| 1 | 1 | | 88R9275 JCG-D |
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| 2 | 2 | | By: Guillen H.B. No. 2342 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a limitation on certain civil actions brought against |
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| 8 | 8 | | persons licensed by the Texas Funeral Service Commission. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 651, Occupations Code, is amended by |
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| 11 | 11 | | adding Subchapter O to read as follows: |
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| 12 | 12 | | SUBCHAPTER O. CIVIL ACTION AGAINST LICENSE HOLDER |
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| 13 | 13 | | Sec. 651.701. LIMITATION ON BRINGING ACTION FOR NEGLIGENCE |
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| 14 | 14 | | INVOLVING FUNERAL SERVICE. (a) A person may not bring an action |
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| 15 | 15 | | against a license holder to recover damages for negligence |
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| 16 | 16 | | involving a funeral service unless the person is the spouse, adult |
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| 17 | 17 | | child, parent, or adult sibling of the deceased person who is the |
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| 18 | 18 | | subject of the funeral service. |
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| 19 | 19 | | (b) If a person entitled to bring an action under Subsection |
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| 20 | 20 | | (a) is incapacitated or otherwise unable to bring the action, the |
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| 21 | 21 | | person's legal guardian may bring the action on the person's behalf. |
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| 22 | 22 | | SECTION 2. Section 651.701, Occupations Code, as added by |
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| 23 | 23 | | this Act, applies only to a cause of action that accrues on or after |
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| 24 | 24 | | the effective date of this Act. A cause of action that accrued |
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| 25 | 25 | | before the effective date of this Act is governed by the law as it |
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| 26 | 26 | | existed immediately before the effective date of this Act, and that |
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| 27 | 27 | | law is continued in effect for that purpose. |
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| 28 | 28 | | SECTION 3. This Act takes effect September 1, 2023. |
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