The bill, S.B. No. 2027, introduces Chapter 77A to the Civil Practice and Remedies Code, which specifically addresses the liability of funeral service providers for mental anguish damages. It defines key terms such as "body or remains," "claimant," "funeral service," and "funeral service provider." The chapter establishes that a claimant can only pursue mental anguish damages from a funeral service provider if they have a special relationship with the provider and if the claim is based on the mishandling of a body or remains. Furthermore, it stipulates that a claimant cannot seek mental anguish damages under any other law against a funeral service provider.

The bill limits the liability of funeral service providers for mental anguish damages, requiring claimants to prove specific conditions, including mishandling of remains and the resulting emotional distress. The damages recoverable are capped at either three times the amount paid for funeral services or $50,000, whichever is lesser. Additionally, the bill clarifies that it does not create new causes of action against funeral service providers nor does it limit recovery for other types of damages. The provisions of this chapter will apply only to actions commenced after the effective date of the Act, which will take effect immediately if it receives a two-thirds vote in both houses or on September 1, 2025, if not.

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