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
Statutes affected: Introduced: Health and Safety Code 711.004, Health and Safety Code 711.002 (Health and Safety Code 711) House Committee Report: Health and Safety Code 711.004, Health and Safety Code 711.002 (Health and Safety Code 711)