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A BILL TO BE ENTITLED
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AN ACT
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relating to the disposition and removal of a decedent's remains. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 711.004(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) Remains interred in a cemetery may be removed from a |
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plot in the cemetery with the written consent of the cemetery |
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organization operating the cemetery and the written consent of the |
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current plot owner or owners and the following persons, in the |
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priority listed: |
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(1) the person designated in a written instrument |
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signed by the decedent, as described by Section 711.002(a)(1); |
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(2) the decedent's surviving spouse; |
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(3) any one of [(2)] the decedent's surviving adult |
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children; |
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(4) either one of [(3)] the decedent's surviving |
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parents; |
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(5) any one of [(4)] the decedent's surviving adult |
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siblings; |
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(6) any one of the duly qualified executors or |
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administrators of the decedent's estate; or |
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(7) any [(5) the] adult person in the next degree of |
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kinship in the order named by law to inherit the estate of the |
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decedent. |
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SECTION 2. Section 711.002(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) The written instrument referred to in Subsection (a)(1) |
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may be in substantially the following form: |
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APPOINTMENT FOR DISPOSITION OF REMAINS |
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I, ____________________________________________________, |
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(your name and address) |
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being of sound mind, willfully and voluntarily make known my desire |
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that, upon my death, the disposition of my remains shall be |
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controlled by _________________________________________________ |
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(name of agent) |
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in accordance with Sections [Section] 711.002 and 711.004, Health |
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and Safety Code, and, with respect to that subject only, I hereby |
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appoint such person as my agent (attorney-in-fact). |
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All decisions made by my agent with respect to the |
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disposition of my remains, including cremation, shall be binding. |
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SPECIAL DIRECTIONS: |
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Set forth below are any special directions limiting the power |
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granted to my agent: |
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________________________________________________________________ |
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________________________________________________________________ |
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________________________________________________________________ |
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________________________________________________________________ |
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________________________________________________________________ |
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AGENT: |
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Name: ____________________________________________________ |
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Address: _________________________________________________ |
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Telephone Number: ________________________________________ |
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SUCCESSORS: |
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If my agent or a successor agent dies, becomes legally |
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disabled, resigns, or refuses to act, or if my marriage to my agent |
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or successor agent is dissolved by divorce, annulled, or declared |
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void before my death and this instrument does not state that the |
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agent or successor agent continues to serve after my marriage to |
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that agent or successor agent is dissolved by divorce, annulled, or |
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declared void, I hereby appoint the following persons (each to act |
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alone and successively, in the order named) to serve as my agent |
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(attorney-in-fact) to control the disposition of my remains as |
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authorized by this document: |
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1. First Successor |
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Name: ____________________________________________________ |
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Address: _________________________________________________ |
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Telephone Number: ________________________________________ |
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2. Second Successor |
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Name: ____________________________________________________ |
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Address: _________________________________________________ |
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Telephone Number: ________________________________________ |
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DURATION: |
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This appointment becomes effective upon my death. |
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PRIOR APPOINTMENTS REVOKED: |
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I hereby revoke any prior appointment of any person to |
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control the disposition of my remains. |
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RELIANCE: |
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I hereby agree that any cemetery organization, business |
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operating a crematory or columbarium or both, funeral director or |
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embalmer, or funeral establishment who receives a copy of this |
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document may act under it. Any modification or revocation of this |
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document is not effective as to any such party until that party |
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receives actual notice of the modification or revocation. No such |
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party shall be liable because of reliance on a copy of this |
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document. |
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ASSUMPTION: |
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THE AGENT, AND EACH SUCCESSOR AGENT, BY ACCEPTING THIS |
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APPOINTMENT, ASSUMES THE OBLIGATIONS PROVIDED IN, AND IS BOUND BY |
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THE PROVISIONS OF, SECTIONS [SECTION] 711.002 AND 711.004, HEALTH |
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AND SAFETY CODE. |
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SIGNATURES: |
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This written instrument and my appointments of an agent and |
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any successor agent in this instrument are valid without the |
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signature of my agent and any successor agents below. Each agent, |
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or a successor agent, acting pursuant to this appointment must |
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indicate acceptance of the appointment by signing below before |
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acting as my agent. |
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Signed this ________ day of _________________, 20___. |
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___________________ |
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(your signature) |
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State of ____________________ |
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County of ___________________ |
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This document was acknowledged before me on ______ (date) by |
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_____________________________ (name of principal). |
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_________________________________ |
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(signature of notarial officer) |
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(Seal, if any, of notary) |
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_________________________________ |
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(printed name) |
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My commission expires: |
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_________________________________ |
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ACCEPTANCE AND ASSUMPTION BY AGENT: |
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I have no knowledge of or any reason to believe this |
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Appointment for Disposition of Remains has been revoked. I hereby |
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accept the appointment made in this instrument with the |
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understanding that I will be individually liable for the reasonable |
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cost of the decedent's interment, for which I may seek |
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reimbursement from the decedent's estate. |
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Acceptance of Appointment: _______________________________ |
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(signature of agent) |
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Date of Signature: _______________________________________ |
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Acceptance of Appointment: _______________________________ |
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(signature of first successor) |
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Date of Signature: _______________________________________ |
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Acceptance of Appointment: _______________________________ |
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(signature of second successor) |
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Date of Signature: ________________________________________ |
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SECTION 3. Section 711.002, Health and Safety Code, as |
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amended by this Act, applies only to the validity of a written |
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instrument executed on or after the effective date of this Act. The |
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validity of a written instrument executed before the effective date |
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of this Act is governed by the law in effect on the date the |
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instrument was executed, and that law continues in effect for that |
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purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |
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