Untitled Texas Attorney General Opinion

OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN Honorable Homer P. Ralney, President The Unlverelty of Texas h8tlll, Texar Dear Sirt * reoeipt of your letter of opinion 0r thu doprrtmont In order that all of the ;r uy be set forth ln thlr it In its llltlr o ty r *l?ebou$‘d rerpeotfullyrequert your $he bennetItof the Nledlocrl Branoh nlker8ity of Texm at Cklveston upon ing inquiryr “Whether or not under the Anrtomlarl S&w o? the State of Text the bodler of per80118 dylcg vitbout known rsl8tlrar or friet’ids, and whiah we roqu%red to be burled at the publio expense, sag bo embalmed lmedlrtely after death under the dlNat,lOn of (UI8uthoslred agent of the Anrtomlorl Board? %he pertinent provlatonsof the Anatomleal LBv Of the State of Tens (Chap. 13, Title 71, Of the Revised Civil Statutea of 1925, anended by Chap. 152, Acts, Regular Session of the Forty- first Lagialrture)m8ke av8ilable to the btopli- oal Roerd of the State of Texas the bodies of persona), which are required to be burled at the publlo expnae, for the rdvamenent of meadal aoienoe in this St8te, with certain named ex- oeptlona. However, the law further reqtirea that due effort be amde to find the kindred m relatives of the deoeaaed and to notify thm of the d-th, and in the event no 0bj.m is nude of -Id body vlthln twenty-fourhowa after re- ceipt of such notlfioatlonsubjects auoh body to the provisions of the lw. The &v further give8 the re$W.ivea of the dectiaed the right to claia aald body within ten daya after the same la dellvered to an institutionor persona entitled to reaeive the aa& under the law. “In attempting to meet the requwammta of the l6v ln regard to notlfiuatlon,the b@.loa or pmpera, aubjeot to b-181 at publlo expense, are often kept a great many days bel’orethe aaasa u-e emhlacrd. Aoeordlng to the beat judgment of medloal aoIencm, thla prooedure mkea m&ny bodlea unfit for ulatomloal study. It la the beat judgment and opinion of those versed in the aolence of emhelming that the beat results are obtained by the UmnedUte embalming of dead bodies. Themfore, it seeam that In order to take advantage of.t.haprovisionaof the Anatomi- cal Iav, it will be neoeaaary to provide for the iaanedlateombalmlng of dead bodlm a- under the provlaiona or the lbw, but the State Anbtoml- oal Board desires to be advised 88 to it.8rlggita and authority in the preat.laea before undertaking to maIceprovisions for the immediate emtmlmbg of such bodle,?.’ Artiole 4584, V. A. 0, 8., x?eeda88 fol2ovar “All publle offleerll, agents, and 8ervanta. and all offZoer8,8gentar 8nd aerwhnta of MS oounty, alty, tom, diatr.ictor other municiprllty, 224 Bonoroble HoaterP. Raineg, President,Page 3 and of any end every elMhouae, prlaon, morgue, hospital, or my other publla Inatltutlon,hmrlng charge OF control of dead human bodies required to be burled at pub110 expense are hereby re- quired, after notificationin vriting by said board or its duly ruthorlsed orfioera, or per- sona deelgnated by the authorities of meld board, then and thereafter to announoe to aaid ,borrd,ltrreutborlaed officer or agent, whenever such body or bodlea ooma into hla or thelr poaaea- slon, oha~ge or oontrol, end shall vlthout fee or reward greater than the value 3s such fee es was paid in any oounty, olty, tom, or munlolpellty on the third hy 0s April 1907, for the burial 0s pauper bodies, deliver muoh body or bodlea, and pera&t the sold board end lta agents end the ~~lolana and surgeons, SPOIBtime to time dealg- nated by them vho my oomply with the provlalona Of this l8~, t0 take end mmove 811 suoh bodies es are not derired for post mortem exmirmtlon by the medioel stars 0s public ho~ftela or institutionsfor the insane, to be uaed vlthin thl8 State iOr the advancement of medical eaienae, but no notice need be given, nor a.nysuch body be delivered, if my person alalming to be and a8tiafy%ng tbe euthorltles in ohrrge of auoh body ChEt be or she is of a kindred or is re- .: ~---Zstedby narxfsge to the deceased, OF la a bon8 fide friend or