Bill Text: TX HB2980 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to the disposition and removal of a decedent's remains.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-04-14 - Committee report sent to Calendars [HB2980 Detail]
Download: Texas-2023-HB2980-Comm_Sub.html
88R6165 MCF-F | ||
By: Thompson of Harris | H.B. No. 2980 |
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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 [ |
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children; | ||
(4) either one of [ |
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parents; | ||
(5) any one of [ |
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siblings; | ||
(6) any one of the duly qualified executors or | ||
administrators of the decedent's estate; or | ||
(7) any [ |
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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 [ |
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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 [ |
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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. |