Art. 49A.072 WARRANT OF ARREST

(a) A justice of the peace who is conducting an inquest into a person's 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 suspect caused the death;

(2) the justice receives an affidavit stating that the suspect caused the death; or

(3) evidence is adduced at an inquest hearing that shows probable cause to believe the suspect caused the death.

(b) A peace officer who receives an arrest warrant issued by a justice of the peace shall:

(1) execute the warrant immediately; and

(2) detain the arrested person until the arrested 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 issued by a justice of the peace shall remain in the custody of the arresting peace officer. A warrant issued by another magistrate is not sufficient authority to remove the arrested person from the peace officer's custody.

(d) A person charged in a death who has not been arrested under a warrant issued by 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.

(e) A warrant of arrest issued under Subsection (a) is sufficient if it:

(1) is issued in the name of "The State of Texas";

(2) specifies the name of the person whose arrest is ordered or, if the person's name is unknown, reasonably describes the person;

(3) recites in plain language the offense with which the person is charged; and

(4) is signed and dated by a justice of the peace.