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. 276 and right of 

Austin, Texas appeal of a person whose license has been revoked by the 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 having his license revoked had the right of appeal, first 

to the State Board of Health, who was then the appointing power of the Embalming Board, and then to the District 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 measure 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 inelusive, of the Revised Civil Statutes of Texas, 1925 and in 

E;paEter 287, Acts of the Regular Session of the 44th iegislaIt would appear therefore that the only effect of Senate 

Bill’No. 276 is to replace Article 4576. The act was not passed as an amendatory article but since it is clearly in conflict 

with Article 4576 it operates to repeal the article and to substitute 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 Article 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 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 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 Legislature, Chapter 287. 

Yours very truly 

ATTOHNEY GENBRAL OF TEXAS 

By /s/ Ross Carlton 

Ross Carlton, Assistant 

APPROVED JUL 18, 1939 

/s/ W. F. Moore 

FIRST ASSISTANT ATTORNEY GENERAL 

APPROVED: OPINION COMMITTEE 

BY: WRK,CHAIRWN 

RC. .:wb