There was a recent article from TAC wherein it was asserted that the county was responsible for all "first call" dead body pickup expenses. With the exception of paupers and dead bodies ordered to an autopsy, I disagree and I am looking for input.

Our county is small and we do not have a morgue or a medical examiner. In addition we are a retirement community and have a large number of unattended deaths. Historically in non-autopsy cases the three funeral homes in County have worked on rotation transporting dead bodies from site of death to a funeral home and other than pauper the family pays the first call expense. The funeral homes presented the TAC article and now believe the county is responsible for all first calls.

CCP Chapter 49 addresses JP inquests and provides for certain expenses to be paid by the county following the JP inquest. FIrst Call is not enumerated as a County expense.

Texas Occupation Code Chapter 651 addresses funeral issues. "First Call" is defined as the beginning of the relationship and duty of the funeral director to take charge of a dead human body and have the body prepared for burial or disposition. Texas Admin. Code Title 22, rule 203.2 clarifies the first call definition by stating first call is the beginning of the relationship between the consumer and licensed funeral director and licensed funeral establishment to prepare the body for burial or final disposition. Paragraph (a) states the relationship is initiated by the consumer or person responsible for making arrangements for final disposition. Texas Funeral Commission says "consumer" is not defined but that the county is a person under federal definition. Other than paupers, the county does not fit Black's or Texas Business Code definitions of a consumer.I assert that although the county is a "person", we are not the "person responsible for making final arrangements for final disposition." Texas Funeral Commission acknowledges the family of the deceased is normally the "party responsible for final disposition."

TAC has not provided any supporting documents and the only AG opinion I could find is JM-808 wherein it is clearly established the first movement of a dead body is not necessarily a first call. JM-808 further states that the family has a right of possession of the dead body as well as a duty to provide for burial and indicates that if the body is moved before a funeral director has been engaged to prepare the body for final disposition the statutes governing first call do not apply. Texas Funeral Commission says Rule 203.2 has never been challenged and their solution is to "get a contract with a local funeral home to cut costs."

Any feedback would be appreciated.

We are doing it the same way; I didn't see the TAC article, and wonder what the basis was?

Lisa L. Peterson
Nolan County Attorney