Bill Text: TX SB259 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the disposition and removal of a decedent's remains.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-07 - Referred to State Affairs [SB259 Detail]
Download: Texas-2019-SB259-Introduced.html
86R2886 LED-F | ||
By: Rodríguez | S.B. No. 259 |
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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. Sections 711.002(b), (c), and (k), Health and | ||
Safety Code, are 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 Section 711.002, [ |
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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 [ |
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annulled, or declared void before my death and this instrument does | ||
not state that the [ |
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serve after my marriage to [ |
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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, SECTION 711.002, [ |
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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: | ||
(c) A written instrument is legally sufficient under | ||
Subsection (a)(1) if the instrument designates a person to control | ||
the disposition of the decedent's remains, the instrument is signed | ||
by the decedent, the signature of the decedent is acknowledged, and | ||
the agent or successor agent signs the instrument before acting as | ||
the decedent's agent. Unless the instrument provides otherwise, | ||
the designation of the decedent's spouse as an agent or successor | ||
agent in the instrument is revoked when the marriage [ |
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successor agent is dissolved by divorce, annulled, or declared void | ||
before the decedent's death. Such written instrument may be | ||
modified or revoked only by a subsequent written instrument that | ||
complies with this subsection. | ||
(k) Any dispute among any of the persons listed in | ||
Subsection (a) concerning their right to control the disposition, | ||
including cremation, of a decedent's remains shall be resolved by a | ||
court with [ |
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the decedent, regardless of whether a probate proceeding has been | ||
initiated. A cemetery organization or funeral establishment shall | ||
not be liable for refusing to accept the decedent's remains, or to | ||
inter or otherwise dispose of the decedent's remains, until it | ||
receives a court order or other suitable confirmation that the | ||
dispute has been resolved or settled. | ||
SECTION 2. Section 711.004(c), Health and Safety Code, is | ||
amended to read as follows: | ||
(c) If the consent required by Subsection (a) cannot be | ||
obtained, the remains may be removed by permission of a county | ||
[ |
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located. Before the date of application to the court for | ||
permission to remove remains under this subsection, notice must be | ||
given to: | ||
(1) the cemetery organization operating the cemetery | ||
in which the remains are interred or if the cemetery organization | ||
cannot be located or does not exist, the Texas Historical | ||
Commission; | ||
(2) each person whose consent is required for removal | ||
of the remains under Subsection (a); and | ||
(3) any other person that the court requires to be | ||
served. | ||
SECTION 3. Section 711.002, Health and Safety Code, as | ||
amended by this Act, applies only to the validity of a document | ||
executed on or after the effective date of this Act. The validity | ||
of a document executed before the effective date of this Act is | ||
governed by the law in effect on the date the document was executed, | ||
and that law continues in effect for that purpose. | ||
SECTION 4. (a) Except as otherwise provided in this | ||
section, the changes in law made by this Act apply to: | ||
(1) an instrument described by Section 711.002(a)(1), | ||
Health and Safety Code, created before, on, or after the effective | ||
date of this Act; | ||
(2) a judicial proceeding concerning an instrument | ||
described by Subdivision (1) of this subsection that: | ||
(A) commences on or after the effective date of | ||
this Act; or | ||
(B) is pending on the effective date of this Act; | ||
and | ||
(3) an application to a court to remove remains under | ||
Section 711.004(c), Health and Safety Code, as amended by this Act, | ||
submitted on or after the effective date of this Act. | ||
(b) If the court finds that application of a provision of | ||
this Act would substantially interfere with the effective conduct | ||
of a judicial proceeding concerning an instrument described by | ||
Subsection (a)(1) of this section that is pending on the effective | ||
date of this Act or prejudice the rights of a party to the | ||
proceeding, the provision of this Act does not apply, and the law in | ||
effect immediately before the effective date of this Act applies in | ||
those circumstances. | ||
SECTION 5. This Act takes effect September 1, 2019. |