Texas 2021 - 87th Regular

Texas Senate Bill SB1931 Compare Versions

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

Old	New	Differences
1	1	87R5010 MCF-F
2	2	By: Hughes S.B. No. 1931
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the removal of a decedent's remains.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 711.004(a), Health and Safety Code, is
10	10	amended to read as follows:
11	11	(a) Remains interred in a cemetery may be removed from a
12	12	plot in the cemetery with the written consent of the cemetery
13	13	organization operating the cemetery and the written consent of the
14	14	current plot owner or owners and the following persons, in the
15	15	priority listed:
16	16	(1) the person designated in a written instrument
17	17	signed by the decedent, as described by Section 711.002(a)(1);
18	18	(2) the decedent's surviving spouse;
19	19	(3) any one of [(2)] the decedent's surviving adult
20	20	children;
21	21	(4) either one of [(3)] the decedent's surviving
22	22	parents;
23	23	(5) any one of [(4)] the decedent's surviving adult
24	24	siblings;
25	25	(6) any one of the duly qualified executors or
26	26	administrators of the decedent's estate; or
27	27	(7) any [(5) the] adult person in the next degree of
28	28	kinship in the order named by law to inherit the estate of the
29	29	decedent.
30	30	SECTION 2. Section 711.002(b), Health and Safety Code, is
31	31	amended to read as follows:
32	32	(b) The written instrument referred to in Subsection (a)(1)
33	33	may be in substantially the following form:
34	34	APPOINTMENT FOR DISPOSITION OF REMAINS
35	35	I, ,
36	36	(your name and address)
37	37	being of sound mind, willfully and voluntarily make known my desire
38	38	that, upon my death, the disposition of my remains shall be
39	39	controlled by
40	40	(name of agent)
41	41	in accordance with Sections [Section] 711.002 and 711.004, Health
42	42	and Safety Code, and, with respect to that subject only, I hereby
43	43	appoint such person as my agent (attorney-in-fact).
44	44	All decisions made by my agent with respect to the
45	45	disposition of my remains, including cremation, shall be binding.
46	46	SPECIAL DIRECTIONS:
47	47	Set forth below are any special directions limiting the power
48	48	granted to my agent:
49	49	AGENT:
50	50	Name:
51	51	Address:
52	52	Telephone Number:
53	53	SUCCESSORS:
54	54	If my agent or a successor agent dies, becomes legally
55	55	disabled, resigns, or refuses to act, or if my marriage to my agent
56	56	or successor agent is dissolved by divorce, annulled, or declared
57	57	void before my death and this instrument does not state that the
58	58	agent or successor agent continues to serve after my marriage to
59	59	that agent or successor agent is dissolved by divorce, annulled, or
60	60	declared void, I hereby appoint the following persons (each to act
61	61	alone and successively, in the order named) to serve as my agent
62	62	(attorney-in-fact) to control the disposition of my remains as
63	63	authorized by this document:
64	64	1. First Successor
65	65	Name:
66	66	Address:
67	67	Telephone Number:
68	68	2. Second Successor
69	69	Name:
70	70	Address:
71	71	Telephone Number:
72	72	DURATION:
73	73	This appointment becomes effective upon my death.
74	74	PRIOR APPOINTMENTS REVOKED:
75	75	I hereby revoke any prior appointment of any person to
76	76	control the disposition of my remains.
77	77	RELIANCE:
78	78	I hereby agree that any cemetery organization, business
79	79	operating a crematory or columbarium or both, funeral director or
80	80	embalmer, or funeral establishment who receives a copy of this
81	81	document may act under it. Any modification or revocation of this
82	82	document is not effective as to any such party until that party
83	83	receives actual notice of the modification or revocation. No such
84	84	party shall be liable because of reliance on a copy of this
85	85	document.
86	86	ASSUMPTION:
87	87	THE AGENT, AND EACH SUCCESSOR AGENT, BY ACCEPTING THIS
88	88	APPOINTMENT, ASSUMES THE OBLIGATIONS PROVIDED IN, AND IS BOUND BY
89	89	THE PROVISIONS OF, SECTION 711.002, HEALTH AND SAFETY CODE.
90	90	SIGNATURES:
91	91	This written instrument and my appointments of an agent and
92	92	any successor agent in this instrument are valid without the
93	93	signature of my agent and any successor agents below. Each agent, or
94	94	a successor agent, acting pursuant to this appointment must
95	95	indicate acceptance of the appointment by signing below before
96	96	acting as my agent.
97	97	Signed this ________ day of _________________, 20___.
98	98	(your signature)
99	99	State of ____________________
100	100	County of ___________________
101	101	This document was acknowledged before me on ______ (date) by
102	102	_____________________________ (name of principal).
103	103	_________________________________
104	104	(signature of notarial officer)
105	105	(Seal, if any, of notary)
106	106	_________________________________
107	107	(printed name)
108	108	My commission expires:
109	109	_________________________________
110	110	ACCEPTANCE AND ASSUMPTION BY AGENT:
111	111	I have no knowledge of or any reason to believe this
112	112	Appointment for Disposition of Remains has been revoked. I hereby
113	113	accept the appointment made in this instrument with the
114	114	understanding that I will be individually liable for the reasonable
115	115	cost of the decedent's interment, for which I may seek
116	116	reimbursement from the decedent's estate.
117	117	Acceptance of Appointment:
118	118	(signature of agent)
119	119	Date of Signature:
120	120	Acceptance of Appointment:
121	121	(signature of first successor)
122	122	Date of Signature:
123	123	Acceptance of Appointment:
124	124	(signature of second successor)
125	125	Date of Signature:
126	126	SECTION 3. Section 711.002, Health and Safety Code, as
127	127	amended by this Act, applies only to the validity of a written
128	128	instrument executed on or after the effective date of this Act. The
129	129	validity of a written instrument executed before the effective date
130	130	of this Act is governed by the law in effect on the date the
131	131	instrument was executed, and that law continues in effect for that
132	132	purpose.
133	133	SECTION 4. This Act takes effect September 1, 2021.