Texas Senate Bill SB99

Texas 2011 - 82nd Regular

• Out of Senate Committee: 3/21/11
• Introduced: 11/8/10
• Refer: 1/31/11
• Report Pass: 3/21/11

Caption

Relating to persons authorized to control the disposition of the remains of certain members of the United States armed forces.

Impact

The proposed changes within SB99 would streamline the legal process for determining who has the authority to make decisions regarding the remains of armed forces members. By prioritizing the DD Form 93, which reflects the individual's wishes as recorded by the U.S. Department of Defense, the bill is designed to eliminate potential disputes among surviving relatives or other parties concerning the disposition of those remains. This amendment caters specifically to the unique circumstances surrounding military personnel and their families.

Summary

SB99 focuses on the authority of individuals in control of the disposition of remains for certain deceased members of the United States armed forces. The bill amends Section 711.002 of the Health and Safety Code by introducing a new subsection that stipulates that if a DD Form 93 or its successor form is in effect at the time of death, it takes precedence over other written agreements concerning the control of remains. This ensures that the preferences expressed by service members during their lifetime are honored posthumously.

Contention

While the bill appears straightforward in its intent to clarify the rights associated with military remains, there could be areas of contention regarding its implementation. For instance, concerns may arise about how uniformly the form is utilized across different military branches and whether all personnel are adequately informed about its implications. Additionally, legal challenges might occur if there are conflicts between the DD Form 93 and state laws or other personal directives laid out by family members.