regarding the bodies of unidentified deceased   persons and to the control by certain persons of the disposition of   a deceased person's remains.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 49.01, Code of Criminal Procedure, is   amended to read as follows:          Art. 49.01.  DEFINITIONS.  (a)  In this chapter [article]:                (1)  "Autopsy" means a post mortem examination of the   body of a person, including X-rays and an examination of the   internal organs and structures after dissection, to determine the   cause of death or the nature of any pathological changes that may   have contributed to the death.                (2)  "Inquest" means an investigation into the cause   and circumstances of the death of a person, and a determination,   made with or without a formal court hearing, as to whether the death   was caused by an unlawful act or omission.                (3)  "Inquest hearing" means a formal court hearing   held to determine whether the death of a person was caused by an   unlawful act or omission and, if the death was caused by an unlawful   act or omission, to obtain evidence to form the basis of a criminal   prosecution.                (4)  "Institution" means any place where health care   services are rendered, including a hospital, clinic, health   facility, nursing home, extended-care facility, out-patient   facility, foster-care facility, and retirement home.                (5)  "Physician" means a practicing doctor of medicine   or doctor of osteopathic medicine who is licensed by the Texas State   Board of Medical Examiners under Subtitle B, Title 3, Occupations   Code.          (b)  For purposes of this chapter, a person or body is   considered unidentified if:                (1)  the deceased person's legal name is unknown; and                (2)  there is no known person with the duty to inter the   deceased person's remains under Section 711.002(a), Health and   Safety Code.          SECTION 2.  Article 49.04(a), Code of Criminal Procedure, is   amended to read as follows:          (a)  A justice of the peace shall conduct an inquest into the   death of a person who dies in the county served by the justice if:                (1)  the person dies in prison under circumstances   other than those described by Section 501.055(b), Government Code,   or in jail;                (2)  the person dies an unnatural death from a cause   other than a legal execution;                (3)  the body or a body part of a person is found and   either:                      (A)  the person is identified but [,] the cause or   circumstances of death are unknown[, and:                      [(A) the person is identified]; or                      (B)  the person is unidentified, regardless of   whether the cause or circumstances of death are known;                (4)  the circumstances of the death indicate that the   death may have been caused by unlawful means;                (5)  the person commits suicide or the circumstances of   the death indicate that the death may have been caused by suicide;                (6)  the person dies without having been attended by a   physician;                (7)  the person dies while attended by a physician who   is unable to certify the cause of death and who requests the justice   of the peace to conduct an inquest; or                (8)  the person is a child younger than six years of age   and an inquest is required by Chapter 264, Family Code.          SECTION 3.  Section 6(a), Article 49.25, Code of Criminal   Procedure, is amended to read as follows:          (a)  Any medical examiner, or his duly authorized deputy,   shall be authorized, and it shall be his duty, to hold inquests with   or without a jury within his county, in the following cases:                1.  When a person shall die within twenty-four hours   after admission to a hospital or institution or in prison or in   jail;                2.  When any person is killed; or from any cause dies an   unnatural death, except under sentence of the law;  or dies in the   absence of one or more good witnesses;                3.  When the body or a body part of a person is found and   either:                      (A)  the person is identified but [,] the cause or   circumstances of death are unknown[, and:                      [(A) the person is identified]; or                      (B)  the person is unidentified, regardless of   whether the cause or circumstances of death are known;                4.  When the circumstances of the death of any person   are such as to lead to suspicion that he came to his death by   unlawful means;                5.  When any person commits suicide, or the   circumstances of his death are such as to lead to suspicion that he   committed suicide;                6.  When a person dies without having been attended by a   duly licensed and practicing physician, and the local health   officer or registrar required to report the cause of death under   Section 193.005, Health and Safety Code, does not know the cause of   death.  When the local health officer or registrar of vital   statistics whose duty it is to certify the cause of death does not   know the cause of death, he shall so notify the medical examiner of   the county in which the death occurred and request an inquest;                7.  When the person is a child who is younger than six   years of age and the death is reported under Chapter 264, Family   Code; and                8.  When a person dies who has been attended   immediately preceding his death by a duly licensed and practicing   physician or physicians, and such physician or physicians are not   certain as to the cause of death and are unable to certify with   certainty the cause of death as required by Section 193.004, Health   and Safety Code.  In case of such uncertainty the attending   physician or physicians, or the superintendent or general manager   of the hospital or institution in which the deceased shall have   died, shall so report to the medical examiner of the county in which   the death occurred, and request an inquest.          SECTION 4.  Section 711.002, Health and Safety Code, is   amended by amending Subsection (l) and adding Subsections (l-1) and   (l-2) to read as follows:          (l)  A person listed in Subsection (a) may not control the   disposition of the decedent's remains if:                (1)  [,] in connection with the decedent's death, [an   indictment has been filed charging] the person has been arrested or   an arrest warrant has been issued for the person for [with] a crime   under Chapter 19, Penal Code, that involves family violence against   the decedent; or                (2)  the decedent had filed an application for a   protective order against or with respect to the person under   Subchapter A, Chapter 7B, Code of Criminal Procedure, Article   17.292, Code of Criminal Procedure, Section 6.504, Family Code, or   Subtitle B, Title 4, Family Code, or an order has been issued   against or with respect to the person under one of those provisions.          (l-1)  A person regulated under Chapter 651, Occupations   Code, who knowingly allows a person described by Subsection (l)    [the person charged with a crime] to control the disposition of the   decedent's remains in violation of that [this] subsection commits a   prohibited practice under Section 651.460, Occupations Code, and   the Texas Funeral Service Commission may take disciplinary action   or assess an administrative penalty against the regulated person   under that chapter.          (l-2)  A court with jurisdiction over probate proceedings   shall expedite the proceedings to resolve any dispute over the   right to control the disposition of a decedent's remains among the   persons listed in Subsection (a) if the dispute involves the   control of the disposition of the remains by a prohibited person   described by Subsection (l).          SECTION 5.  Articles 49.01, 49.04, and 49.25, Code of   Criminal Procedure, as amended by this Act, apply only to an   investigation of a death of an unidentified person that commences   on or after the effective date of this Act.  An investigation of the   death of an unidentified person that commences before the effective   date of this Act is governed by the law in effect when the   investigation commenced, and the former law is continued in effect   for that purpose.          SECTION 6.  This Act takes effect September 1, 2023.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 3161 was passed by the House on May 2,   2023, by the following vote:  Yeas 139, Nays 5, 3 present, not   voting; and that the House concurred in Senate amendments to H.B.   No. 3161 on May 25, 2023, by the following vote:  Yeas 136, Nays 0,   1 present, not voting.     ______________________________   Chief Clerk of the House               I certify that H.B. No. 3161 was passed by the Senate, with   amendments, on May 21, 2023, by the following vote:  Yeas 31, Nays   0.     ______________________________   Secretary of the Senate      APPROVED: __________________                   Date                       __________________                 Governor