Untitled Texas Attorney General Opinion

Altwvmllv11, -r#cXAU Overruled in part by o-5185 Hon. Chas. B. Cook, Secre- Opinion No. O-1064 tary, Texas State Board of Effective date of Senate Embalming $1 No. 276 and right of Austin, Texas appeal of a person whose li- cense has been revoked by the Dear sirs Board of Embalmers. Your letter of June 28 1939 in which you request our opinion on S.B. 276 of the 4&h Leg., has been received by this department. You ask that we answer the following two questions: “First 0 Does this become effective immediately upon being signed by the Governor? “Se oond . The State Board of Embalming is granted the power and it is its duty to revoke a license for proper cause. Before this act was passed a person hav- ing his license revoked had the right of appeal, first to the State Board of Health, who was then the appoint- ing power of the Embalming Board, and then to the Dis- trict court. Under the law as amended by Senate Bill No. 276 where would the right of appeal be?” Section 3 of Senate Bill 276 is an emergency clause and provides that the act shall take effect and be in force from and after its passage. Under these circumstances it is well settled that an act becomes law on the final official act of approval which would be the signature of the Governor of the State of Texas. When an act is passed as an emergency mea- sure it becomes a law immediately upon approval. See Worbes v. State, 71 SW 2nd 872. Section 2 of Senate Bill No. 276 provides that the State Board of Embalming is granted the powers and has imposed upon it the duties provided for in titicles 4577 to 4582 in- elusive, of the Revised Civil Statutes of Texas, 1925 and in E;paEter 287, Acts of the Regular Session of the 44th iegisla- It would appear therefore that the only effect of Senate Bill’No. 276 is to replace Article 4576. The act was not pass- ed as an amendatory article but since it is clearly in conflict with Article 4576 it operates to repeal the article and to sub- stitute the provisions of Section 1 of the bill. Reading S.B. 276 in its entirety, the conclusion is inescapable that this is Hon. Chas. B. Cook, page 2 (0-1064) exactly what the Legislature intended to do. By the express wording of the act and the clear intention of the Legislature none of the other existing laws affecting the State Board of Embalming are disturbed and all. of such provisions remain in full force and effect. Chapter 287, Acts of the Reg. Session of the 44th Leg. is codified in Vernon's Annotated Texas Statutes as Arti- cle 4582a, Sec. 4 of which reads as follows: I'Sec. 4. The State Board of Bmbalming is hereby authorized for good cause to revoke any license of a funeral director issued by it subject to the right of appeal to the State Board of Health, and subject fur- ther to the right of appeal from the State Board of Health to the District Court of the county of the said funeral director. Said funeral director shall have thirty days in which to appeal to said State Board of Health, and shall likewise have thirty days in which to appeal from the decision of the State Board of Health to the District Court. Trial in the district court shall be de novo; and Fending any appeal~either to the State Board of Health or from the State Board of Health to the District Court, said license shall remain in full force and effect." In answer to your second question it is the opinion of this department that the right of appeal of a person who has had his license revoked by the State Board of Embalming is governed by the above quoted section of the Acts of 1935, 44th Legisla- ture, Chapter 287. Yours very truly ATTOHNEY GENBRALOF TEXAS By /s/ Ross Carlton Ross Carlton, Assistant APPROVED JUL 18, 1939 /s/ W. F. Moore FIRST ASSISTANTATTORNEY GENERAL APPROVED:OPINION COMMITTEE BY: WRK,CHAIRWN RC..:wb