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