Texas 2017 - 85th Regular

Texas House Bill HB994 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R2918 LED-F
2	2	By: Wray H.B. No. 994
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the disposition of remains and anatomical gifts.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 692A.005(b), Health and Safety Code, is
10	10	amended to read as follows:
11	11	(b) A donor or other person authorized to make an anatomical
12	12	gift under Section 692A.004 may make a gift by a donor card or other
13	13	record signed by the donor or other person making the gift or by
14	14	authorizing that a statement or symbol indicating the donor has
15	15	made an anatomical gift be included on a donor registry. If the
16	16	donor or other person is physically unable to sign a record, the
17	17	record may be signed by another individual at the direction of the
18	18	donor or other person and must:
19	19	(1) be witnessed by at least two adults, at least one
20	20	of whom is a disinterested witness, who have signed at the request
21	21	of the donor or the other person, or be acknowledged before a notary
22	22	public; and
23	23	(2) state that the record has been signed and
24	24	witnessed or acknowledged as provided in Subdivision (1).
25	25	SECTION 2. Section 692A.006(b), Health and Safety Code, is
26	26	amended to read as follows:
27	27	(b) A record signed pursuant to Subsection (a)(1)(C) must:
28	28	(1) be witnessed by at least two adults, at least one
29	29	of whom is a disinterested witness, who have signed at the request
30	30	of the donor or the other person, or be acknowledged before a notary
31	31	public; and
32	32	(2) state that the record has been signed and
33	33	witnessed or acknowledged as provided in Subdivision (1).
34	34	SECTION 3. Section 692A.007(b), Health and Safety Code, is
35	35	amended to read as follows:
36	36	(b) A record signed pursuant to Subsection (a)(1)(B) must:
37	37	(1) be witnessed by at least two adults, at least one
38	38	of whom is a disinterested witness, who have signed at the request
39	39	of the individual, or be acknowledged before a notary public; and
40	40	(2) state that the record has been signed and
41	41	witnessed or acknowledged as provided in Subdivision (1).
42	42	SECTION 4. Sections 711.002(b) and (c), Health and Safety
43	43	Code, are amended to read as follows:
44	44	(b) The written instrument referred to in Subsection (a)(1)
45	45	may be in substantially the following form:
46	46	APPOINTMENT FOR DISPOSITION OF REMAINS
47	47	I, ,
48	48	(your name and address)
49	49	being of sound mind, willfully and voluntarily make known my desire
50	50	that, upon my death, the disposition of my remains shall be
51	51	controlled by
52	52	(name of agent)
53	53	in accordance with Section 711.002, [of the] Health and Safety
54	54	Code, and, with respect to that subject only, I hereby appoint such
55	55	person as my agent (attorney-in-fact).
56	56	All decisions made by my agent with respect to the
57	57	disposition of my remains, including cremation, shall be binding.
58	58	SPECIAL DIRECTIONS:
59	59	Set forth below are any special directions limiting the power
60	60	granted to my agent:
61	61	AGENT:
62	62	Name:
63	63	Address:
64	64	Telephone Number:
65	65	SUCCESSORS:
66	66	If my agent or a successor agent dies, becomes legally
67	67	disabled, resigns, or refuses to act, or if my marriage to [I
68	68	divorce] my agent or successor agent is dissolved by divorce,
69	69	annulled, or declared void before my death and this instrument does
70	70	not state that the [divorced] agent or successor agent continues to
71	71	serve after my marriage to [divorce from] that agent or successor
72	72	agent is dissolved by divorce, annulled, or declared void, I hereby
73	73	appoint the following persons (each to act alone and successively,
74	74	in the order named) to serve as my agent (attorney-in-fact) to
75	75	control the disposition of my remains as authorized by this
76	76	document:
77	77	1. First Successor
78	78	Name:
79	79	Address:
80	80	Telephone Number:
81	81	2. Second Successor
82	82	Name:
83	83	Address:
84	84	Telephone Number:
85	85	DURATION:
86	86	This appointment becomes effective upon my death.
87	87	PRIOR APPOINTMENTS REVOKED:
88	88	I hereby revoke any prior appointment of any person to
89	89	control the disposition of my remains.
90	90	RELIANCE:
91	91	I hereby agree that any cemetery organization, business
92	92	operating a crematory or columbarium or both, funeral director or
93	93	embalmer, or funeral establishment who receives a copy of this
94	94	document may act under it. Any modification or revocation of this
95	95	document is not effective as to any such party until that party
96	96	receives actual notice of the modification or revocation. No such
97	97	party shall be liable because of reliance on a copy of this
98	98	document.
