Texas 2019 - 86th Regular

Texas Senate Bill SB259 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R2886 LED-F
2	2	By: Rodríguez S.B. No. 259
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the disposition and removal of a decedent's remains.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Sections 711.002(b), (c), and (k), Health and
10	10	Safety Code, are amended to read as follows:
11	11	(b) The written instrument referred to in Subsection (a)(1)
12	12	may be in substantially the following form:
13	13	APPOINTMENT FOR DISPOSITION OF REMAINS
14	14	I, ,
15	15	(your name and address)
16	16	being of sound mind, willfully and voluntarily make known my desire
17	17	that, upon my death, the disposition of my remains shall be
18	18	controlled by
19	19	(name of agent)
20	20	in accordance with Section 711.002, [of the] Health and Safety
21	21	Code, and, with respect to that subject only, I hereby appoint such
22	22	person as my agent (attorney-in-fact).
23	23	All decisions made by my agent with respect to the
24	24	disposition of my remains, including cremation, shall be binding.
25	25	SPECIAL DIRECTIONS:
26	26	Set forth below are any special directions limiting the power
27	27	granted to my agent:
28	28	AGENT:
29	29	Name:
30	30	Address:
31	31	Telephone Number:
32	32	SUCCESSORS:
33	33	If my agent or a successor agent dies, becomes legally
34	34	disabled, resigns, or refuses to act, or if my marriage to [I
35	35	divorce] my agent or successor agent is dissolved by divorce,
36	36	annulled, or declared void before my death and this instrument does
37	37	not state that the [divorced] agent or successor agent continues to
38	38	serve after my marriage to [divorce from] that agent or successor
39	39	agent is dissolved by divorce, annulled, or declared void, I hereby
40	40	appoint the following persons (each to act alone and successively,
41	41	in the order named) to serve as my agent (attorney-in-fact) to
42	42	control the disposition of my remains as authorized by this
43	43	document:
44	44	1. First Successor
45	45	Name:
46	46	Address:
47	47	Telephone Number:
48	48	2. Second Successor
49	49	Name:
50	50	Address:
51	51	Telephone Number:
52	52	DURATION:
53	53	This appointment becomes effective upon my death.
54	54	PRIOR APPOINTMENTS REVOKED:
55	55	I hereby revoke any prior appointment of any person to
56	56	control the disposition of my remains.
57	57	RELIANCE:
58	58	I hereby agree that any cemetery organization, business
59	59	operating a crematory or columbarium or both, funeral director or
60	60	embalmer, or funeral establishment who receives a copy of this
61	61	document may act under it. Any modification or revocation of this
62	62	document is not effective as to any such party until that party
63	63	receives actual notice of the modification or revocation. No such
64	64	party shall be liable because of reliance on a copy of this
65	65	document.
66	66	ASSUMPTION:
67	67	THE AGENT, AND EACH SUCCESSOR AGENT, BY ACCEPTING THIS
68	68	APPOINTMENT, ASSUMES THE OBLIGATIONS PROVIDED IN, AND IS BOUND BY
69	69	THE PROVISIONS OF, SECTION 711.002, [OF THE] HEALTH AND SAFETY
70	70	CODE.
71	71	SIGNATURES:
72	72	This written instrument and my appointments of an agent and
73	73	any successor agent in this instrument are valid without the
74	74	signature of my agent and any successor agents below. Each agent,
75	75	or a successor agent, acting pursuant to this appointment must
76	76	indicate acceptance of the appointment by signing below before
77	77	acting as my agent.
78	78	Signed this ________ day of _________________, 20___.
79	79	(your signature)
80	80	State of ____________________
81	81	County of ___________________
82	82	This document was acknowledged before me on ______ (date) by
83	83	_____________________________ (name of principal).
84	84	_________________________________
85	85	(signature of notarial officer)
86	86	(Seal, if any, of notary)
87	87	_________________________________
88	88	(printed name)
89	89	My commission expires:
90	90	_________________________________
91	91	ACCEPTANCE AND ASSUMPTION BY AGENT:
92	92	I have no knowledge of or any reason to believe this
93	93	Appointment for Disposition of Remains has been revoked. I hereby
94	94	accept the appointment made in this instrument with the
95	95	understanding that I will be individually liable for the reasonable
96	96	cost of the decedent's interment, for which I may seek
97	97	reimbursement from the decedent's estate.
