BILL ANALYSIS Senate Research Center S.B. 571 By: Hinojosa Health & Human Services 9/28/2009 Enrolled AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Under Section 694.002 (Duty of Commissioners Court Concerning Disposition of Body of Deceased Paupers), Health and Safety Code, counties are required to provide for the disposition of a deceased pauper's body. This section authorizes the county to dispose of unidentified human remains by cremation. However, under Section 716.101 (Unidentified Human Remains), Health and Safety Code, a crematory is prohibited from accepting unidentified human remains. S.B. 571 is designed to alleviate overcrowding in counties whose health departments are at capacity for storage of unidentified human remains. S.B. 571 amends current law relating to a crematory establishment's authority to accept for cremation unidentified human remains. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 716.101, Health and Safety Code, as follows: Sec. 716.101. UNIDENTIFIED HUMAN REMAINS. (a) Creates this subsection from existing text. Creates an exception under Subsection (b). (b) Authorizes a crematory establishment, notwithstanding any other provision of this chapter, to accept for cremation unidentified human remains from a county on the order of the county commissioners court or a court located in the county. SECTION 2. Effective date: upon passage or September 1, 2009.
BILL ANALYSIS
Senate Research Center S.B. 571
By: Hinojosa
Health & Human Services
9/28/2009
Enrolled
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Under Section 694.002 (Duty of Commissioners Court Concerning Disposition of Body of Deceased Paupers), Health and Safety Code, counties are required to provide for the disposition of a deceased pauper's body. This section authorizes the county to dispose of unidentified human remains by cremation. However, under Section 716.101 (Unidentified Human Remains), Health and Safety Code, a crematory is prohibited from accepting unidentified human remains.
S.B. 571 is designed to alleviate overcrowding in counties whose health departments are at capacity for storage of unidentified human remains.
S.B. 571 amends current law relating to a crematory establishment's authority to accept for cremation unidentified human remains.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 716.101, Health and Safety Code, as follows:
Sec. 716.101. UNIDENTIFIED HUMAN REMAINS. (a) Creates this subsection from existing text. Creates an exception under Subsection (b).
(b) Authorizes a crematory establishment, notwithstanding any other provision of this chapter, to accept for cremation unidentified human remains from a county on the order of the county commissioners court or a court located in the county.
SECTION 2. Effective date: upon passage or September 1, 2009.