MB was pronounced deceased at the scene by Justice of the Peace
At 5 a.m. Monday morning, Midlothian police and EMS personnel were called to the Creekside Church of Christ, located in the 5400 block of east U.S. Highway 287. Upon arrival, police officers found EMS personnel attending to an unresponsive woman who has been identified at Terri “Missy” Bevers, 45. Bevers, who was declared dead at the scene by Ellis County Justice of the Peace Bill Woody, was a fitness instructor with Camp Gladiator, said police chief Carl Smith
http://www.waxahachietx.com/article/20160418/NEWS/160419438
CODE OF CRIMINAL PROCEDURE
http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.49.htm
TITLE 1. CODE OF CRIMINAL PROCEDURE
CHAPTER 49. INQUESTS UPON DEAD BODIES
SUBCHAPTER A. DUTIES PERFORMED BY JUSTICES OF THE PEACE
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.
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Art. 49.03. POWERS AND DUTIES. The powers granted and duties imposed on a justice of the peace under this article are independent of the powers and duties of a law enforcement agency investigating a death.
Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1, 1987.
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Art. 49.04. DEATHS REQUIRING AN INQUEST. (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:
*as would relate in this case only since she was not in an institution or prison**
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, the cause or circumstances of death are unknown, and:
(A) the person is identified; or
(B) the person is unidentified;
(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;
Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1, 1987; Subsec. (a) amended by Acts 1995, 74th Leg., ch. 255, Sec. 3, eff. Sept. 1, 1995; amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.105, eff. Sept. 1, 1995; amended by Acts 1995, 74th Leg., ch. 878, Sec. 2, eff. Sept. 1, 1995; Subsec. (a) amended by and Subsec. (d) added by Acts 1997, 75th Leg., ch. 656, Sec. 1, eff. Sept. 1, 1997; Subsec. (a) amended by Acts 1999, 76th Leg., ch. 785, Sec. 2, eff. Sept. 1, 1999; Subsec. (a) amended by Acts 2003, 78th Leg., ch. 826, Sec. 1, eff. Sept. 1, 2003 and Acts 2003, 78th Leg., ch. 1295, Sec. 1, eff. Sept. 1, 2003.
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Art. 49.05. TIME AND PLACE OF INQUEST; REMOVAL OF PROPERTY AND BODY FROM PLACE OF DEATH. (a) A justice of the peace shall conduct an inquest immediately or as soon as practicable after the justice receives notification of the death.
(b) A justice of the peace may conduct an inquest:
(1) at the place where the death occurred;
(2) where the body was found; or
(3) at any other place determined to be reasonable by the justice.
(c) A justice of the peace may direct the removal of a body from the scene of death or move any part of the physical surroundings of a body only after a law enforcement agency is notified of the death and a peace officer has conducted an investigation or, if a law enforcement agency has not begun an investigation, a reasonable time has elapsed from the time the law enforcement agency was notified.
(d) A law enforcement agency that is notified of a death requiring an inquest under Article 49.04 of this code shall begin its investigation immediately or as soon as practicable after the law enforcement agency receives notification of the death.
(e) Except in emergency circumstances, a peace officer or other person conducting a death investigation for a law enforcement agency may not move the body or any part of the physical surroundings of the place of death without authorization from a justice of the peace.
(f) A person not authorized by law to move the body of a decedent or any part of the physical surroundings of the body commits an offense if the person tampers with a body that is subject to an inquest under Article 49.04 of this code or any part of the physical surroundings of the body. An offense under this section is punishable by a fine in an amount not to exceed $500.
Amended by Acts 1987, 70th Leg., ch. 529, Sec. 1, eff. Sept. 1, 1987.
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