S.B. No. 1300
AN ACT
relating to the disposition and removal of a decedent's remains.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 711.004(a), Health and Safety Code, is
amended to read as follows:
(a) Remains interred in a cemetery may be removed from a
plot in the cemetery with the written consent of the cemetery
organization operating the cemetery and the written consent of the
current plot owner or owners and the following persons, in the
priority listed:
(1) the person designated in a written instrument
signed by the decedent, as described by Section 711.002(a)(1);
(2) the decedent's surviving spouse;
(3) any one of [(2)] the decedent's surviving adult
children;
(4) either one of [(3)] the decedent's surviving
parents;
(5) any one of [(4)] the decedent's surviving adult
siblings;
(6) any one of the duly qualified executors or
administrators of the decedent's estate; or
(7) any [(5) the] adult person in the next degree of
kinship in the order named by law to inherit the estate of the
decedent.
SECTION 2. Section 711.002(b), Health and Safety Code, is
amended to read as follows:
(b) The written instrument referred to in Subsection (a)(1)
may be in substantially the following form:
APPOINTMENT FOR DISPOSITION OF REMAINS
I, ____________________________________________________,
(your name and address)
being of sound mind, willfully and voluntarily make known my desire
that, upon my death, the disposition of my remains shall be
controlled by _________________________________________________
(name of agent)
in accordance with Sections [Section] 711.002 and 711.004, Health
and Safety Code, and, with respect to that subject only, I hereby
appoint such person as my agent (attorney-in-fact).
All decisions made by my agent with respect to the
disposition of my remains, including cremation, shall be binding.
SPECIAL DIRECTIONS:
Set forth below are any special directions limiting the power
granted to my agent:
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
AGENT:
Name: ____________________________________________________
Address: _________________________________________________
Telephone Number: ________________________________________
SUCCESSORS:
If my agent or a successor agent dies, becomes legally
disabled, resigns, or refuses to act, or if my marriage to my agent
or successor agent is dissolved by divorce, annulled, or declared
void before my death and this instrument does not state that the
agent or successor agent continues to serve after my marriage to
that agent or successor agent is dissolved by divorce, annulled, or
declared void, I hereby appoint the following persons (each to act
alone and successively, in the order named) to serve as my agent
(attorney-in-fact) to control the disposition of my remains as
authorized by this document:
1. First Successor
Name: ____________________________________________________
Address: _________________________________________________
Telephone Number: ________________________________________
2. Second Successor
Name: ____________________________________________________
Address: _________________________________________________
Telephone Number: ________________________________________
DURATION:
This appointment becomes effective upon my death.
PRIOR APPOINTMENTS REVOKED:
I hereby revoke any prior appointment of any person to
control the disposition of my remains.
RELIANCE:
I hereby agree that any cemetery organization, business
operating a crematory or columbarium or both, funeral director or
embalmer, or funeral establishment who receives a copy of this
document may act under it. Any modification or revocation of this
document is not effective as to any such party until that party
receives actual notice of the modification or revocation. No such
party shall be liable because of reliance on a copy of this
document.
ASSUMPTION:
THE AGENT, AND EACH SUCCESSOR AGENT, BY ACCEPTING THIS
APPOINTMENT, ASSUMES THE OBLIGATIONS PROVIDED IN, AND IS BOUND BY
THE PROVISIONS OF, SECTIONS [SECTION] 711.002 AND 711.004, HEALTH
AND SAFETY CODE.
SIGNATURES:
This written instrument and my appointments of an agent and
any successor agent in this instrument are valid without the
signature of my agent and any successor agents below. Each agent,
or a successor agent, acting pursuant to this appointment must
indicate acceptance of the appointment by signing below before
acting as my agent.
Signed this ________ day of _________________, 20___.
___________________
(your signature)
State of ____________________
County of ___________________
This document was acknowledged before me on ______ (date) by
_____________________________ (name of principal).
_________________________________
(signature of notarial officer)
(Seal, if any, of notary)
_________________________________
(printed name)
My commission expires:
_________________________________
ACCEPTANCE AND ASSUMPTION BY AGENT:
I have no knowledge of or any reason to believe this
Appointment for Disposition of Remains has been revoked. I hereby
accept the appointment made in this instrument with the
understanding that I will be individually liable for the reasonable
cost of the decedent's interment, for which I may seek
reimbursement from the decedent's estate.
Acceptance of Appointment: _______________________________
(signature of agent)
Date of Signature: _______________________________________
Acceptance of Appointment: _______________________________
(signature of first successor)
Date of Signature: _______________________________________
Acceptance of Appointment: _______________________________
(signature of second successor)
Date of Signature: ________________________________________
SECTION 3. Section 711.002, Health and Safety Code, as
amended by this Act, applies only to the validity of a written
instrument executed on or after the effective date of this Act. The
validity of a written instrument executed before the effective date
of this Act is governed by the law in effect on the date the
instrument was executed, and that law continues in effect for that
purpose.
SECTION 4. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1300 passed the Senate on
March 23, 2023, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1300 passed the House on
May 16, 2023, by the following vote: Yeas 141, Nays 0,
one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor