January 4, 1968 

Hon. John Kinross-Wright Opinion NO. ~-178 

Commissioner, Texas Department 

of Mental Health & Mental Re: Responsibility for burial 

Retardation of indigent patients who 

Box S, Capitol Station die while on furlough from 

Austin, Texas 78711 a state hospital or while 

in a state hospital. 

Dear Dr. Kinross-Wright: 

In your request for an opinion from this office, you 

state the following: 

'Our department has an increasing number 

of Its elderly patients who are furloughed to 

licensed nursing homes with funds available 

through the State Department of Public Welfare. 

We are advised that such Public Welfare benefits do not Include any funds for the burial 

of such indigent furloughed patients. 

"In attempting to determine where the 

responsibility for such burial arrangements 

and costs belong we noted that Article 912a20, V.C.S. appears to place such burden on 

the County in which the death occurs, but it 

has been held In Attorney General's Opinion 

No. O-2392 that the State was impliedly obligated to shoulder this responsibility under 

provisions of Art. 3241 V.C.S. which is almost 

identical language to the present Art. 3196a 

under which this department functions. 

"Please advise us who is authorized and 

required to bury indigent patients who die: 

"(a) While on furlough from a state 

hospital? 

-855- 
Hon. John Kinross-Wright, page 2 (M-178) 

"(b) While in a state hospital?" 

Article 912a-20 and Article 2351, Section 12, Vernon's Civil Statutes, state that the Commissioners Court shall 

provide for the burial of paupers. However, in Article 3196a, 

Vernon's Civil Statutes, relative to indigent patients admitted 

to state hospitals, the statute provides as follows: 

"Section 1. Patients admitted to State 

hospitals and State psychopathic hospitals 

shall be of two classes, to wit: 

"Indigent patients; 

"Non-indigent patients; 

"Indigent patients are those who possess 

no property of any kind nor have anyone legally 

responsible for their support, and who are unable to reimburse the State. This class shall 

be supported at the expense of the State." 

In Attorney General's Opinion No. O-2392 (1940) a 

similar statute (Article 3241, Vernon's Civil Statutes) was 

construed to make the State and not the county liable for the 

burial of public indigent patients who reside in the county and 

die in the State sanitarium. In your request you stated that 

you have a copy of this opinion. 

The reasoning of Attorney General's Opinion No. O-2392 

$%$)consideration 

and the authority cited therein, control the questions 

It is therefore the opinion of this office 

that it is the obligation of the State to bury indigent patients 

who die while In a State hospital or on furlough from a State 

hospital. 

SUMMARY 

Under the provisions of Article 3196a, Vernon's Civil Statutes, It is the obligation of 

the State of Texas to bury indigent patients 

who die while in a State hospital or while on 

furlough from a State hospital. 

VJ t ruly yours, 

-856- 
L - 

-- - 

Hon. John Klnross-Wright, page 3 (M-178) 

Prepared by Jack Sparks 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Hawthorne Phillips, Chairman 

Kerns Taylor, Co-Chairman 

W. V. Geppert 

Bill Allen 

Z. T. Fortescue 

Pat Cain 

A. J, CARUBBI, JR, 

Staff Legal Assistant 

-857-