0 EXAH

Dr. Henry Holle State Department of Health Austin, Texas OpinionNo. W-449

Dear Dr. Ho1101 Re: Is a certificatestating that an autopny w&a performed or that no autopsy wan neoerrary required In only thou0 ltdanoes where an lnquerrt

wa8 held? Muit the owner or operator of a orematory,before oremating an body, demand and be 9urnished with a oertifioatc rignedby th8 MedLoal Examiner, if the death ooourred in a oounty having the of-’ floe of Medlorl Examiner, stating that an autopuy wa8 performed or that no autop8y wa8 neoesaary? In your rromt rrquert for an opinion from this offioe, your lettrr road aubrtantlally a8 follows: In oountlrrr

whioh are

l uthorleed to entabllah and malntaln thr olflor of Medloal Examiner a8 provided In Artiolr 98ga, Vernon18 Code of Criminal Proordurr,a quratlon haI been railed by one of the ormatorlrr a8 to the proper lnterpretrtlon of Srotion 10 of thr Artlolr. II a orrtlfioatr rtatinq that an autopsy wa8 performed or that no autopry WLI moerrary required In only thorr lnrtanosr where the death reoord rhowr that an lnqurrt wa8 held? Muat the ownerDr. Henry Holle, Page 2 (WW-449 

### 1

or operatorof a crematory ', before crematingan body, demand and be furnishedwith a certlfloae -i+ signedby the Medical Examiner, stating that an autopsywas performedor that no autopsywas necessary? Section 10 of Article, 98ga, Vernon's Code of Criminal Procedure,

provides, In part, as follows: "Before any body, upori which ati

lnqueat Is authorizedby the provisionsof this Act, can be lawfully cremated,an autopsy ahall be performed thereon as provided in this Act, or a certificate that no autopsywas necessary shall be furnlahed by the Medical Examiner. Before any dead body can be lawfully cremated,the owner or operator of the crematoryahall demand and be furnished with 8. certificate,signedby the Medical Examiner,of the county in which the death occurred showing that an autopsywas performed on said body or that no autopsy thereonwas necessary. It shall be the duty of the Medical Examiner to determinewhether or not, from all the clrcumstances surroundingthe death, an autopsy ie necessaryprior to Issuing a oertlflc~teunder the provisionsof this seation

. . . The statute Is somewhatambiguous. In discussing the dissolutionof ambi ltiee the Court said, in Lon orla v State, 126 Tex. Crlm. 3%& 363, 71 S.W.2d 268, 26g-(+JTJ?

"We further observe that in accordancewith settled rulea of interpretation of etatutes,even when the languageused is susceptibleof two meanings, the aourts are to give It that meaning which will conform to the scope of the act and oarry out the purpose of the statute. Mr. Black, In his Hornbook on Interpretation of Laws, p. 56, lays down the rule that, where the languageused la ambiguous,or admits of more than one mbanlng, It ie to be taken in such a sense a8 will conf,orm to the saope of the aot and carry out the purpose of the statute."Dr. Henry Holle, Page 3 (WW-449).

For further discussioncon&$rnlngthe construction of statutes Bee also Texarkana& Ft. S. Ry, v. Houston Gas & Fuel Co., 121 Tex. 594, 601 51 S W 2d 284 287 (1932) Iiidalgo

County DrainageDl&. No.‘l’v. Davidson, 102 Tei? d

, 4,l

. . > 1 (1909). The Le &lslature, In our opinion, in passing House Bill 539, Aota 5 th Leglalature, Regular Session, 1955, Chapter 159, page 524 (codifiedas Article 98ga of Vernon’s Code of Criminal Procedure)consideredonly those Instances in which inquestswere authorizedto be held. To hold otherwise would require a Medloal Examiner to Issue a certificateas to facts unknown to him in the absence of an Investigation on his part. An Investigation which would reveal those facts Is not authorizedby the statutes except In connectionwith inquestproceedingd.

The opinion of thla office is that a certificate stating that an autopsy was performedor that no autopsy was necessary should be requlred In only those instanceswhere the death reaord shows that an Inquestwas held. The owner or operator of a orematory,before crematingany body, Is not required to demand and be furnishedwith a certificatesigned by the Medical Examiner, If the death occurred In a county having the offloe of Medical Examiner, stating that an autopsy wan performed or that no autoprywas neoepIaary, except where the death record shows that an inquestwas held.

SUMMARY

A oertiflaatestating that an autopsy was performedor that no autopsy was neoessary should be required In only thoae Instance8where the death record show6 that an Inquestwas held. lhe owner or operator of a crematory,before crematingany body, Is not required to demand and be furnishedwith a certificatesigned by the Medioal Examiner, statingDr. Henry Holle, Page 4 (WW-449).

that an autopsywae performed or that no autopsy wa6 neaesaary, except where the death record shows that an Inquestwas held,

Very truly youra, WILL WILS,ON Attorney General of Texas

Asslatant BF:am:jl
APPROVED: OPINION COMMITTEE Gee. P. Blaakburn, Chairman
J. Arthur Sandlin Richard B. Stone REVIEWEDFOR THE ATTORNEY CENERAL BY:

w. V, Geppert