Texas 2013 - 83rd Regular

Texas House Bill HB3064 Compare Versions

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1	1	By: Menendez, Moody (Senate Sponsor - Campbell) H.B. No. 3064
2	2	(In the Senate - Received from the House April 22, 2013;
3	3	April 24, 2013, read first time and referred to Committee on
4	4	Veteran Affairs and Military Installations; May 9, 2013, reported
5	5	favorably by the following vote: Yeas 4, Nays 0; May 9, 2013, sent
6	6	to printer.)
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the disposition of unclaimed cremated remains of
12	12	certain veterans.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subtitle B, Title 8, Health and Safety Code, is
15	15	amended by adding Chapter 696 to read as follows:
16	16	CHAPTER 696. DISPOSITION OF UNCLAIMED CREMATED REMAINS
17	17	Sec. 696.001. DEFINITIONS. In this chapter:
18	18	(1) "Verification information" means data required by
19	19	the United States Department of Veterans Affairs to verify whether
20	20	a person is a veteran or a veteran's dependent eligible for burial
21	21	in a veterans cemetery, including a copy of the person's death
22	22	certificate and the person's name, service number, social security
23	23	number, date of birth, date of death, and place of birth.
24	24	(2) "Veterans' service organization" means:
25	25	(A) a veterans' organization that is chartered by
26	26	the United States Congress;
27	27	(B) a veterans' service organization recognized
28	28	by the United States Department of Veterans Affairs; or
29	29	(C) a veterans' service organization that is
30	30	organized for verifying whether a person is a veteran or a veteran's
31	31	dependent and providing for interment of veterans and their
32	32	dependents and that is exempt from the payment of federal income
33	33	taxes under Section 501(c) of the Internal Revenue Code of 1986 by
34	34	being listed as an exempt organization under Section 501(c)(3) or
35	35	501(c)(19) of that code.
36	36	Sec. 696.002. APPLICABILITY. This chapter applies to any
37	37	person who possesses unclaimed cremated remains, including a
38	38	funeral establishment or funeral director licensed under Chapter
39	39	651, Occupations Code, a coroner, or a crematory.
40	40	Sec. 696.003. AUTHORIZATION TO RELEASE INFORMATION. A
41	41	person who possesses unclaimed cremated remains may release to the
42	42	United States Department of Veterans Affairs or a veterans' service
43	43	organization verification information associated with the remains
44	44	to verify whether the remains are the remains of a person who was a
45	45	veteran or a veteran's dependent eligible to be interred in a
46	46	veterans cemetery if:
47	47	(1) the person has possessed the cremated remains for
48	48	at least five years;
49	49	(2) the person authorized to dispose of the decedent's
50	50	remains under Section 711.002 has not claimed the cremated remains;
51	51	and
52	52	(3) the person made a reasonable effort to locate a
53	53	relative of the decedent to claim the remains, including publishing
54	54	notice in a newspaper of general circulation in the county in which
55	55	the person is located, and more than 30 days have passed since the
56	56	person first made an effort to locate a relative of the decedent.
57	57	Sec. 696.004. TRANSFER OF UNCLAIMED CREMATED REMAINS. A
58	58	person who receives notice from the United States Department of
59	59	Veterans Affairs or a veterans' service organization that the
60	60	unclaimed cremated remains are the remains of a veteran or
61	61	veteran's dependent eligible to be interred in a veterans cemetery
62	62	may:
63	63	(1) transport the cremated remains to the veterans
64	64	cemetery for burial; or
65	65	(2) transfer the cremated remains to a veterans'
66	66	service organization that will ensure that the cremated remains are
67	67	interred in a veterans cemetery.
68	68	Sec. 696.005. CIVIL IMMUNITY. (a) A person who releases
69	69	verification information as authorized by this chapter or who
70	70	transfers cremated remains to a veterans' service organization or a
71	71	veterans cemetery as authorized by this chapter is immune from
72	72	civil liability for damages resulting from the release or transfer.
73	73	(b) A veterans' service organization that inters cremated
74	74	remains in a veterans cemetery as authorized by this chapter is
75	75	immune from civil liability for damages arising from the interment.
76	76	SECTION 2. Subchapter I, Chapter 651, Occupations Code, is
77	77	amended by adding Section 651.410 to read as follows:
78	78	Sec. 651.410. AUTHORIZED RELEASE OF INFORMATION. Nothing
79	79	in this chapter prohibits a funeral director or establishment from
80	80	releasing information under Chapter 696, Health and Safety Code.
81	81	SECTION 3. This Act takes effect September 1, 2013.
82	82	* * * * *