Texas Senate Bill SB2027

Texas 2025 - 89th Regular

• Filed: 3/7/25

Caption

Relating to the liability of a funeral service provider for mental anguish damages.

Impact

The bill limits the recovery for mental anguish damages to the lesser of three times the amount paid for funeral services or $50,000. This restriction may significantly impact how families approach claims against funeral service providers, discouraging frivolous lawsuits while also restricting the recourse available to those who genuinely suffer from emotional distress due to poor service. Moreover, the legislation specifies that claimants cannot pursue mental anguish claims through other laws, effectively funneling all such claims through the newly established chapter.

Summary

SB2027 aims to amend the Civil Practice and Remedies Code by establishing guidelines surrounding the liability of funeral service providers for mental anguish damages. The bill introduces Chapter 77A, which defines terms relevant to funeral services and establishes the framework for claimants to seek damages associated with emotional distress stemming from the mishandling of body remains by funeral providers. This chapter emphasizes that claimants must have a special relationship with the funeral service provider, granting them the right to bring forth a claim for mental anguish damages.

Contention

Noteworthy points of contention within the discussions surrounding SB2027 include concerns from advocates that the limitations on damages may undermine the accountability of funeral service providers. Critics argue that the limits could adversely affect families who experience severe emotional distress due to negligence or mishandling. Proponents, however, argue that the bill is necessary to protect providers from excessive liability and to create a fair framework for addressing legitimate claims while avoiding the exploitation of the system.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

• Chapter 77. Transplants And Transfusions
  • Section: New Section

Health And Safety Code

• Chapter 1. General Provisions
  • Section: New Section