November 5, 19’t8 

Eon. Beauford II. Jester Opinion No. V-710 

Govomor of Texas 

Capitol Station 

Austin, Texas 

Rot Applicability df the 

Anatomical Board Act 

to the unclaimed 

bodies of prisoner0 

who die within the 

penitentiaryDear Governor Jester t 

Pour request for an opinion reads, in part: 

“Are we correct in the assumption 

that Article 4584 Chapter 194, Revised 

Civil Statutes (1825) creating the Anatomical Board, gives authority to the Texas 

Prison System to turn over to that Board 

unclaimed bodies of prisoners who die 

wit bin the penitent lary? 

“The 44th Legislature passed House 

Bill No, 996, an emergency appropriation, 

appropriating funds for the Interment of 

those bodies. 

Wzwever, inasmuch as t&it was merely 

an appropriation bill for that period and, 

furthermore, in view of the fact that a gemera1 law can not be amended In an approprlation bill, it occurs to us that the original 

authority as granted by the Statute creating 

the Anatomical Beard will apply.” 

The provisions ‘of the Anatomical Board Act of 

19C7s as amended in 1929 and 1931, are now Articles 4583 

through 459C Vernon’s Civil ‘Statutes and Articles 530 

and 531 of tile Penal Code. Article 4483 creates the Anatomical Board of the State of Texas “for the distrlbutiom 

and delivery of dead human bodies, hereinafter described, 

to and among such institutions as, under the revisions 

of this law, are entitled thereto,” Article c 584 reads: 
Hon. Beauford H. Jester - Page 2 (V-710 ) 

“All public officers, agents, and servants, and all officers, agents and servants 

of any county, city,to>dn, district or other 

municipality, and of any and every almshouse, 

prison, morgue, hospital, or any other public institution, having charge or control of 

dead human bodies required to be burled at 

public expense are hereby required, after 

not if ication in writing by said board or its 

duly authorized officers, or persons designated by the authorities of said board, then 

and thereafter to announce to said board, its 

authorized officer or agent, whenever such 

body or bodies come into his or their possession, charge or control, and shall without 

fee or reward greater than the value of such 

fee as was paid in any county, city, town, or 

municipality on the third day of April 1907, 

for the burial of pauper bodies, deliver such 

body or bodies, and permit the said board and 

its agents and the physicians and surgeons, 

from time to time designated by them who may 

comply with the provisions of this law, to 

take and remove all such bodies as are not 

desired for post mortem examination by the 

medical staff of public hospitals or institutions for the insane, to be used within this 

State for the advancement of medical science, 

but no notice need be given, nor any such 

body be delivered, if any person claiming to 

be and satisfying the authorities in charge 

of such body that he or she is of a kindred 

or is related by marriage to the deceased, or 

is a bona fide friend or representative of an 

organization of which the deceased was a member, shall claim the said body for burial, but 

It shall be surrendered without cost to such 

claimant for interment, or shall upon such 

claimant I s request, be interred in the manner 

provided for the interment of bodies not coming within thr operation of this law. lo 

motice shall be given for the body to be delivered, if the deceased died of contagious 

disease, save tuberculosis, or syphllls, nor 

shall notice be given if such deceased person 

were a traveler who died suddenly, in which 

cases the body shall be buried. It is further required that due effort be made by 
Hon. Beauford H. J&star - Page 3 (V-710) 

those In charge of such almshouse prison 

morgue, hospital or other public lnstitutlen 

having charge or control of such dead human 

bodies, to find kindred or relatives of, such 

deceased and notify him or her of the death; 

and failure to claim such body by kindred or 

relation within twenty-f.our hours after receipt of such notification shall be recognized as bringing such body under the rovisions of this law 

h 

and delivery shal E be 

made as soon therea ter to said board, its 

officers, or agents as may be possible. Such 

person in charge of such public institution 

shall file with the county judge an affidavit 

that he has s&ads diligent Inquiry to find the 

kindred or relatives of the deceased stating 

such inquir 

t 

as he has made. 

is claimed 

In case a body 

y relatives within ten days after it has been delivered to an institution 

or Persons entitled to receive the same under the provisions of this law, it shall be 

dadivered to them for burial and without 

41st ‘Leg,, p. 

Acts 1907 pe 117 sec. 24 Acts 1929, 

328, ch. 152, I 1, 

Article 531 of the Penal Code provides: 

“Any person having duties imposed upon 

him by the provisions of the Anatomical Board 

Act who shall refuse, neglect or omit to perform any of them as required by said law, 

shall be fined not less than one hundred nor 

more than five hundred dollars for each off ense ol’ 

The remaining articles of the statutes are l f 

no particular importance, so far as we ar~e here concerned p In our Opinion No, V-358, a copy of which is 

enclosed hrrewlth, it was held that the provision8 

Article 45% Were mandatory. The penitentiary Is a 

*t 

“prison” and the unclaimed bodies of prlsmners whe die 

while confined therein are buried at the expense rf the 

State 0 Therefore, such unolaimed bodies come within the 

purview of the statutes under consideration and are subject to be delivered to the Anatomical Board for the purposes stated therein. 
’ . 

Hon. Beauford I-I. Jester - Page 4 (V-710) 

You have directed our attention to House Bill 

No. 996, Chapter 104, Acts of the 44th Legislature, the 

Title of which reads as follows: 

“An Act making an emergency appropriation for the Texas State Prison System for 

the purpose of returning to relatives, bodies of convicts whose familfes are in fndigent circumstances; providing the Fifty 

Dollars ($50) allowance now made upon dlscharge shall be a plied as part payment of 

shipping said boa f es, and declaring an emergency,” 

Section 1 of this Bill reads: 

“There Is hereby appropriated out of 

any moneys in the General Fund not otherwise a.ppropriated the sum of Seven Hundred 

and Fifty Dollars t $750)( or so much thereof 

as may be necessary for the Texas State Prison 

System for the purpose of embalming and shipping the bodies of deceased convPcts to their 

families when said families are in indigent 

circumstances and request the return of the 

bodlss for burial; and such appropriation 

shall be available as of the 2nd day of May 

1935, and until the 31st day of August, 193b, 

and all claims for the purposes stated herein 

arlaing between said dates shall be paid from 

said fundo” 

The remainder of this Bill appears to be in 

harmony with its title, Considered in its entirety, it 

is nothing more than an appropriation bill, and as such 

had no effect whatever upon the statutes under consideration. An examination of both our civil and criminal 

statutes fails to disclose any statute, other than those 

mentioned in this opinion, providing for the disposition 

of unclaimed bodies of prisoners who have died while COIIfined In the penitentiary. 

In view of the foregoing, we answer yottr question In the affirmative. 
Hon. Beauford H. Jester - Page 5 (V-710) 

SUMMRRY 

The unclaimed bodies of prisoners who 

die within the penitentiary are subject to 

be delivered to the Anatomical Board of the 

State of Texas. Arts. 4583, et seq. 

Yours very truly, 

ATTORNEY GENERAL OF TEXAS 

BWB:wb 

Encl. 

- JQJ+ w 

BY 

Bruce W. Bryant 

Assistant 

APPROVED: 

NEY GENWAL