Does a copunty have the authority to pay fees assessed by a funeral home upon transport of a body after an autopsy has been ordered?

facts: death occurred in scurry county....autopsy ordered and body transported to lubbock for exam by a scurry county owned ambulance....no charge.....upon completion of exam the family requests the body be sent to odessa for funeral....odessa funeral home takes body to odessa and bills county......JP approves the charge under her autopsy budget.....
i can fin no authority for the county to pay for a return trip either to scurry county or another county...only for the trip to the autopsy site....
Am i missing it?
Auditor is wanting to pay the bill over objection of the comm. ct.....
i am told usually the funeral home conducting service bills the family for the retun trip as part of the funeral costs.....
any help!!!!

The easier answer: The auditor only recommends payment to commissioners court. If the court chooses not to order payment, then the remaining option would be for the vendor to make a claim (breach of contract/quantum meruit/whatever) and resolve it through that process. The auditor cannot unilaterally decide to pay.

We would not pay it - would tell the family that it is their responsibility...if they want to show me that it is our expense, they are welcome to have their attorney educate me...

Lisa L. Peterson
Nolan County Attorney

So historically your county just ships its dead off to Lubbock and lets the family of each deceased pay for the return trip? Oh my.

If they are indigent and returning here, we will pay; if they want the body shipped elsewhere, the cost rises considerably and we will not incur it.

Lisa L. Peterson
Nolan County Attorney

thanks for the responses....the only authority i can find is the payment of travel expenses to the autopsy site......not the return trip....except in indigent cases....
thankfully, the auditor has backed off his stance and agreed not to issue the check and the comm. ct. formally declined to pay it as well.
Sometimes living in a rural jurisdiction is such a hoot!

"Sometimes living in a rural jurisdiction is such a hoot!"

Amen Brother!!!

Lisa L. Peterson
Nolan County Attorney