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 investigationsunder 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 identificationof the torso, even thoughhis records indicate an autopsy and/or inquestwas held on the body of the decedentprior to burial?" In answer to your questions,you are advised as to the followingpertinent statutory lawswhich apply under your factual situation.

Article 458233

in Section 3H,Vernon's Civil Statutes, says in pertinentpart as follows:

"The State Board of Morticians is hereby authorized and empowered and it shall be its duty to conducthearings 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: so.

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"2
. Conviction of a crime of the grade of a felony or of a misdemeanor involvingmoral turpitude;
... "12. Willfullymaking 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 filedwith 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 investigationshow possible violations of thepenal laws of the State in regard to dead human bodies, a factual report shouldbe made to the DistrictAttorney and to the County Medical examinerwho will determine if an inquest should be held and whether an autopsy shouldbe performed.

Section 6 of Article 49.25 imposes a duty upon any medical examiner, or his duly authorized deputy, to hold inquestwith or without a jurywithin his county, among other things, "3
. When the body of a human being is found, and the circumstancesof his death are unknown; "4. When the circumstancesof the death of any person are such as to lead to suspicion that he came to his death by unlawfulmeans. ..*'I Section 7 of Article 49.25makes it the duty of any official or private citizenwho shallbecome aware of a death under any of the circumstancesset out in Section 6 therein to immediately report such death to the office of the medical examiner or to the city or countypolice department.

Section 10 of Article 49.25provides thatwhen a body upon which an inquest ought to have been held has been interred, themedical 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 Morticianshas authority to cause investigationsof all allegedviolationswhich may constitutegrounds forprescribed actionsby 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, togetherwith a request for exhumation. UnderArticle 49.25,C.C.P., the County Medical Examiner may cause a human body to be disinterred if his findingsof fact show a need for an inquest to be held. Yo& very truly, 

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neral of Texas Preparedby Sam L. Jones AssistantAttorney 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 ExecutiveAssistant NOLA WHITE First Assistant

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