Mr. Joe A. Myers, President OpiniOll NO. M- 626 

State Board of Morticians 

Page Building Re: The extent of authority 

610 Brazes Street of the State Board of 

Austin, Texas Morticians to carry OF 

investigations under article 

4502b. Vernon's Civil 

Dear Mr. Myers: Statutes. 

Your request to this office for an opinion on the 

above subject contained two questions as follows: 

"1. Does the State Board of Morticians 

have the legal right, under the enforcement 

provisions of Article 4582b to request disinterment of a dead human body by the Medical 

Examiner of Harris County? 

"2 . Does the County Medical Examiner have 

authority under Article 49.25, C.C.P., to disinter 

a human body for purposes of identification of 

the torso, even though his records indicate an 

autopsy and/or inquest was held on the body of 

the decedent prior to burial?" 

In answer to your questions, you are advised as to the 

following pertinent statutory laws which apply under your 

factual situation. 

Article 458233 in Section 3H, Vernon's Civil Statutes, 

says in pertinent part as follows: 

"The State Board of Morticians is hereby 

authorized and empowered and it shall be its duty 

to conduct hearings to revoke, suspend, or place on 

probation any licensed funeral director and/or 

embalmer, or apprentice, and may refuse to admit 

persons to examination for any of the following 

reasons : s o. 

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Mr. Joe A. Myers, Page 2 (M-626) 

"2 . Conviction of a crime of the grade of 

a felony or of a misdemeanor involving moral 

turpitude; . . . 

"12. Willfully making any false statement 

on a certificate of death; . ..'I 

In Section 4DZ(b) of Article 4582b, the Board is 

required to cause an investigation to be made whenever a 

complaint is filed with or by the Board. 

Pursuant to the obligations imposed upon the Board 

by the statute, the Board is authorized to request the County 

Medical Examiner to order an exhumation for good cause shown. 

If the results of the Board's investigation show 

possible violations of the penal laws of the State in regard 

to dead human bodies, a factual report should be made to 

the District Attorney and to the County Medical examiner who 

will determine if an inquest should be held and whether an 

autopsy should be performed. 

Section 6 of Article 49.25 imposes a duty upon any 

medical examiner, or his duly authorized deputy, to hold 

inquest with or without a jury within his county, among other 

things, 

" 3 . When the body of a human being is 

found, and the circumstances of his death are 

unknown; 

"4. When the circumstances of the death 

of any person are such as to lead to suspicion 

that he came to his death by unlawful means. ..*'I 

Section 7 of Article 49.25 makes it the duty of any 

official or private citizen who shall become aware of a 

death under any of the circumstances set out in Section 6 

therein to immediately report such death to the office of 

the medical examiner or to the city or county police department. 

Section 10 of Article 49.25 provides that when a body 

upon which an inquest ought to have been held has been interred, 

the medical examiner, may cause it to be disinterred for the 

purpose of holding such inquest. 

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. 

Mr. Joe A. Myers, Page 3 (M-626) 

SUMMARY ------- 

Under Article 458213, Vernon's Civil 

Statutes, the State Board of Morticians has 

authority to cause investigations of all 

alleged violations which may constitute grounds 

for prescribed actions by the Board against 

its licensees. If probable cause exists from 

such an investigation involving a dead human 

body, the Board has a duty to report such 

findings to the County Medical Examiner, 

together with a request for exhumation. 

Under Article 49.25, C.C.P., the County 

Medical Examiner may cause a human body to be 

disinterred if his findings of fact show a 

need for an inquest to be held. 

Yo& very truly, 

Mf2a= 

neral of Texas 

Prepared by Sam L. Jones 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Acting Co-Chairman 

Jo Betsy Lewallen 

Joe Longley 

Howard Fender 

David Longoria 

MEADE F. GRIFFIN 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

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