88R9986 LRM-D
By: Smith H.B. No. 2852
A BILL TO BE ENTITLED
AN ACT
relating to the control by certain persons of the disposition of a
decedent's remains.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 711.002, Health and Safety Code, is
amended by amending Subsection (l) and adding Subsections (l-1) and
(l-2) to read as follows:
(l) A person listed in Subsection (a) may not control the
disposition of the decedent's remains if:
(1) [,] in connection with the decedent's death, an
indictment has been filed charging the person with a crime under
Chapter 19, Penal Code, that involves family violence against the
decedent;
(2) the decedent was married to the person and the
decedent had filed a petition for dissolution of the marriage; or
(3) the decedent had filed an application for a
protective order against or with respect to the person under
Subchapter A, Chapter 7B, Code of Criminal Procedure, Article
17.292, Code of Criminal Procedure, Section 6.504, Family Code, or
Subtitle B, Title 4, Family Code, or an order has been issued
against or with respect to the person under one of those provisions.
(l-1) A person regulated under Chapter 651, Occupations
Code, who knowingly allows the person charged with a crime to
control the disposition of the decedent's remains in violation of
Subsection (l) [this subsection] commits a prohibited practice
under Section 651.460, Occupations Code, and the Texas Funeral
Service Commission may take disciplinary action or assess an
administrative penalty against the regulated person under that
chapter.
(l-2) A court with jurisdiction over probate proceedings
for a decedent described by Subsection (l) shall expedite the
proceedings to resolve any dispute over the right to control the
disposition of the decedent's remains among the persons listed in
Subsection (a) if the dispute involves the control of the remains by
a person who committed an act of family violence against the
decedent.
SECTION 2. This Act takes effect September 1, 2023.