reprerentetlveof an orgenlrstlon of vhlah the deoeaaed was a awnber, shall ol8lm the said body for burial, but It shall be aurrwder- ed without oeat to euch olalmant for Intemnent, or ahall upon sucahclalnmnt*sxeqwat, be interred in the aanner provided for the lntement of bodies not oomlng vlthin the operetlan of this law. lo notioe shall be given for the body to be delivered, if the deaesaed died of aontagloua,dlse8ae,save tuberouloals or 6 hills, nor shell notloe be eiven 1s sugh deco6 ;rE ed person were & traveler vho died suddenly, ln whloh aeaea the body SW11 be burled. St 1s further requlxed that due ef’iort be arrdeby tiioaein charge of auah almahouae, prison, morgue, bobpital or other publio lnatLtu- tion having oharge or oontpol of auah dead human b&&es, to find kindred OP relatlvea of such deoeaaed and notify him or her of the deetht and Honorable Bomer P. Relney, Rreaident,P8ge 4 SBllure to cl8l.mswh body by kindred or relation within twenty-fourhours 8fter re- celpt of.,auohnotlfioetionah811 be recognized es brlnglng such body under the pxovlalona or this Isv, end dellvery ah811 be madoes soon thereafter to meld bo8rd, its offloera, or agent% as my be posalble. Suoh person in obarge of auah pub110 institution sh811 file with the oounty judge 8n lffldevlt that he ha8 mde dillgent lnqulry to find the kindred OP relatives of the deoerred stating auoh in- quiry es he has tie. In Case a body la claim- ed by relatives vlthln ten drye after if h8a been delivered to an lnatitutlonor persona entitled to reoelve the a8me under the provi- sions of this Zow, it ah811 be delivered to them for burial and vlthout coat. Aota 1907, p. 117, sec. 21 Acts 1929, 4lat Leg., p. 328, cb. 12, 1 1." Article 4584 ia entirely silent vlth respect to the authority of the An8tomloel Ro8ml to emb8lm or, thxough it8 rgenta, dire& the enW%laing of bodies. Prior to ita eoquieltlon of complete aontrol over auoh bodies, the Board h8a no such authority. Complete oontrol over a dew3 body la vested ln the Board only upon the el8pae of twenty-four bows after reoeipt of notifla8tionby the rolatlvea or frleuga of the deceaaod, no ol8im having been nude for the body. It is also true thrt after a body bra been delivered to 8n institution or person entitled to receive the e(u~b under the provisions of the law relatlvea of the deceased still bave ten d8ya in which to cl8l.mthe body. DelInor- tlona of the Board's autborlt during this ten d8y period are not nurked by Article 4584 . It nece~a8rllyfollovs 8nd you are 8dvleed th8t the bodies of pereona dying vlthout known relAtlvs8 or frlenda, and rhlah are required to be buried at the public expense, felling vithln the provlrions of the An8tomLo81 Act, Oh. 13, Tit16 71, R. C. S, Of Te~88, 1925, my not be emb8lmed immediatelyafter death by OP under the direction or the IlnstomioelBoard. By this, we do not me811to Imply th8t the publio orrloer or coroner 3.nwhose oust&y the body 1s f%rLrstheld or an undertaker under his direction may not so emb8ln the Honorable Homer P. Rliney, President, Page 5 body. whether or not an under-km so eating May embUm the body will depend upon the Sect8 and olraumatancea fivolved 3.neach oaae. It IS well eatabliahedin thla State end elaevbere that relatlvea and oloae friendn of the deowaed person have a pr%mWy Plght to the poy;aiF cf the oorpae in the aame oonditlones at death. 1144, Grcy v. State, 55 Tex. Cr. Rep. 90, 114 8. W. 636, l 22 L. R. A. (IV.%) 513. It my very vell be that in order to maintain the body in Its epproxlmte oonditlon rt dmtb or in the interest of the public health embalmq will ha neceaaery. On the other band, the case of Sworakl, et al v. Slmona, et al (S. Ot. Wm., 1940) 293 R. W. 309, holds that under slightly leas urgent olroumatanoeaembalmingby 8h undertakervi11 be unauthorlaedend actlonablo. By there statementsve merely aea.nto eaphaalre that Oh. 13, Title.71 of the R. C. S., 1925, has reposed no authority ln the Ahatomicrl Boa.rdto eab+lm or direct the embalming of dead bodies prior to its legal esaumption of jurrciadio- tlon over auoh bodies.