Texas 2015 - 84th Regular

Texas House Bill HB3070 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Thompson of Harris (Senate Sponsor - Huffman) H.B. No. 3070
2		-	(In the Senate - Received from the House May 11, 2015;
3		-	May 13, 2015, read first time and referred to Committee on State
4		-	Affairs; May 22, 2015, reported favorably by the following vote:
5		-	Yeas 9, Nays 0; May 22, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 3070
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the disposition of remains.
12	6		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	7		SECTION 1. Section 711.002, Health and Safety Code, is
14	8		amended by amending Subsections (a), (b), (c), and (g) and adding
15	9		Subsection (a-3) to read as follows:
16	10		(a) Except as provided by Subsection (l), unless a decedent
17	11		has left directions in writing for the disposition of the
18	12		decedent's remains as provided in Subsection (g), the following
19	13		persons, in the priority listed, have the right to control the
20	14		disposition, including cremation, of the decedent's remains, shall
21	15		inter the remains, and in accordance with Subsection (a-1) are
22	16		liable for the reasonable cost of interment:
23	17		(1) the person designated in a written instrument
24	18		signed by the decedent;
25	19		(2) the decedent's surviving spouse;
26	20		(3) any one of the decedent's surviving adult
27	21		children;
28	22		(4) either one of the decedent's surviving parents;
29	23		(5) any one of the decedent's surviving adult
30	24		siblings; [or]
31	25		(6) any one or more of the duly qualified executors or
32	26		administrators of the decedent's estate; or
33	27		(7) any adult person in the next degree of kinship in
34	28		the order named by law to inherit the estate of the decedent.
35	29		(a-3) A person exercising the right to control the
36	30		disposition of remains under Subsection (a), other than a duly
37	31		qualified executor or administrator of the decedent's estate, is
38	32		liable for the reasonable cost of interment and may seek
39	33		reimbursement for that cost from the decedent's estate. When an
40	34		executor or administrator exercises the right to control the
41	35		disposition of remains under Subsection (a)(6), the decedent's
42	36		estate is liable for the reasonable cost of interment, and the
43	37		executor or administrator is not individually liable for that cost.
44	38		(b) The written instrument referred to in Subsection (a)(1)
45	39		may [shall] be in substantially the following form:
46	40		APPOINTMENT FOR [OF AGENT TO CONTROL] DISPOSITION OF REMAINS
47	41		I, ,
48	42		(your name and address)
49	43		being of sound mind, willfully and voluntarily make known my desire
50	44		that, upon my death, the disposition of my remains shall be
51	45		controlled by
52	46		(name of agent)
53	47		in accordance with Section 711.002 of the Health and Safety Code
54	48		and, with respect to that subject only, I hereby appoint such person
55	49		as my agent (attorney-in-fact).
56	50		All decisions made by my agent with respect to the
57	51		disposition of my remains, including cremation, shall be binding.
58	52		SPECIAL DIRECTIONS:
59	53		Set forth below are any special directions limiting the power
60	54		granted to my agent:
61	55		AGENT:
62	56		Name:
63	57		Address:
64	58		Telephone Number:
65	59		[Acceptance of Appointment:
66	60		[(signature of agent)
67	61		[Date of Signature: ]
68	62		SUCCESSORS:
69	63		If my agent or a successor agent dies, becomes legally
70	64		disabled, resigns, or refuses to act, or if I divorce my agent or
71	65		successor agent and this instrument does not state that the
72	66		divorced agent or successor agent continues to serve after my
73	67		divorce from that agent or successor agent, I hereby appoint the
74	68		following persons (each to act alone and successively, in the order
75	69		named) to serve as my agent (attorney-in-fact) to control the
76	70		disposition of my remains as authorized by this document:
77	71		1. First Successor
78	72		Name:
79	73		Address:
80	74		Telephone Number:
81	75		[Acceptance of Appointment:
82	76		[(signature of first successor)
83	77		[Date of Signature: ]
84	78		2. Second Successor
85	79		Name:
86	80		Address:
87	81		Telephone Number:
88	82		[Acceptance of Appointment:
89	83		[(signature of second successor)
90	84		[Date of Signature: ]
91	85		DURATION:
92	86		This appointment becomes effective upon my death.
93	87		PRIOR APPOINTMENTS REVOKED:
94	88		I hereby revoke any prior appointment of any person to
95	89		control the disposition of my remains.
96	90		RELIANCE:
97	91		I hereby agree that any cemetery organization, business
98	92		operating a crematory or columbarium or both, funeral director or
99	93		embalmer, or funeral establishment who receives a copy of this
100	94		document may act under it. Any modification or revocation of this
101	95		document is not effective as to any such party until that party
102	96		receives actual notice of the modification or revocation. No such
103	97		party shall be liable because of reliance on a copy of this
104	98		document.
105	99		ASSUMPTION:
106	100		THE AGENT, AND EACH SUCCESSOR AGENT, BY ACCEPTING THIS
107	101		APPOINTMENT, ASSUMES THE OBLIGATIONS PROVIDED IN, AND IS BOUND BY
108	102		THE PROVISIONS OF, SECTION 711.002 OF THE HEALTH AND SAFETY CODE.
109	103		SIGNATURES:
110	104		This written instrument and my appointments of an agent and
111	105		any successor agent in this instrument are valid without the
112	106		signature of my agent and any successor agents below. Each agent,
113	107		or a successor agent, acting pursuant to this appointment must
114	108		indicate acceptance of the appointment by signing below before
115	109		acting as my agent.
