Your letter of July 26 asks our advice on two questions, .the first or which is: Whether the provis- ions of Article 4584, Vernon!s Civil Statutes, are man- datory." So far as pertinent to your inquiry and for the proper analysis of the question, we.~quote from Arti- cle 4584 as rollows:

"All public officers, and ser- vants, and all officers, agents and servants cf any county, city, town, district or other municipality, and of any and every almshouse, prison, morgue, hospital, or any other pub- charge or control lic institution, having of dead human bodies required to be buried at expense are hereby re uired public after not- ification in writing by sai -+%---' oard or its duly authorized officers, or persons designated by the authorities of said board, then and there- after to announce to said board, its author- or agent, whenever such body or ized orricer bodies come into his or their possession, and shall without Pee or charge or control, reward greater than the-e of such l'ee as was paid in any county, city, town, or munici- pality on the third day of April, the burial of pauper bodies, such body *2 Hon. Raymond F’. Blonnt, Page 2, V-3.58.

or bodies, and permit the said board and its agents and the physicians and surgeons, rrom time to time designated by them who may com- ply with the provisions of this law, to take and remove all such bodies as are not desired for post mortem examination by the medical stair of public hospitals or institutions ror the insane, to be used within this State ror the advancement of medical science. e . .)) (Xmphasis supplied throughout this opinion). Certain exceptions are provided for bodies hav- ing claimants and for those bodies with contagious dis- Further provisions are made governing the length eases. of time which shall expire after death and arter notice to those notified to take charge of the body, artsr which the body becomes subject to disposal The Article rurther provides that "do-

of this Article. livery shall be made as soon thereafter to said Board,its orricers, Or as may be possibleoR

The Board referred to was created by Art, 4583, V. c. s., as the Anatomical Board of the State of Texas. It is made up of the Profesaor of Anatomy and the Profrs- sor of Surgery of each of the medical schools or colleges incorporated in the State of Texas, and of the ssvoral med- ical and dental schools and colleges inqoqoratsd in this Other provisions are made for proper sareguarda State. in connection with the handling and for the organization, functions and expenses of the Anatomi- cal Board0

The statute seems to be clear in requiring those in charge or-dead bodies, named within the statutes, to them, under the circumstances set out in the stat- ute, to the Anatomical Board or as directed by it. The used in this Article when con- words vshallv and 'required" sidered in connection with the general purposes and subject matter of the statute bear out the position that this stat- To construe the statute otherwise would ute is mandatory. leave the Anatomical Board entirely subject to the pleas- ure of those named in the statutes and would offer little assurance of a supply of subjects upon which the medical institutions might facilitate the instruction there given.

Your second question asks whether those persons embalming the Anatomical Board are exempt within the terms or Article Vernon's Penal Code, from the rs- qnirsment contained in Art, 759 of Vernon's Penal Code, *3 Hon. Raymond F. BLount , Page 3) V-358.

that “every person engaged in or desiring to engage in the practice of embalming in connection with the care and disposition of dead bodies within this State shall make a written application to the State Board of Embalm- ing for a license”, etc.

Article 761 of the same Chapter, providing ex- emptions , reads :

“This chapter does not apply to one simply engaged in the furnishing of burial receptacles, nor is it intended to apply to or interfere with the duties of anv muni- county or State officer or State in- cipal~, stitution.” 4583 .creates the Anatomical Board as

an official body and its members are, therefore, State officers. Their duties and the activities of those per- forming neoessary acts in carrying out those duties un- der the direction of the Anatomical Board are clearly not subject to the embalmer’s license law.

This opinion is not to be understood as Limit- ing or restricting the application of Rules77 through 86 of Article 4477, Vernon’s Civil Statutes, regulating the transportation

The provisions of Art. 4504 V.C.S., re- quiring the delivery of dead bodies under the circumstances therein set out, to the Anato- mical Board of the State of Texas, is manda- tory.

Embalming of dead bodies in the custody of the Anatomical Board is not required to be done by a Licensed embalmer. Art. 761 V.P.C. Very truly yours ATTOE?EY GENERAL OF TEXAS APPROVED 7 By?dm&-

Tr- FI T ASSISTANT Ned McDaniel ATT0 RNEY GENERAL Assistant N&:x%: jmc