Texas Transportation Code, Chapter 724 – Implied Consent

Texas Transportation Code, § 724.014
PERSON INCAPABLE OF REFUSAL

  1. A person who is dead, unconscious, or otherwise incapable of refusal is considered not to have withdrawn the consent provided by Section 724.011.
  2. 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.
  3. 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.

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