By: Menendez, Moody (Senate Sponsor - Campbell) H.B. No. 3064
(In the Senate - Received from the House April 22, 2013;
April 24, 2013, read first time and referred to Committee on
Veteran Affairs and Military Installations; May 9, 2013, reported
favorably by the following vote: Yeas 4, Nays 0; May 9, 2013, sent
to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the disposition of unclaimed cremated remains of
certain veterans.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 8, Health and Safety Code, is
amended by adding Chapter 696 to read as follows:
CHAPTER 696. DISPOSITION OF UNCLAIMED CREMATED REMAINS
Sec. 696.001. DEFINITIONS. In this chapter:
(1) "Verification information" means data required by
the United States Department of Veterans Affairs to verify whether
a person is a veteran or a veteran's dependent eligible for burial
in a veterans cemetery, including a copy of the person's death
certificate and the person's name, service number, social security
number, date of birth, date of death, and place of birth.
(2) "Veterans' service organization" means:
(A) a veterans' organization that is chartered by
the United States Congress;
(B) a veterans' service organization recognized
by the United States Department of Veterans Affairs; or
(C) a veterans' service organization that is
organized for verifying whether a person is a veteran or a veteran's
dependent and providing for interment of veterans and their
dependents and that is exempt from the payment of federal income
taxes under Section 501(c) of the Internal Revenue Code of 1986 by
being listed as an exempt organization under Section 501(c)(3) or
501(c)(19) of that code.
Sec. 696.002. APPLICABILITY. This chapter applies to any
person who possesses unclaimed cremated remains, including a
funeral establishment or funeral director licensed under Chapter
651, Occupations Code, a coroner, or a crematory.
Sec. 696.003. AUTHORIZATION TO RELEASE INFORMATION. A
person who possesses unclaimed cremated remains may release to the
United States Department of Veterans Affairs or a veterans' service
organization verification information associated with the remains
to verify whether the remains are the remains of a person who was a
veteran or a veteran's dependent eligible to be interred in a
veterans cemetery if:
(1) the person has possessed the cremated remains for
at least five years;
(2) the person authorized to dispose of the decedent's
remains under Section 711.002 has not claimed the cremated remains;
and
(3) the person made a reasonable effort to locate a
relative of the decedent to claim the remains, including publishing
notice in a newspaper of general circulation in the county in which
the person is located, and more than 30 days have passed since the
person first made an effort to locate a relative of the decedent.
Sec. 696.004. TRANSFER OF UNCLAIMED CREMATED REMAINS. A
person who receives notice from the United States Department of
Veterans Affairs or a veterans' service organization that the
unclaimed cremated remains are the remains of a veteran or
veteran's dependent eligible to be interred in a veterans cemetery
may:
(1) transport the cremated remains to the veterans
cemetery for burial; or
(2) transfer the cremated remains to a veterans'
service organization that will ensure that the cremated remains are
interred in a veterans cemetery.
Sec. 696.005. CIVIL IMMUNITY. (a) A person who releases
verification information as authorized by this chapter or who
transfers cremated remains to a veterans' service organization or a
veterans cemetery as authorized by this chapter is immune from
civil liability for damages resulting from the release or transfer.
(b) A veterans' service organization that inters cremated
remains in a veterans cemetery as authorized by this chapter is
immune from civil liability for damages arising from the interment.
SECTION 2. Subchapter I, Chapter 651, Occupations Code, is
amended by adding Section 651.410 to read as follows:
Sec. 651.410. AUTHORIZED RELEASE OF INFORMATION. Nothing
in this chapter prohibits a funeral director or establishment from
releasing information under Chapter 696, Health and Safety Code.
SECTION 3. This Act takes effect September 1, 2013.
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