.
March 31. 1987
Andrev P. Payer, Ph.D. Opinion No. .JM-663
Secretary/Treasurer of the
Anatomical Board of the State Rc: Whether the Texas Anatomical
of Texas Board may transport dead bodies
University of Texas Medical Branch out of the United States
Galveston, Texas 77550
Dear Dr. Payer:
You ask whether the Anatomical Board of the State of Texas has
authority to transfer dead bodies outside of the United,States.
The legislature created the.Anatomical Board for the purpose of
distributing and delivering dead human bodies to institutions and
individuals authorized to receive them. V.T.C.S. art. 4503a. 52(a).
Article 6505. V.T.C.S.. governs the distribution of dead bodies:
(a) The board, or their duly authorized
agents, may take and receive such bodies so
delivered as aforesaid, and shall, upon receiving
them. distribute and deliver them to and among the
schools, colleges, pbyaiciam and surgeons afore-
said, including chiropractic colleges, in the
manner f 0 lloving : Thoec bodies needed for lecture
and demonstration in the said incorporated schools
and colleger~ .&all first be supplied; the
remainlag bodies ahall then be distributed
proportionately and equitably, the number assigned
to each to be baaed upon the number of students
receiving instruction or demonstration in normal
or morbid anatomy and opcrativc’ surgery. which
number shall be certified by the dean of each
school or college to the board at such tlmee as it
may direct. Instead of receiving and delivering
said bodies themselves through their agent or
servant. ,the add board may. from time to time,
either directly or by their designated officer or
agent authorize ~phyeiciana and surge- to receive
them, and the number which each shall receive.
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Dr. Andrew F. Payer - Page 2
(b) The board may receive a body transported
to the board from outside this state.
(c) The board may transport a body to another
state in which there Is a shortage of bodies If
the other state has agreed to ship bodies to this
state when the other state has a surplus of bodies
and the board determines that there is a shortage
of them in this state and if:
(1) the body is that of a person vho, prior to
death. in compliance vlth Article 4584, Revised
Statutes, bequeathed his body for the purpose of
enhancement of medical science and at the time of
the bequest authorized the board to transport the
body outside of this state; or
(2) the body vas donated in compliance with
the Texas Anatomical Gift Act (Article 4590-2.
Vernon’s Texas Civil Statutes) and the person
authorized by Subsection (b) of Section 3 of that
Act to make the donation also authorized the
board to transport the body outside of this state.
(Emphasis added).
See also V.T.C.S. art. 4586 (regulations for transporting dead
bodies); art. 4587 (regulations governing dissection of bodies).
An administrative agency has no inherent povers. See Board of
Insurance Commissioners v. Guardian Life Insurance Co.380 S.W.2d
906, 908 (Tu. 1944). Agencies may only exirclse those powers granted
by statute. together with those necessarily implied from the statutory
authority conferred or duties imposed. City of Sherman v. Public
Utility Cos~ission, 643 S.U.Zd 681. 686 (Tex. 1983). Article 4585(c)
states that the board may transport
a body to another state in vhich there is a
shortage of bodies if the other state has agreed
to ship bodies to this state vhen the other state
has a surplus of bodies and the board deter-
mines that there is a shortage of them in this
state. . . . (Emphasis added).
We think that the “state” in those provisions means a state in the
United States. See Big 8. Auto Auction, Inc. V. Saenz Motors, 665
S.W.Zd 756 (Tex.1984) (if legislature does not define a statutory
term, its ordinary meaning applies). The legislature used the phrase
“outside of this state” several times in article 4585. but in
describing the destinations to vhich the board could send bodies it
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Dr. Andrew F. Payer - Page 3
chose the phrase "to another state.” If the legislature had Intended
to give the board authority to send bodies aqwbcre in the vorld, it
could have used the phrase it had already used several times in
article 4585 and provided that the board could ship dead bodies
"outside of the state." Therefore, we conclude that the Anatomical
Board has uo authority to send dead bodies to foreign countries.
SUtfMARY
The Anatomical Board of the State of Texas
has no authority to transport dead bodies to
foreign countries.
Ll h.eJh
Very truly your ,
A
JIM MAiTOX
Attorney General of Texas
JACK HIGHTOWER
First Assistant Attorney General
MARY KELLER
Executive Assistant Attorney General
JUDGE ZOLLIE STEAKLEY
Special Assistant Attorney General
RICK GILPIN
Chairmen, Opinion Committee
Prepared by Sarah Woelk
Assistant Attorney General
p. 3026