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(a) A person who is dead, unconscious, or otherwise incapable of refusal is considered not to have withdrawn the consent provided by Section 724.011.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