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.