Texas House Bill HB923

Texas 2009 - 81st Regular

• Out of House Committee: 4/16/09
• Voted on by House: 4/30/09

Caption

Relating to prohibiting the disposition of a decedent's remains by a person charged with certain criminal conduct against the decedent.

Impact

The proposed legislation introduces important changes to how decisions about the burial or cremation of deceased individuals are made, especially in cases involving family violence. It specifies that if a person is indicted on charges relating to the decedent's death under family violence laws, they would be automatically disqualified from controlling the disposition of the remains. This is seen as a measure aimed at ensuring that the wishes of the deceased are respected while also protecting potential victims from their alleged perpetrators continuing to have control even after death.

Summary

House Bill 923 seeks to address the control and disposition of a decedent's remains, particularly focusing on prohibiting individuals charged with certain crimes connected to the decedent from having any say in how their remains are handled. The bill amends existing laws within the Health and Safety Code and the Texas Probate Code, reinforcing the priority hierarchy of individuals who are entitled to make decisions regarding a decedent's remains, such as their surviving spouse, children, or other family members, unless there is a legal impediment due to criminal charges against them.

Contention

While the bill seeks to enhance protections for families affected by domestic violence and ensure that individuals responsible for grave crimes cannot make decisions regarding the final treatment of their victims, it may also raise questions about due process. Concerns might arise regarding how allegations of criminal conduct are handled and the implications for the rights of the accused, especially if they have not been convicted. Critics may argue that there should be a thorough examination of the evidence before imposing such restrictions on a person's rights in matters of family decisions.