Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

Return to Master Index
Autopsy in out-of-county death, justice of the peace does not have authority to orderLO94-060
Autopsy report in custody of justice of the peace is not excepted from disclosure to the public by section 49.15(a) or (d) of the Code of Criminal ProcedureJC-0542
Autopsy required on child under six years of age who dies unexpectedly of unknown causes, county pays cost of as mandated by chapter 264 of Family Code and article 49.10 of Code of Criminal ProcedureLO98-122
Autopsy, county of decedent's residence may not enter interlocal cooperation contract to conduct or pay for if death occurred in neighboring county hospitalJC-0071
Autopsy, municipal judge does not have authority to orderLO97-101
Burial expenses of child, whether state agency, as permanent managing conservator, is responsible forLO96-037
Burial of deceased paupers, authority of county to purchase and maintain land forGA-0235
Cadavers may not be transferred to other states for use in medical education and research unless other state has promised Anatomical Board to reciprocateJC-0583
Cadavers willed or otherwise donated to named institutions under chapter 691 of the Health and Safety Code are subject to distribution by Anatomical Board, while those donated under Anatomical Gift Act are notJC-0583
Cancellation of prepaid funeral benefits contracts, amendatory language of section 154.155 of Finance Code which entitles purchaser to refund of half the earnings generated by payments made applies only to trust-funded prepaid funeral benefits contracts aJC-0477
Casket constitutes funeral merchandiseJC-0505
Casket, sale of for imminent burial does not of itself constitute funeral directingJC-0505
Cemeteries, property dedicated as a cemetery must be used as a cemetery unless and until the dedication is removedJC-0235
Cemetery dedicated under common law, effect of conveyance, application of chapter 711 of the Health and Safety CodeJC-0355
Cemetery location, restrictions in section 711.008 of the Health and Safety Code do not apply to a cemetery established and used for interment prior to September 1, 1991JC-0235
Cemetery organization subject to section 711.034 of the Texas Health and Safety Code, an unincorporated family is not aGA-0448
Cemetery, commissioners court may determine whether non-human animals may be buried inLO93-016
Cemetery, home-rule municipality authorized to operateGA-0044
Cemetery, public access toJC-0355
County labor and equipment to open and close graves in a private cemetery, an individual county commissioner may not useJC-0329
Countyís duty to dispose of deceased paupersí remains, a county may not dispose of an unidentified pauperís remains by cremation GA-0543
Cremation authorization form, funeral establishment need not obtain, where decedent has designated in prepaid funeral contract that his remains shall be crematedGA-0310
Death certificate that lists AIDS or HIV as cause of death, authority of Department of Health to releaseDM-0061
Death certificates, authority of justice of the peace or county court at law to cause an amendment toGA-0718
Dedicated cemetery land and land abutting a cemetery, state universityís conveyance of by exchange for historical papers or rights of access to property or by outright gift, consistent with article III, section 51 and 52 of the Texas ConstitutionGA-0894
Disinterment, permit from the Texas Department of Health required to remove remains from a cemetery to another, offsite location or to disturb remains in an unknown or abandoned cemetery in order to construct improvements on the propertyJC-0235
Disposition of decedent's remains, modification of instructions in a preneed funeral services contractJC-0279
Durable power of attorney under Probate Code chapter XII, holder of may cancel prepaid funeral contract but may not change method of disposition for principalís remains specified in a prepaid funeral contract of which principal is purchaser and beneficiaryGA-0720
Embalmer, authority to perform services for funeral home on the premises as an independent contractorJC-0059
Fees charged by institutions transferring cadavers to third parties, Anatomical Board is not authorized to regulateJC-0583
Forensic Science Commission's accreditation authority over postmortem toxicological analysisKP-188
Funeral home, authority to designate off-site embalming facilityJC-0059
Funeral home, authority to retain a licensed embalmer as an independent contractor to embalm on the premisesJC-0059
Funeral Service Commission complaint review committee subject to Open Meetings Act only when performing supervisory functionsLO97-058
Funeral Service Commission, authority to require funeral home to make disclosures regarding location and price of embalming and to obtain written permission to have embalming performed by an independent contractorJC-0059
Hospital district may not fund medical examiner's office because it does not serve a hospital purposeLO97-004
Inquest hearing, necessity for must be determined at time of inquest; if findings are rendered at inquest as to cause of death, justice of peace may not subsequently order inquest hearingJM-1202
Inquest procedures, whether physician who monitors treatment of ambulance patient by telemetry "attends" patient and may certify to cause of death as attending physicianLO92-063
Inquest, justice of the peace may subpoena emergency medical records when required to performLO97-033
Inquest, justice of the peace must order if nursing home resident not attended by physician at time of death or physician attending resident's death is unable to certify causeLO96-119
Inquest, no one but justice of the peace who serves precinct where the body was found (or temporary justice) may conductJC-0083
Medical examiner may contract with hospital district in private capacity to perform tests for hospital purposesLO97-004
Method of disposition for purchaserís remains specified in a prepaid funeral contract may not be changed by holder of statutory durable power of attorney GA-0720
Nursing home patient, authority to pronounce death and issue death certificate forLO93-028
Party's interest in joint account in financial institution, section 440 of Probate Code permits change in contractual terms of account only as to disposition following deathDM-0010
Pauper's remains, county responsible to provide for disposition of even though decedent survived by a person listed in section 711.002(a) of the Health and Safety Code, in accordance with county rulesJC-0228
Paupers' remains, commissioners court's authority to provide for disposition of by cremationGA-0301
Prepaid funeral benefits, regulation of certain aspects of prepaid funeral benefits may be applied to religious organizationsJC-0417
Provisional autopsy report prepared in connection with inquest by justice of the peace is open to public inspectionJC-0422
Records, statute and state regulations governing access to death certificates over 25 years old prevail over Open Records Act and require local registrar to provide copies rather than originals and to charge a feeDM-0146
Remains of a deceased individual, chapter 716 of the Health and Safety Code permits a person authorized to dispose of to contract directly with a crematoryGA-0218
Section 202.052, Estates Code, citation by publication is required in all heirship proceedings to determine whether a decedent has any unknown heirs pursuant toKP-074
Sexton, powers of sexton limited to cemetery and surrounding areaLO90-063
Slayerís Rule or the constructive trust doctrine, a court would likely hold Probate Code section 41(e)(3) contravenes article I, section 21 of the Texas Constitution to the extent that it bars inheritance from a personís own child under circumstances not within the GA-0632
Storage of dead human bodies at medical examiners office, commissioners court may not authorize charge forLO92-020
The term "grave" as used in Penal Code is inclusive term and applicable regardless of ethnicity, antiquity, or markingsLO92-045
Tissue procurement organization, a county medical examiner may not seek reimbursement from organization for costs incurred when the medical examiner permits the organization to use the medical examiner's facility and resourcesGA-0544
Transportation of bodies to medical examiner's office, whether commissioners court may charge funeral home a fee forLO94-066
Transporting a body, a commissioners court is authorized to pay the cost of transporting a body to its final destination following an autopsy ordered by a justice of the peace only if a body is not claimed for burial or is to be buried at public expense, and if the Anatomical Board of the State of Texas does not require the body. Otherwise, the cost of transporting the body to its final destination is the responsibility of the person with the legal duty to inter the deceased, or that person's agent.KP-083