By:  Maxey                                             H.B. No. 917
       73R4565 KLL-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to certain duties concerning the disposition of a person's
    1-3  remains.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 711.002, Health and Safety Code, is
    1-6  amended by amending Subsection (g) and adding Subsection (h) to
    1-7  read as follows:
    1-8        (g)  A cemetery association, funeral director, embalmer,
    1-9  funeral establishment, or crematory is not liable for carrying out
   1-10  the instructions of the decedent unless it has actual notice that
   1-11  the representation is untrue.
   1-12        (h)  A cemetery association, funeral director, embalmer,
   1-13  funeral establishment, or crematory is liable for failure to carry
   1-14  out the instructions of the decedent.  If the instructions of the
   1-15  decedent are not carried out, the person or persons who were
   1-16  designated by the decedent to control the disposition of the
   1-17  decedent's remains may bring an action for damages under this
   1-18  subsection.  A cemetery association, funeral director, embalmer,
   1-19  funeral establishment, or crematory that fails to carry out the
   1-20  instructions of the decedent is liable for:
   1-21              (1)  actual damages;
   1-22              (2)  statutory damages of not more than $1,000; and
   1-23              (3)  court costs and reasonable attorney's fees
   1-24  incurred by the person or persons bringing the action.
    2-1        SECTION 2.  This Act takes effect September 1, 1993.
    2-2        SECTION 3.  The importance of this legislation and the
    2-3  crowded condition of the calendars in both houses create an
    2-4  emergency and an imperative public necessity that the
    2-5  constitutional rule requiring bills to be read on three several
    2-6  days in each house be suspended, and this rule is hereby suspended.