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.