| 1 | 1 | | 88R9986 LRM-D |
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| 2 | 2 | | By: Smith H.B. No. 2852 |
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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 the control by certain persons of the disposition of a |
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| 8 | 8 | | decedent's remains. |
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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. Section 711.002, Health and Safety Code, is |
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| 11 | 11 | | amended by amending Subsection (l) and adding Subsections (l-1) and |
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| 12 | 12 | | (l-2) to read as follows: |
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| 13 | 13 | | (l) A person listed in Subsection (a) may not control the |
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| 14 | 14 | | disposition of the decedent's remains if: |
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| 15 | 15 | | (1) [,] in connection with the decedent's death, an |
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| 16 | 16 | | indictment has been filed charging the person with a crime under |
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| 17 | 17 | | Chapter 19, Penal Code, that involves family violence against the |
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| 18 | 18 | | decedent; |
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| 19 | 19 | | (2) the decedent was married to the person and the |
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| 20 | 20 | | decedent had filed a petition for dissolution of the marriage; or |
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| 21 | 21 | | (3) the decedent had filed an application for a |
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| 22 | 22 | | protective order against or with respect to the person under |
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| 23 | 23 | | Subchapter A, Chapter 7B, Code of Criminal Procedure, Article |
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| 24 | 24 | | 17.292, Code of Criminal Procedure, Section 6.504, Family Code, or |
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| 25 | 25 | | Subtitle B, Title 4, Family Code, or an order has been issued |
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| 26 | 26 | | against or with respect to the person under one of those provisions. |
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| 27 | 27 | | (l-1) A person regulated under Chapter 651, Occupations |
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| 28 | 28 | | Code, who knowingly allows the person charged with a crime to |
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| 29 | 29 | | control the disposition of the decedent's remains in violation of |
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| 30 | 30 | | Subsection (l) [this subsection] commits a prohibited practice |
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| 31 | 31 | | under Section 651.460, Occupations Code, and the Texas Funeral |
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| 32 | 32 | | Service Commission may take disciplinary action or assess an |
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| 33 | 33 | | administrative penalty against the regulated person under that |
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| 34 | 34 | | chapter. |
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| 35 | 35 | | (l-2) A court with jurisdiction over probate proceedings |
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| 36 | 36 | | for a decedent described by Subsection (l) shall expedite the |
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| 37 | 37 | | proceedings to resolve any dispute over the right to control the |
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| 38 | 38 | | disposition of the decedent's remains among the persons listed in |
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| 39 | 39 | | Subsection (a) if the dispute involves the control of the remains by |
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| 40 | 40 | | a person who committed an act of family violence against the |
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| 41 | 41 | | decedent. |
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| 42 | 42 | | SECTION 2. This Act takes effect September 1, 2023. |
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