Texas 2021 - 87th Regular

Texas Senate Bill SB1139 Compare Versions

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

Old	New	Differences
1	1	87R9041 EAS-D
2	2	By: Zaffirini S.B. No. 1139
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prohibited disposition of a decedent's remains by
8	8	certain persons; providing an administrative penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. This Act shall be known as the Justine Hosseini
11	11	Act.
12	12	SECTION 2. Section 711.002, Health and Safety Code, is
13	13	amended by amending Subsections (a) and (l) and adding Subsections
14	14	(m) and (n) to read as follows:
15	15	(a) Except as provided by Subsections [Subsection] (l) and
16	16	(m), unless a decedent has left directions in writing for the
17	17	disposition of the decedent's remains as provided in Subsection
18	18	(g), the following persons, in the priority listed, have the right
19	19	to control the disposition, including cremation, of the decedent's
20	20	remains, shall inter the remains, and in accordance with Subsection
21	21	(a-1) are liable for the reasonable cost of interment:
22	22	(1) the person designated in a written instrument
23	23	signed by the decedent;
24	24	(2) the decedent's surviving spouse;
25	25	(3) any one of the decedent's surviving adult
26	26	children;
27	27	(4) either one of the decedent's surviving parents;
28	28	(5) any one of the decedent's surviving adult
29	29	siblings;
30	30	(6) any one or more of the duly qualified executors or
31	31	administrators of the decedent's estate; or
32	32	(7) any adult person in the next degree of kinship in
33	33	the order named by law to inherit the estate of the decedent.
34	34	(l) A person listed in Subsection (a) may not control the
35	35	disposition of the decedent's remains if, in connection with the
36	36	decedent's death, an indictment has been filed charging the person
37	37	with an offense [a crime] under Chapter 19, Penal Code, that
38	38	involves family violence against the decedent.
39	39	(m) A person listed in Subsection (a), including the
40	40	decedent's surviving spouse, may not control the disposition of the
41	41	decedent's remains if, in connection with the decedent's death:
42	42	(1) the person has been detained or arrested on
43	43	suspicion of committing an offense under Title 5, Penal Code; or
44	44	(2) an indictment has been filed charging the person
45	45	with an offense under Title 5, Penal Code.
46	46	(n) A person regulated under Chapter 651, Occupations Code,
47	47	who knowingly allows a [the] person described by Subsection (l) or
48	48	(m) [charged with a crime] to control the disposition of the
49	49	decedent's remains in violation of Subsection (l) or (m), as
50	50	applicable, [this subsection] commits a prohibited practice under
51	51	Section 651.460, Occupations Code, and the Texas Funeral Service
52	52	Commission may take disciplinary action or assess an administrative
53	53	penalty against the regulated person under that chapter.
54	54	SECTION 3. Section 152.102(b), Estates Code, is amended to
55	55	read as follows:
56	56	(b) Subsection (a) applies:
57	57	(1) without regard to whether the decedent died
58	58	intestate or testate;
59	59	(2) regardless of whether the surviving spouse is
60	60	designated by the decedent's will as the executor of the decedent's
61	61	estate; and
62	62	(3) subject to the prohibitions [prohibition]
63	63	described by Sections [Section] 711.002(l) and (m), Health and
64	64	Safety Code.
65	65	SECTION 4. Section 651.460(a), Occupations Code, is amended
66	66	to read as follows:
67	67	(a) A person violates this chapter if the person:
68	68	(1) arranges for funeral services or merchandise and
69	69	fails to provide a customer with a purchase agreement as required by
70	70	Section 651.406;
71	71	(2) fails to retain and make available to the
72	72	commission, on request, copies of all price lists, written notices,
73	73	embalming documents, and memoranda of agreement required by this
74	74	chapter for two years after the date of distribution or signing;
75	75	(3) violates this chapter, a rule adopted under this
76	76	chapter, an order by the commission revoking, suspending, or
77	77	probating a license, an order assessing an administrative penalty,
78	78	or an agreement to pay an administrative penalty;
79	79	(4) allows the use of a dead human body by an embalming
80	80	establishment for research or educational purposes without
81	81	complying with Section 651.407;
82	82	(5) is associated with a funeral establishment,
83	83	whether as an employee, agent, subcontractor, assignee, owner, or
84	84	otherwise, and fails to comply with this chapter or a rule adopted
85	85	under this chapter; or
86	86	(6) knowingly violates Section 711.002(l) or (m),
87	87	Health and Safety Code.
88	88	SECTION 5. The changes in law made by this Act apply only to
89	89	the disposition of the remains of a decedent whose death occurs on
90	90	or after the effective date of this Act. The disposition of the
91	91	remains of a decedent whose death occurs before the effective date
92	92	of this Act is governed by the law in effect on the date of the
93	93	decedent's death, and the former law is continued in effect for that
94	94	purpose.
95	95	SECTION 6. This Act takes effect September 1, 2021.