85R2918 LED-F
By: Wray H.B. No. 994
A BILL TO BE ENTITLED
AN ACT
relating to the disposition of remains and anatomical gifts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 692A.005(b), Health and Safety Code, is
amended to read as follows:
(b) A donor or other person authorized to make an anatomical
gift under Section 692A.004 may make a gift by a donor card or other
record signed by the donor or other person making the gift or by
authorizing that a statement or symbol indicating the donor has
made an anatomical gift be included on a donor registry. If the
donor or other person is physically unable to sign a record, the
record may be signed by another individual at the direction of the
donor or other person and must:
(1) be witnessed by at least two adults, at least one
of whom is a disinterested witness, who have signed at the request
of the donor or the other person, or be acknowledged before a notary
public; and
(2) state that the record has been signed and
witnessed or acknowledged as provided in Subdivision (1).
SECTION 2. Section 692A.006(b), Health and Safety Code, is
amended to read as follows:
(b) A record signed pursuant to Subsection (a)(1)(C) must:
(1) be witnessed by at least two adults, at least one
of whom is a disinterested witness, who have signed at the request
of the donor or the other person, or be acknowledged before a notary
public; and
(2) state that the record has been signed and
witnessed or acknowledged as provided in Subdivision (1).
SECTION 3. Section 692A.007(b), Health and Safety Code, is
amended to read as follows:
(b) A record signed pursuant to Subsection (a)(1)(B) must:
(1) be witnessed by at least two adults, at least one
of whom is a disinterested witness, who have signed at the request
of the individual, or be acknowledged before a notary public; and
(2) state that the record has been signed and
witnessed or acknowledged as provided in Subdivision (1).
SECTION 4. Sections 711.002(b) and (c), Health and Safety
Code, are amended to read as follows:
(b) The written instrument referred to in Subsection (a)(1)
may be in substantially the following form:
APPOINTMENT FOR 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:
SUCCESSORS:
If my agent or a successor agent dies, becomes legally
disabled, resigns, or refuses to act, or if my marriage to [I
divorce] my agent or successor agent is dissolved by divorce,
annulled, or declared void before my death and this instrument does
not state that the [divorced] agent or successor agent continues to
serve after my marriage to [divorce from] that agent or successor
agent is dissolved by divorce, annulled, or declared void, 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:
2. Second Successor
Name:
Address:
Telephone Number:
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___.
(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 when the marriage of [on the
divorce of] the decedent and the spouse appointed as an agent or
successor agent is dissolved by divorce, annulled, or declared void
before the decedent's death. Such written instrument may be
modified or revoked only by a subsequent written instrument that
complies with this subsection.
SECTION 5. Chapter 692, Health and Safety Code, is
repealed.
SECTION 6. Sections 692A.005, 692A.006, 692A.007, and
711.002, Health and Safety Code, as amended by this Act, apply 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 7. (a) Except as otherwise provided in this
section, the changes in law made by this Act apply to:
(1) a record described by Section 692A.005, 692A.006,
or 692A.007, Health and Safety Code, as amended by this Act, or an
instrument described by Section 711.002(a)(1), Health and Safety
Code, created before, on, or after the effective date of this Act;
and
(2) a judicial proceeding concerning a record or an
instrument described by Subdivision (1) of this subsection 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 a record or an instrument
described by Subsection (a)(1) of this section 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 8. This Act takes effect September 1, 2017.