Bill Summary – FastDemocracy

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




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