Art. 49.19. WARRANT OF ARREST. (a) A justice of the peace who is conducting an inquest of a death under this subchapter may issue a warrant for the arrest of a person suspected of causing the death if: (1) the justice has knowledge that the person caused the death of the deceased; (2) the justice receives an affidavit stating that the person caused the death; or (3) evidence is adduced at an inquest hearing that shows probable cause to believe the person caused the death. (b) A peace officer who receives an arrest warrant issued by a justice of the peace shall: (1) execute the warrant without delay; and (2) detain the person arrested until the person's discharge is ordered by the justice of the peace or other proper authority. (c) A person who is charged in a death and arrested under a warrant of a justice of the peace shall remain in the custody of the arresting peace officer and may not be removed from the peace officer's custody on the authority of a warrant from another magistrate. A person charged in a death who has not been arrested under a warrant of a justice of the peace may be arrested on the order of a magistrate other than the justice of the peace and examined by that magistrate while an inquest is pending.
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