TX
Texas House Bill HB2181

Texas 2021 - 87th Regular

Texas House Bill HB2181 Compare Versions

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1-87R16892 MCF-F
1+87R5010 MCF-F
22 By: Moody H.B. No. 2181
3- Substitute the following for H.B. No. 2181:
4- By: Johnson of Dallas C.S.H.B. No. 2181
53
64
75 A BILL TO BE ENTITLED
86 AN ACT
97 relating to the removal of a decedent's remains.
108 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
119 SECTION 1. Section 711.004(a), Health and Safety Code, is
1210 amended to read as follows:
1311 (a) Remains interred in a cemetery may be removed from a
1412 plot in the cemetery with the written consent of the cemetery
1513 organization operating the cemetery and the written consent of the
1614 current plot owner or owners and the following persons, in the
1715 priority listed:
1816 (1) the person designated in a written instrument
1917 signed by the decedent, as described by Section 711.002(a)(1);
2018 (2) the decedent's surviving spouse;
2119 (3) any one of [(2)] the decedent's surviving adult
2220 children;
2321 (4) either one of [(3)] the decedent's surviving
2422 parents;
2523 (5) any one of [(4)] the decedent's surviving adult
2624 siblings;
2725 (6) any one of the duly qualified executors or
2826 administrators of the decedent's estate; or
2927 (7) any [(5) the] adult person in the next degree of
3028 kinship in the order named by law to inherit the estate of the
3129 decedent.
32- SECTION 2. This Act takes effect September 1, 2021.
30+ SECTION 2. Section 711.002(b), Health and Safety Code, is
31+ amended to read as follows:
32+ (b) The written instrument referred to in Subsection (a)(1)
33+ may be in substantially the following form:
34+ APPOINTMENT FOR DISPOSITION OF REMAINS
35+ I, ,
36+ (your name and address)
37+ being of sound mind, willfully and voluntarily make known my desire
38+ that, upon my death, the disposition of my remains shall be
39+ controlled by
40+ (name of agent)
41+ in accordance with Sections [Section] 711.002 and 711.004, Health
42+ and Safety Code, and, with respect to that subject only, I hereby
43+ appoint such person as my agent (attorney-in-fact).
44+ All decisions made by my agent with respect to the
45+ disposition of my remains, including cremation, shall be binding.
46+ SPECIAL DIRECTIONS:
47+ Set forth below are any special directions limiting the power
48+ granted to my agent:
49+ AGENT:
50+ Name:
51+ Address:
52+ Telephone Number:
53+ SUCCESSORS:
54+ If my agent or a successor agent dies, becomes legally
55+ disabled, resigns, or refuses to act, or if my marriage to my agent
56+ or successor agent is dissolved by divorce, annulled, or declared
57+ void before my death and this instrument does not state that the
58+ agent or successor agent continues to serve after my marriage to
59+ that agent or successor agent is dissolved by divorce, annulled, or
60+ declared void, I hereby appoint the following persons (each to act
61+ alone and successively, in the order named) to serve as my agent
62+ (attorney-in-fact) to control the disposition of my remains as
63+ authorized by this document:
64+ 1. First Successor
65+ Name:
66+ Address:
67+ Telephone Number:
68+ 2. Second Successor
69+ Name:
70+ Address:
71+ Telephone Number:
72+ DURATION:
73+ This appointment becomes effective upon my death.
74+ PRIOR APPOINTMENTS REVOKED:
75+ I hereby revoke any prior appointment of any person to
76+ control the disposition of my remains.
77+ RELIANCE:
78+ I hereby agree that any cemetery organization, business
79+ operating a crematory or columbarium or both, funeral director or
80+ embalmer, or funeral establishment who receives a copy of this
81+ document may act under it. Any modification or revocation of this
82+ document is not effective as to any such party until that party
83+ receives actual notice of the modification or revocation. No such
84+ party shall be liable because of reliance on a copy of this
85+ document.
86+ ASSUMPTION:
87+ THE AGENT, AND EACH SUCCESSOR AGENT, BY ACCEPTING THIS
88+ APPOINTMENT, ASSUMES THE OBLIGATIONS PROVIDED IN, AND IS BOUND BY
89+ THE PROVISIONS OF, SECTION 711.002, HEALTH AND SAFETY CODE.
90+ SIGNATURES:
91+ This written instrument and my appointments of an agent and
92+ any successor agent in this instrument are valid without the
93+ signature of my agent and any successor agents below. Each agent, or
94+ a successor agent, acting pursuant to this appointment must
95+ indicate acceptance of the appointment by signing below before
96+ acting as my agent.
97+ Signed this ________ day of _________________, 20___.
98+ (your signature)
99+ State of ____________________
100+ County of ___________________
101+ This document was acknowledged before me on ______ (date) by
102+ _____________________________ (name of principal).
103+ _________________________________
104+ (signature of notarial officer)
105+ (Seal, if any, of notary)
106+ _________________________________
107+ (printed name)
108+ My commission expires:
109+ _________________________________
110+ ACCEPTANCE AND ASSUMPTION BY AGENT:
111+ I have no knowledge of or any reason to believe this
112+ Appointment for Disposition of Remains has been revoked. I hereby
113+ accept the appointment made in this instrument with the
114+ understanding that I will be individually liable for the reasonable
115+ cost of the decedent's interment, for which I may seek
116+ reimbursement from the decedent's estate.
117+ Acceptance of Appointment:
118+ (signature of agent)
119+ Date of Signature:
120+ Acceptance of Appointment:
121+ (signature of first successor)
122+ Date of Signature:
123+ Acceptance of Appointment:
124+ (signature of second successor)
125+ Date of Signature:
126+ SECTION 3. Section 711.002, Health and Safety Code, as
127+ amended by this Act, applies only to the validity of a written
128+ instrument executed on or after the effective date of this Act. The
129+ validity of a written instrument executed before the effective date
130+ of this Act is governed by the law in effect on the date the
131+ instrument was executed, and that law continues in effect for that
132+ purpose.
133+ SECTION 4. This Act takes effect September 1, 2021.