Texas 2021 - 87th Regular

Texas House Bill HB2181

Caption

Relating to the removal of a decedent's remains.

Impact

The impact of this bill on state law is significant, as it clarifies the legal process for the removal of remains. By formally establishing a consent procedure, the bill seeks to prevent potential disputes among family members regarding the removal of a loved one's remains. It ensures a more structured approach to what can often be a sensitive and emotionally charged issue. The bill becomes effective on September 1, 2021, influencing how cemeteries operate and interact with families of the decedents.

Summary

House Bill 2181 addresses the legal considerations surrounding the removal of remains from cemeteries in Texas. The bill amends Section 711.004(a) of the Health and Safety Code, establishing the conditions under which remains can be removed. It stipulates that written consent must be obtained from the cemetery organization as well as the current plot owner. Additionally, it outlines a hierarchy of individuals whose consent is needed, including the decedent's spouse, children, parents, siblings, and duly qualified executors or administrators of the estate. This prioritization aims to uphold the wishes of the deceased and respect the rights of their immediate relatives.

Sentiment

The general sentiment surrounding HB2181 appears to be supportive, with recognition of the need for clear regulations to address a sensitive topic. Lawmakers and stakeholders involved in cemetery management likely consider this bill a necessary measure to mitigate conflicts that could arise among family members regarding decisions about remains. Since the legislation emphasizes consent and prioritizes family relationships, it aligns with societal values surrounding dignity and respect for the deceased.

Contention

While specific points of contention are not heavily documented in the available discussions, there could be underlying concerns regarding the prioritization of consent. For instance, potential disputes may arise if family dynamics are complex, particularly if there are estranged relationships or contested claims to being the rightful person to consent. However, the bill's framework is aimed at providing family members with a clear process to follow, which may help alleviate such issues.

Companion Bills

TX SB1931

Same As Relating to the removal of a decedent's remains.

Previously Filed As

TX HB2980

Relating to the disposition and removal of a decedent's remains.

TX SB1300

Relating to the disposition and removal of a decedent's remains.

TX SB1373

Relating to decedents' estates and the delivery of certain notices or other communications in connection with those estates or multiple-party accounts.

TX HB2821

Relating to decedents' estates and the delivery of certain notices or other communications in connection with those estates or multiple-party accounts.

TX HB3110

Relating to the removal of human remains interred in a discovered unknown or abandoned cemetery.

TX HB2852

Relating to the control by certain persons of the disposition of a decedent's remains.

TX HB264

Relating to requirements for the physical presence of a borrower for signing certain documents related to a home equity loan.

TX HB4989

Relating to the presumption of validity for an advance directive and permissible forms of a medical power of attorney.

TX HB2589

Relating to the form of a medical power of attorney.

TX HB647

Relating to an advance directive and do-not-resuscitate order of a pregnant woman and information provided for an advance directive.

Similar Bills

No similar bills found.