| 1 | 1 | | 81R4191 MTB-D |
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| 2 | 2 | | By: Riddle H.B. No. 2841 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the disposition of a decedent's remains by a |
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| 8 | 8 | | beneficiary named in the decedent's will. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 711.002(a), Health and Safety Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) Unless a decedent has left directions in writing for the |
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| 13 | 13 | | disposition of the decedent's remains as provided in Subsection |
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| 14 | 14 | | (g), the following persons, in the priority listed, have the right |
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| 15 | 15 | | to control the disposition, including cremation, of the decedent's |
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| 16 | 16 | | remains, shall inter the remains, and are liable for the reasonable |
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| 17 | 17 | | cost of interment: |
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| 18 | 18 | | (1) the person designated in a written instrument, the |
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| 19 | 19 | | form for which is prescribed by Subsection (b), signed by the |
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| 20 | 20 | | decedent; |
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| 21 | 21 | | (2) any one of the primary beneficiaries named in the |
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| 22 | 22 | | decedent's will, if the beneficiary is an individual; |
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| 23 | 23 | | (3) the decedent's surviving spouse; |
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| 24 | 24 | | (4) [(3)] any one of the decedent's surviving adult |
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| 25 | 25 | | children; |
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| 26 | 26 | | (5) [(4)] either one of the decedent's surviving |
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| 27 | 27 | | parents; |
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| 28 | 28 | | (6) [(5)] any one of the decedent's surviving adult |
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| 29 | 29 | | siblings; or |
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| 30 | 30 | | (7) [(6)] any adult person in the next degree of |
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| 31 | 31 | | kinship in the order named by law to inherit the estate of the |
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| 32 | 32 | | decedent. |
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| 33 | 33 | | SECTION 2. The changes in law made by this Act apply only to |
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| 34 | 34 | | the disposition of the remains of a decedent who dies on or after |
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| 35 | 35 | | the effective date of this Act. The disposition of the remains of a |
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| 36 | 36 | | decedent who dies before the effective date of this Act is governed |
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| 37 | 37 | | by the law in effect on the date of the decedent's death, and the |
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| 38 | 38 | | former law is continued in effect for that purpose. |
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| 39 | 39 | | SECTION 3. This Act takes effect September 1, 2009. |
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