116	110		Signed this ________ day of _________________, 20 [19]___.
117	111		(your signature)
118	112		State of ____________________
119	113		County of ___________________
120	114		This document was acknowledged before me on ______ (date) by
121	115		_____________________________ (name of principal).
122	116		_________________________________
123	117		(signature of notarial officer)
124	118		(Seal, if any, of notary)
125	119		_________________________________
126	120		(printed name)
127	121		My commission expires:
128	122		_________________________________
129	123		ACCEPTANCE AND ASSUMPTION BY AGENT:
130	124		I have no knowledge of or any reason to believe this
131	125		Appointment for Disposition of Remains has been revoked. I hereby
132	126		accept the appointment made in this instrument with the
133	127		understanding that I will be individually liable for the reasonable
134	128		cost of the decedent's interment, for which I may seek
135	129		reimbursement from the decedent's estate.
136	130		Acceptance of Appointment:
137	131		(signature of agent)
138	132		Date of Signature:
139	133		Acceptance of Appointment:
140	134		(signature of first successor)
141	135		Date of Signature:
142	136		Acceptance of Appointment:
143	137		(signature of second successor)
144	138		Date of Signature:
145	139		(c) A written instrument is legally sufficient under
146	140		Subsection (a)(1) if the instrument designates a person to control
147	141		the disposition of the decedent's remains, the instrument is signed
148	142		by the decedent, the signature of the decedent is acknowledged, and
149	143		the agent or successor agent signs the instrument before acting as
150	144		the decedent's agent. Unless the instrument provides otherwise,
151	145		the designation of the decedent's spouse as an agent or successor
152	146		agent in the instrument is revoked on the divorce of the decedent
153	147		and the spouse appointed as an agent or successor agent [wording of
154	148		the instrument complies substantially with Subsection (b), the
155	149		instrument is properly completed, the instrument is signed by the
156	150		decedent, the agent, and each successor agent, and the signature of
157	151		the decedent is acknowledged]. Such written instrument may be
158	152		modified or revoked only by a subsequent written instrument that
159	153		complies with this subsection.
160	154		(g) A person may provide written directions for the
161	155		disposition, including cremation, of the person's remains in a
162	156		will, a prepaid funeral contract, or a written instrument signed
163	157		and acknowledged by such person. A party to the prepaid funeral
164	158		contract or a written contract providing for all or some of a
165	159		decedent's funeral arrangements who fails to honor the contract is
166	160		liable for the additional expenses incurred in the disposition of
167	161		the decedent's remains as a result of the breach of contract. The
168	162		directions may govern the inscription to be placed on a grave marker
169	163		attached to any plot in which the decedent had the right of
170	164		sepulture at the time of death and in which plot the decedent is
171	165		subsequently interred. The directions may be modified or revoked
172	166		only by a subsequent writing signed and acknowledged by such
173	167		person. The person otherwise entitled to control the disposition
174	168		of a decedent's remains under this section shall faithfully carry
175	169		out the directions of the decedent to the extent that the decedent's
176	170		estate or the person controlling the disposition are financially
177	171		able to do so.
178	172		SECTION 2. Section 711.002, Health and Safety Code, as
179	173		amended by this Act, applies only to the validity of a document
180	174		executed on or after the effective date of this Act. The validity
181	175		of a document executed before the effective date of this Act is
182	176		governed by the law in effect on the date the document was executed,
183	177		and that law continues in effect for that purpose.
184	178		SECTION 3. (a) Except as otherwise provided in this
185	179		section, the changes in law made by this Act apply to:
186	180		(1) an instrument described by Section 711.002(a)(1),
187	181		Health and Safety Code, as amended by this Act, created before, on,
188	182		or after the effective date of this Act; and
189	183		(2) a judicial proceeding concerning an instrument
190	184		described by Section 711.002(a)(1), Health and Safety Code, as
191	185		amended by this Act, that:
192	186		(A) commences on or after the effective date of
193	187		this Act; or
194	188		(B) is pending on the effective date of this Act.
195	189		(b) If the court finds that application of a provision of
196	190		this Act would substantially interfere with the effective conduct
197	191		of a judicial proceeding concerning an instrument described by
198	192		Section 711.002(a)(1), Health and Safety Code, as amended by this
199	193		Act, that is pending on the effective date of this Act or prejudice
200	194		the rights of a party to the proceeding, the provision of this Act
201	195		does not apply, and the law in effect immediately before the
202	196		effective date of this Act applies in those circumstances.
203	197		SECTION 4. This Act takes effect September 1, 2015.
204		-	* * * * *
	198	+	______________________________ ______________________________
	199	+	President of the Senate Speaker of the House
	200	+	I certify that H.B. No. 3070 was passed by the House on May 8,
	201	+	2015, by the following vote: Yeas 142, Nays 0, 2 present, not
	202	+	voting.
	203	+	______________________________
	204	+	Chief Clerk of the House
	205	+	I certify that H.B. No. 3070 was passed by the Senate on May
	206	+	27, 2015, by the following vote: Yeas 31, Nays 0.
	207	+	______________________________
	208	+	Secretary of the Senate
	209	+	APPROVED: _____________________
	210	+	Date
	211	+	_____________________
	212	+	Governor