January 4, 1968
Hon. John Kinross-Wright Opinion NO. ~-178
Commissioner, Texas Department
of Mental Health & Mental Re: Responsibility for burial
Retardation of indigent patients who
Box S, Capitol Station die while on furlough from
Austin, Texas 78711 a state hospital or while
in a state hospital.
Dear Dr. Kinross-Wright:
In your request for an opinion from this office, you
state the following:
'Our department has an increasing number
of Its elderly patients who are furloughed to
licensed nursing homes with funds available
through the State Department of Public Welfare.
We are advised that such Public Welfare bene-
fits do not Include any funds for the burial
of such indigent furloughed patients.
"In attempting to determine where the
responsibility for such burial arrangements
and costs belong we noted that Article 912a-
20, V.C.S. appears to place such burden on
the County in which the death occurs, but it
has been held In Attorney General's Opinion
No. O-2392 that the State was impliedly ob-
ligated to shoulder this responsibility under
provisions of Art. 3241 V.C.S. which is almost
identical language to the present Art. 3196a
under which this department functions.
"Please advise us who is authorized and
required to bury indigent patients who die:
"(a) While on furlough from a state
hospital?
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Hon. John Kinross-Wright, page 2 (M-178)
"(b) While in a state hospital?"
Article 912a-20 and Article 2351, Section 12, Ver-
non's Civil Statutes, state that the Commissioners Court shall
provide for the burial of paupers. However, in Article 3196a,
Vernon's Civil Statutes, relative to indigent patients admitted
to state hospitals, the statute provides as follows:
"Section 1. Patients admitted to State
hospitals and State psychopathic hospitals
shall be of two classes, to wit:
"Indigent patients;
"Non-indigent patients;
"Indigent patients are those who possess
no property of any kind nor have anyone legally
responsible for their support, and who are un-
able to reimburse the State. This class shall
be supported at the expense of the State."
In Attorney General's Opinion No. O-2392 (1940) a
similar statute (Article 3241, Vernon's Civil Statutes) was
construed to make the State and not the county liable for the
burial of public indigent patients who reside in the county and
die in the State sanitarium. In your request you stated that
you have a copy of this opinion.
The reasoning of Attorney General's Opinion No. O-2392
and the authority cited therein, control the questions
$%$)consideration It is therefore the opinion of this office
that it is the obligation of the State to bury indigent patients
who die while In a State hospital or on furlough from a State
hospital.
SUMMARY
Under the provisions of Article 3196a, Ver-
non's Civil Statutes, It is the obligation of
the State of Texas to bury indigent patients
who die while in a State hospital or while on
furlough from a State hospital.
VJ truly yours,
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L -
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Hon. John Klnross-Wright, page 3 (M-178)
Prepared by Jack Sparks
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Hawthorne Phillips, Chairman
Kerns Taylor, Co-Chairman
W. V. Geppert
Bill Allen
Z. T. Fortescue
Pat Cain
A. J, CARUBBI, JR,
Staff Legal Assistant
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