By: Naishtat H.B. No. 987
73R2949 KLL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to instructions for the disposition of a person's remains
1-3 and providing protection from liability for a business that carries
1-4 out those instructions.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 711.002(e) and (g), Health and Safety
1-7 Code, are amended to read as follows:
1-8 (e) A person may provide instructions to direct the
1-9 preparation for and type or place of interment of the person's
1-10 remains or to direct that the person be cremated. The instructions
1-11 may be modified only in writing. The person or persons otherwise
1-12 entitled to control the disposition of the remains under this
1-13 section shall faithfully carry out the instructions of the
1-14 decedent.
1-15 (g) A cemetery association, a business operating a crematory
1-16 or columbarium or both, or a business operating a funeral
1-17 establishment is not liable for carrying out the instructions of
1-18 the decedent unless it has actual notice that the representation is
1-19 untrue.
1-20 SECTION 2. This Act applies to instructions for the
1-21 disposition of a person's remains issued before, on, or after the
1-22 effective date of this Act.
1-23 SECTION 3. The importance of this legislation and the
1-24 crowded condition of the calendars in both houses create an
2-1 emergency and an imperative public necessity that the
2-2 constitutional rule requiring bills to be read on three several
2-3 days in each house be suspended, and this rule is hereby suspended,
2-4 and that this Act take effect and be in force from and after its
2-5 passage, and it is so enacted.