H.B. No. 2248
AN ACT
relating to the disposition and removal of a decedent's remains.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 711.002(b), (c), and (k), 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 [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.
(k) Any dispute among any of the persons listed in
Subsection (a) concerning their right to control the disposition,
including cremation, of a decedent's remains shall be resolved by a
court with [of competent] jurisdiction over probate proceedings for
the decedent, regardless of whether a probate proceeding has been
initiated. A cemetery organization or funeral establishment shall
not be liable for refusing to accept the decedent's remains, or to
inter or otherwise dispose of the decedent's remains, until it
receives a court order or other suitable confirmation that the
dispute has been resolved or settled.
SECTION 2. Section 711.004(c), Health and Safety Code, is
amended to read as follows:
(c) If the consent required by Subsection (a) cannot be
obtained, the remains may be removed by permission of a county
[district] court of the county in which the cemetery is
located. Before the date of application to the court for
permission to remove remains under this subsection, notice must be
given to:
(1) the cemetery organization operating the cemetery
in which the remains are interred or if the cemetery organization
cannot be located or does not exist, the Texas Historical
Commission;
(2) each person whose consent is required for removal
of the remains under Subsection (a); and
(3) any other person that the court requires to be
served.
SECTION 3. 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 4. (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, created before, on, or after the effective
date of this Act;
(2) a judicial proceeding concerning 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;
and
(3) an application to a court to remove remains under
Section 711.004(c), Health and Safety Code, as amended by this Act,
submitted on or after 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
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 5. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2248 was passed by the House on May 8,
2019, by the following vote: Yeas 148, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2248 was passed by the Senate on May
22, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor