H.B. No. 4101 introduces a new chapter, Chapter 77A, to the Civil Practice and Remedies Code, specifically addressing the liability of funeral service providers for mental anguish damages. The bill defines key terms such as "body or remains," "claimant," "funeral service," and "funeral service provider." It establishes that claims for mental anguish damages can only be pursued by individuals who have a special relationship with the funeral service provider, such as those with rights related to the disposition of a body. Furthermore, it stipulates that claimants cannot seek mental anguish damages under any other law against funeral service providers.

The bill limits the liability of funeral service providers for mental anguish damages, requiring claimants to prove specific conditions, including mishandling of a body and the resulting emotional distress. The potential damages are capped at either three times the amount paid for funeral services or $250,000, 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 its effective date, which is contingent upon receiving a three-fifths vote from the legislature.

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