By: Thompson of Harris (Senate Sponsor - Huffman) H.B. No. 3070
(In the Senate - Received from the House May 11, 2015;
May 13, 2015, read first time and referred to Committee on State
Affairs; May 22, 2015, reported favorably by the following vote:
Yeas 9, Nays 0; May 22, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the disposition of remains.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 711.002, Health and Safety Code, is
amended by amending Subsections (a), (b), (c), and (g) and adding
Subsection (a-3) to read as follows:
(a) Except as provided by Subsection (l), unless a decedent
has left directions in writing for the disposition of the
decedent's remains as provided in Subsection (g), the following
persons, in the priority listed, have the right to control the
disposition, including cremation, of the decedent's remains, shall
inter the remains, and in accordance with Subsection (a-1) are
liable for the reasonable cost of interment:
(1) the person designated in a written instrument
signed by the decedent;
(2) the decedent's surviving spouse;
(3) any one of the decedent's surviving adult
children;
(4) either one of the decedent's surviving parents;
(5) any one of the decedent's surviving adult
siblings; [or]
(6) any one or more of the duly qualified executors or
administrators of the decedent's estate; or
(7) any adult person in the next degree of kinship in
the order named by law to inherit the estate of the decedent.
(a-3) A person exercising the right to control the
disposition of remains under Subsection (a), other than a duly
qualified executor or administrator of the decedent's estate, is
liable for the reasonable cost of interment and may seek
reimbursement for that cost from the decedent's estate. When an
executor or administrator exercises the right to control the
disposition of remains under Subsection (a)(6), the decedent's
estate is liable for the reasonable cost of interment, and the
executor or administrator is not individually liable for that cost.
(b) The written instrument referred to in Subsection (a)(1)
may [shall] be in substantially the following form:
APPOINTMENT FOR [OF AGENT TO CONTROL] DISPOSITION OF REMAINS
I, ,
(your name and address)
being of sound mind, willfully and voluntarily make known my desire
that, upon my death, the disposition of my remains shall be
controlled by
(name of agent)
in accordance with Section 711.002 of the Health and Safety Code
and, with respect to that subject only, I hereby appoint such person
as my agent (attorney-in-fact).
All decisions made by my agent with respect to the
disposition of my remains, including cremation, shall be binding.
SPECIAL DIRECTIONS:
Set forth below are any special directions limiting the power
granted to my agent:
AGENT:
Name:
Address:
Telephone Number:
[Acceptance of Appointment:
[(signature of agent)
[Date of Signature: ]
SUCCESSORS:
If my agent or a successor agent dies, becomes legally
disabled, resigns, or refuses to act, or if I divorce my agent or
successor agent and this instrument does not state that the
divorced agent or successor agent continues to serve after my
divorce from that agent or successor agent, I hereby appoint the
following persons (each to act alone and successively, in the order
named) to serve as my agent (attorney-in-fact) to control the
disposition of my remains as authorized by this document:
1. First Successor
Name:
Address:
Telephone Number:
[Acceptance of Appointment:
[(signature of first successor)
[Date of Signature: ]
2. Second Successor
Name:
Address:
Telephone Number:
[Acceptance of Appointment:
[(signature of second successor)
[Date of Signature: ]
DURATION:
This appointment becomes effective upon my death.
PRIOR APPOINTMENTS REVOKED:
I hereby revoke any prior appointment of any person to
control the disposition of my remains.
RELIANCE:
I hereby agree that any cemetery organization, business
operating a crematory or columbarium or both, funeral director or
embalmer, or funeral establishment who receives a copy of this
document may act under it. Any modification or revocation of this
document is not effective as to any such party until that party
receives actual notice of the modification or revocation. No such
party shall be liable because of reliance on a copy of this
document.
ASSUMPTION:
THE AGENT, AND EACH SUCCESSOR AGENT, BY ACCEPTING THIS
APPOINTMENT, ASSUMES THE OBLIGATIONS PROVIDED IN, AND IS BOUND BY
THE PROVISIONS OF, SECTION 711.002 OF THE HEALTH AND SAFETY CODE.
