Texas House Bill HB1472

Texas 2013 - 83rd Regular

Caption

Relating to jurisdiction over the removal of remains.

Impact

The implementation of HB 1472 will have notable implications on how remains are treated post-interment in cemeteries. By delineating the consent process, the legislation aims to prevent unauthorized removals and ensure relatives have a legal stake in the decision-making. Additionally, it extends the review process for situations when consent cannot be obtained, ensuring that due legal process is followed. The bill also highlights the role of the Texas Historical Commission and the Texas Funeral Service Commission in regulating these activities, thereby enhancing oversight and compliance in the aftermath of interment practices.

Summary

House Bill 1472 addresses the jurisdiction over the removal of remains interred in cemeteries within Texas. The bill proposes amendments to Section 711.004 of the Health and Safety Code, specifying the legal requirements for the removal of remains. It underscores the necessity for written consent from the cemetery organization, current plot owners, and priority relatives of the deceased, such as the surviving spouse, adult children, and parents, among others, thereby establishing a clear hierarchy of consent for the removal process. If the required consent is not obtainable, the remains can be removed with permission from the statutory probate court or the district court depending on the existence of a probate court in the cemetery's county.

Contention

While the bill seeks to clarify procedures and enhance regulatory frameworks surrounding the removal of remains, it may face opposition concerning the prioritization of consent, particularly from those who may feel that it limits their rights regarding family burials or local governance of cemetery practices. There may also be concerns about how the legislation addresses emergency situations where immediate removal might be necessary, as outlined in the bill. The balance between proper consent and the need for expedient action in emergencies such as natural disasters or burial errors could be points of contention among stakeholders within the funeral and cemetery industries.