99	99	ASSUMPTION:
100	100	THE AGENT, AND EACH SUCCESSOR AGENT, BY ACCEPTING THIS
101	101	APPOINTMENT, ASSUMES THE OBLIGATIONS PROVIDED IN, AND IS BOUND BY
102	102	THE PROVISIONS OF, SECTION 711.002, [OF THE] HEALTH AND SAFETY
103	103	CODE.
104	104	SIGNATURES:
105	105	This written instrument and my appointments of an agent and
106	106	any successor agent in this instrument are valid without the
107	107	signature of my agent and any successor agents below. Each agent,
108	108	or a successor agent, acting pursuant to this appointment must
109	109	indicate acceptance of the appointment by signing below before
110	110	acting as my agent.
111	111	Signed this ________ day of _________________, 20___.
112	112	(your signature)
113	113	State of ____________________
114	114	County of ___________________
115	115	This document was acknowledged before me on ______ (date) by
116	116	_____________________________ (name of principal).
117	117	_________________________________
118	118	(signature of notarial officer)
119	119	(Seal, if any, of notary)
120	120	_________________________________
121	121	(printed name)
122	122	My commission expires:
123	123	_________________________________
124	124	ACCEPTANCE AND ASSUMPTION BY AGENT:
125	125	I have no knowledge of or any reason to believe this
126	126	Appointment for Disposition of Remains has been revoked. I hereby
127	127	accept the appointment made in this instrument with the
128	128	understanding that I will be individually liable for the reasonable
129	129	cost of the decedent's interment, for which I may seek
130	130	reimbursement from the decedent's estate.
131	131	Acceptance of Appointment:
132	132	(signature of agent)
133	133	Date of Signature:
134	134	Acceptance of Appointment:
135	135	(signature of first successor)
136	136	Date of Signature:
137	137	Acceptance of Appointment:
138	138	(signature of second successor)
139	139	Date of Signature:
140	140	(c) A written instrument is legally sufficient under
141	141	Subsection (a)(1) if the instrument designates a person to control
142	142	the disposition of the decedent's remains, the instrument is signed
143	143	by the decedent, the signature of the decedent is acknowledged, and
144	144	the agent or successor agent signs the instrument before acting as
145	145	the decedent's agent. Unless the instrument provides otherwise,
146	146	the designation of the decedent's spouse as an agent or successor
147	147	agent in the instrument is revoked when the marriage of [on the
148	148	divorce of] the decedent and the spouse appointed as an agent or
149	149	successor agent is dissolved by divorce, annulled, or declared void
150	150	before the decedent's death. Such written instrument may be
151	151	modified or revoked only by a subsequent written instrument that
152	152	complies with this subsection.
153	153	SECTION 5. Chapter 692, Health and Safety Code, is
154	154	repealed.
155	155	SECTION 6. Sections 692A.005, 692A.006, 692A.007, and
156	156	711.002, Health and Safety Code, as amended by this Act, apply only
157	157	to the validity of a document executed on or after the effective
158	158	date of this Act. The validity of a document executed before the
159	159	effective date of this Act is governed by the law in effect on the
160	160	date the document was executed, and that law continues in effect for
161	161	that purpose.
162	162	SECTION 7. (a) Except as otherwise provided in this
163	163	section, the changes in law made by this Act apply to:
164	164	(1) a record described by Section 692A.005, 692A.006,
165	165	or 692A.007, Health and Safety Code, as amended by this Act, or an
166	166	instrument described by Section 711.002(a)(1), Health and Safety
167	167	Code, created before, on, or after the effective date of this Act;
168	168	and
169	169	(2) a judicial proceeding concerning a record or an
170	170	instrument described by Subdivision (1) of this subsection that:
171	171	(A) commences on or after the effective date of
172	172	this Act; or
173	173	(B) is pending on the effective date of this Act.
174	174	(b) If the court finds that application of a provision of
175	175	this Act would substantially interfere with the effective conduct
176	176	of a judicial proceeding concerning a record or an instrument
177	177	described by Subsection (a)(1) of this section that is pending on
178	178	the effective date of this Act or prejudice the rights of a party to
179	179	the proceeding, the provision of this Act does not apply, and the
180	180	law in effect immediately before the effective date of this Act
181	181	applies in those circumstances.
182	182	SECTION 8. This Act takes effect September 1, 2017.