SIGNATURES:
This written instrument and my appointments of an agent and
any successor agent in this instrument are valid without the
signature of my agent and any successor agents below. Each agent,
or a successor agent, acting pursuant to this appointment must
indicate acceptance of the appointment by signing below before
acting as my agent.
Signed this ________ day of _________________, 20 [19]___.
(your signature)
State of ____________________
County of ___________________
This document was acknowledged before me on ______ (date) by
_____________________________ (name of principal).
_________________________________
(signature of notarial officer)
(Seal, if any, of notary)
_________________________________
(printed name)
My commission expires:
_________________________________
ACCEPTANCE AND ASSUMPTION BY AGENT:
I have no knowledge of or any reason to believe this
Appointment for Disposition of Remains has been revoked. I hereby
accept the appointment made in this instrument with the
understanding that I will be individually liable for the reasonable
cost of the decedent's interment, for which I may seek
reimbursement from the decedent's estate.
Acceptance of Appointment:
(signature of agent)
Date of Signature:
Acceptance of Appointment:
(signature of first successor)
Date of Signature:
Acceptance of Appointment:
(signature of second successor)
Date of Signature:
(c) A written instrument is legally sufficient under
Subsection (a)(1) if the instrument designates a person to control
the disposition of the decedent's remains, the instrument is signed
by the decedent, the signature of the decedent is acknowledged, and
the agent or successor agent signs the instrument before acting as
the decedent's agent. Unless the instrument provides otherwise,
the designation of the decedent's spouse as an agent or successor
agent in the instrument is revoked on the divorce of the decedent
and the spouse appointed as an agent or successor agent [wording of
the instrument complies substantially with Subsection (b), the
instrument is properly completed, the instrument is signed by the
decedent, the agent, and each successor agent, and the signature of
the decedent is acknowledged]. Such written instrument may be
modified or revoked only by a subsequent written instrument that
complies with this subsection.
(g) A person may provide written directions for the
disposition, including cremation, of the person's remains in a
will, a prepaid funeral contract, or a written instrument signed
and acknowledged by such person. A party to the prepaid funeral
contract or a written contract providing for all or some of a
decedent's funeral arrangements who fails to honor the contract is
liable for the additional expenses incurred in the disposition of
the decedent's remains as a result of the breach of contract. The
directions may govern the inscription to be placed on a grave marker
attached to any plot in which the decedent had the right of
sepulture at the time of death and in which plot the decedent is
subsequently interred. The directions may be modified or revoked
only by a subsequent writing signed and acknowledged by such
person. The person otherwise entitled to control the disposition
of a decedent's remains under this section shall faithfully carry
out the directions of the decedent to the extent that the decedent's
estate or the person controlling the disposition are financially
able to do so.
SECTION 2. Section 711.002, Health and Safety Code, as
amended by this Act, applies only to the validity of a document
executed on or after the effective date of this Act. The validity
of a document executed before the effective date of this Act is
governed by the law in effect on the date the document was executed,
and that law continues in effect for that purpose.
SECTION 3. (a) Except as otherwise provided in this
section, the changes in law made by this Act apply to:
(1) an instrument described by Section 711.002(a)(1),
Health and Safety Code, as amended by this Act, created before, on,
or after the effective date of this Act; and
(2) a judicial proceeding concerning an instrument
described by Section 711.002(a)(1), Health and Safety Code, as
amended by this Act, that:
(A) commences on or after the effective date of
this Act; or
(B) is pending on the effective date of this Act.
(b) If the court finds that application of a provision of
this Act would substantially interfere with the effective conduct
of a judicial proceeding concerning an instrument described by
Section 711.002(a)(1), Health and Safety Code, as amended by this
Act, that is pending on the effective date of this Act or prejudice
the rights of a party to the proceeding, the provision of this Act
does not apply, and the law in effect immediately before the
effective date of this Act applies in those circumstances.
SECTION 4. This Act takes effect September 1, 2015.
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