98	98	Acceptance of Appointment:
99	99	(signature of agent)
100	100	Date of Signature:
101	101	Acceptance of Appointment:
102	102	(signature of first successor)
103	103	Date of Signature:
104	104	Acceptance of Appointment:
105	105	(signature of second successor)
106	106	Date of Signature:
107	107	(c) A written instrument is legally sufficient under
108	108	Subsection (a)(1) if the instrument designates a person to control
109	109	the disposition of the decedent's remains, the instrument is signed
110	110	by the decedent, the signature of the decedent is acknowledged, and
111	111	the agent or successor agent signs the instrument before acting as
112	112	the decedent's agent. Unless the instrument provides otherwise,
113	113	the designation of the decedent's spouse as an agent or successor
114	114	agent in the instrument is revoked when the marriage [on the
115	115	divorce] of the decedent and the spouse appointed as an agent or
116	116	successor agent is dissolved by divorce, annulled, or declared void
117	117	before the decedent's death. Such written instrument may be
118	118	modified or revoked only by a subsequent written instrument that
119	119	complies with this subsection.
120	120	(k) Any dispute among any of the persons listed in
121	121	Subsection (a) concerning their right to control the disposition,
122	122	including cremation, of a decedent's remains shall be resolved by a
123	123	court with [of competent] jurisdiction over probate proceedings for
124	124	the decedent, regardless of whether a probate proceeding has been
125	125	initiated. A cemetery organization or funeral establishment shall
126	126	not be liable for refusing to accept the decedent's remains, or to
127	127	inter or otherwise dispose of the decedent's remains, until it
128	128	receives a court order or other suitable confirmation that the
129	129	dispute has been resolved or settled.
130	130	SECTION 2. Section 711.004(c), Health and Safety Code, is
131	131	amended to read as follows:
132	132	(c) If the consent required by Subsection (a) cannot be
133	133	obtained, the remains may be removed by permission of a county
134	134	[district] court of the county in which the cemetery is
135	135	located. Before the date of application to the court for
136	136	permission to remove remains under this subsection, notice must be
137	137	given to:
138	138	(1) the cemetery organization operating the cemetery
139	139	in which the remains are interred or if the cemetery organization
140	140	cannot be located or does not exist, the Texas Historical
141	141	Commission;
142	142	(2) each person whose consent is required for removal
143	143	of the remains under Subsection (a); and
144	144	(3) any other person that the court requires to be
145	145	served.
146	146	SECTION 3. Section 711.002, Health and Safety Code, as
147	147	amended by this Act, applies only to the validity of a document
148	148	executed on or after the effective date of this Act. The validity
149	149	of a document executed before the effective date of this Act is
150	150	governed by the law in effect on the date the document was executed,
151	151	and that law continues in effect for that purpose.
152	152	SECTION 4. (a) Except as otherwise provided in this
153	153	section, the changes in law made by this Act apply to:
154	154	(1) an instrument described by Section 711.002(a)(1),
155	155	Health and Safety Code, created before, on, or after the effective
156	156	date of this Act;
157	157	(2) a judicial proceeding concerning an instrument
158	158	described by Subdivision (1) of this subsection that:
159	159	(A) commences on or after the effective date of
160	160	this Act; or
161	161	(B) is pending on the effective date of this Act;
162	162	and
163	163	(3) an application to a court to remove remains under
164	164	Section 711.004(c), Health and Safety Code, as amended by this Act,
165	165	submitted on or after the effective date of this Act.
166	166	(b) If the court finds that application of a provision of
167	167	this Act would substantially interfere with the effective conduct
168	168	of a judicial proceeding concerning an instrument described by
169	169	Subsection (a)(1) of this section that is pending on the effective
170	170	date of this Act or prejudice the rights of a party to the
171	171	proceeding, the provision of this Act does not apply, and the law in
172	172	effect immediately before the effective date of this Act applies in
173	173	those circumstances.
174	174	SECTION 5. This Act takes effect September 1, 2019.