Texas Attorney General Opinion: H-1065 Page: 1 of 4
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THE ATTORNEY GENERAL
* . TUE OF TEXAS
AUSTIN, TEMxAs 78711
JOHNf L. HILL
ATTORNEY GENERAL
October 4, 1977
Honorable L. B. Davis, Jr. Opinion No. H-1065
President
State Board of Morticians Re: Continued service on
1513 S. Interstate 35 State Board of Morticians
Austin, Texas 78741 by member who has changed
employment.
Dear Mr. Davis:
You advise that two members of your board were appointed
by the Governor on the same date and that both were confirmed
by the Senate. One was employed at the time by a corporation
owning and controlling more than three funeral establishments
in Texas, and the other was the proprietor of a single funeral
establishment. Both appointees qualified and began their Board
service. Later, the sole proprietor sold his business and
became an employee of the same corporation for which the other
board member works. You ask if either of them is now disquali-
fied to serve on the board.
The State Board of Morticians is created by section 2A of
article 4582b, V.T.C.S. In part it reads:
There is hereby created the State Board
of Morticians . . . consisting of six (6)
members who shall be citizens of the
United States and residents of the State
of Texas, and shall be licensed embalmers
and funeral directors in the State of
Texas. . . . The members of said Board
shall be appointed by the Governor, by
and with the consent of the Senate for a
period of six (6) years . . . No member
shall be appointed to the Board who is an
officer or employee of a corporation or
other business entity controlling or oper-
ating directly or indirectly, more than
three funeral establishments, if another
member of the Board is also an officer
or employee of the same corporation or
other business entity.p. 4566
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Texas. Attorney-General's Office. Texas Attorney General Opinion: H-1065, text, October 4, 1977; (https://texashistory.unt.edu/ark:/67531/metapth271590/m1/1/: accessed April 23, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.