§724.013. PROHIBITION ON TAKING SPECIMEN IF PERSON REFUSES; EXCEPTION.

Except as provided by Section 724.012(b), a specimen may not be taken if a person refuses to submit to the taking of a specimen designated by a peace officer.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.

§ 724.014. PERSON INCAPABLE OF REFUSAL

(a) A person who is dead, unconscious, or otherwise incapable of refusal is considered not to have withdrawn the consent provided by Section 724.011.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 Section 724.016 or 724.017 if there is not a county medical examiner for the county.
     
(c) If the person is alive but is incapable of refusal, a specimen may be taken by a person authorized under Section 724.016 or 724.017.
   
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.