Altwvmllv 11,-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. 

### 276andright of Austin, Texas appeal of a person whose license has been revoked by the Dear sirs Board of Embalmers.

Your letter of June 28 

### 1939in which you request our opinion on S.B. 

### 276of the 4&h Leg., has been received bythis department. Youask that weanswer the following two questions:

“First 0 Does this become effective immediately uponbeing signed by the Governor?

“Seoond

. The State Board of Embalmingis granted the power andit is its duty to revoke alicense for proper cause. Before this act was passed a person having his license revoked had the right of appeal, first to the State Board of Health, whowas then the appointing power of the EmbalmingBoard, andthen to the District court. Under the law as amendedby Senate Bill No. 

### 276where would the right of appeal be?” Section 

### 3of Senate Bill 

### 276is an emergency clause andprovides that the act shall take effect andbe in force from and after its passage. Under these circumstances it is well settled that an act becomes law onthe final official act of approval which would be the signature of the Governor of the State of Texas. Whenan act is passed as an emergency measure it becomes a law immediately upon approval. SeeWorbes v. State, 

### 71SW2nd 

### 872.

Section 2 of Senate Bill No. 

### 276provides that the State Board of Embalmingis granted the powers andhas imposed upon it the duties provided for in titicles 

### 4577to 4582 inelusive, of the Revised Civil Statutes of Texas, 1925 andin E;paEter

### 287,Acts of the Regular Session of the 44th iegislaIt would appear therefore that the only effect of Senate Bill’No. 

### 276is to replace Article 

### 4576. The act was not passed as an amendatory article but since it is clearly in conflict with Article 

### 4576it operates to repeal the article andto substitute the provisions of Section 1 of the bill. Reading S.B. 276 in its entirety, the conclusion is inescapable that this isHon. Chas. B. Cook, page 2 

### (0-1064)

exactly what the Legislature intended to do. Bythe express wording of the act andthe clear intention of the Legislature none of the other existing laws affecting the State Board of Embalmingare disturbed and all. of such provisions remain **in** full force andeffect.

Chapter 

### 287,Acts of the Reg. Session of the 44th Leg. is codified in Vernon's Annotated Texas Statutes as Article 4582a, Sec. 4 of which reads as follows:

I'Sec. 4. The State Board of Bmbalmingis hereby authorized for good cause to revoke anylicense of a funeral director issued by it subject to the right of appeal to the State Board of Health, and subject further 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 denovo; andFendingany 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 whohas had his license revoked by the State Board of Embalmingis governed by the above quoted section of the Acts of 1935, 44th Legislature, Chapter 287. Yours very truly ATTOHNEY

GENBRAL

OFTEXAS By /s/ Ross Carlton Ross Carlton, Assistant APPROVED

JUL

### 18,1939 /s/ W.F. Moore FIRSTASSISTANT

ATTORNEY

GENERAL APPROVED:

OPINIONCOMMITTEE BY: WRK,CHAIRWN RC. .:wb