| DEATH AND DECEDENTS |
| Autopsy in out-of-county death, justice of the peace does not have authority to order | LO94-060 |
| 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 Procedure | JC-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 Procedure | LO98-122 |
| Autopsy, county of decedent's residence may not enter interlocal cooperation contract to conduct or pay for if death occurred in neighboring county hospital | JC-0071 |
| Autopsy, municipal judge does not have authority to order | LO97-101 |
| Burial expenses of child, whether state agency, as permanent managing conservator, is responsible for | LO96-037 |
| Burial of deceased paupers, authority of county to purchase and maintain land for | GA-0235 |
| Cadavers may not be transferred to other states for use in medical education and research unless other state has promised Anatomical Board to reciprocate | JC-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 not | JC-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 a | JC-0477 |
| Casket constitutes funeral merchandise | JC-0505 |
| Casket, sale of for imminent burial does not of itself constitute funeral directing | JC-0505 |
| Cemeteries, property dedicated as a cemetery must be used as a cemetery unless and until the dedication is removed | JC-0235 |
| Cemetery dedicated under common law, effect of conveyance, application of chapter 711 of the Health and Safety Code | JC-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, 1991 | JC-0235 |
| Cemetery organization subject to section 711.034 of the Texas Health and Safety Code, an unincorporated family is not a | GA-0448 |
| Cemetery, commissioners court may determine whether non-human animals may be buried in | LO93-016 |
| Cemetery, home-rule municipality authorized to operate | GA-0044 |
| Cemetery, public access to | JC-0355 |
| County labor and equipment to open and close graves in a private cemetery, an individual county commissioner may not use | JC-0329 |
| County’s duty to dispose of deceased paupers’ remains, a county may not dispose of an unidentified pauper’s 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 cremated | GA-0310 |
| Death certificate that lists AIDS or HIV as cause of death, authority of Department of Health to release | DM-0061 |
| Death certificates, authority of justice of the peace or county court at law to cause an amendment to | GA-0718 |
| Dedicated cemetery land and land abutting a cemetery, state university’s 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 Constitution | GA-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 property | JC-0235 |
| Disposition of decedent's remains, modification of instructions in a preneed funeral services contract | JC-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 principal’s remains specified in a prepaid funeral contract of which principal is purchaser and beneficiary | GA-0720 |
| Embalmer, authority to perform services for funeral home on the premises as an independent contractor | JC-0059 |
| Fees charged by institutions transferring cadavers to third parties, Anatomical Board is not authorized to regulate | JC-0583 |
| Forensic Science Commission's accreditation authority over postmortem toxicological analysis | KP-0188 |
| Funeral home, authority to designate off-site embalming facility | JC-0059 |
| Funeral home, authority to retain a licensed embalmer as an independent contractor to embalm on the premises | JC-0059 |
| Funeral provider’s inference from purchases made in prepaid funeral benefits contract does not satisfy statutory requirement for written directions | KP-0232 |
| Funeral Service Commission complaint review committee subject to Open Meetings Act only when performing supervisory functions | LO97-058 |
| 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 contractor | JC-0059 |
| Hospital district may not fund medical examiner's office because it does not serve a hospital purpose | LO97-004 |
| 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 hearing | JM-1202 |
| Inquest procedures, whether physician who monitors treatment of ambulance patient by telemetry "attends" patient and may certify to cause of death as attending physician | LO92-063 |
| Inquest, justice of the peace may subpoena emergency medical records when required to perform | LO97-033 |
| 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 cause | LO96-119 |
| Inquest, no one but justice of the peace who serves precinct where the body was found (or temporary justice) may conduct | JC-0083 |
| Medical examiner may contract with hospital district in private capacity to perform tests for hospital purposes | LO97-004 |
| Method of disposition for purchaser’s 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 for | LO93-028 |
| 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 death | DM-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 rules | JC-0228 |
| Paupers' remains, commissioners court's authority to provide for disposition of by cremation | GA-0301 |
| Prepaid funeral benefits contract as written directions for disposition of beneficiary's remains | KP-0232 |
| Prepaid funeral benefits, regulation of certain aspects of prepaid funeral benefits may be applied to religious organizations | JC-0417 |
| Provisional autopsy report prepared in connection with inquest by justice of the peace is open to public inspection | JC-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 fee | DM-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 crematory | GA-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 to | KP-0074 |
| Sexton, powers of sexton limited to cemetery and surrounding area | LO90-063 |
| Slayer’s 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 person’s own child under circumstances not within the
| GA-0632 |
| Storage of dead human bodies at medical examiners office, commissioners court may not authorize charge for | LO92-020 |
| The term "grave" as used in Penal Code is inclusive term and applicable regardless of ethnicity, antiquity, or markings | LO92-045 |
| 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 resources | GA-0544 |
| Transportation of bodies to medical examiner's office, whether commissioners court may charge funeral home a fee for | LO94-066 |
| 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-0083 |
