BILL ANALYSIS



C.S.H.B. 1366
By: Dutton
03-28-95
Committee Report (Substituted)


BACKGROUND

Currently Section 711.003 of the Health and Safety Code requires a
record of interment to be kept at the cemetery, including the name
and age of the interred, and the location of the plot. Problems
arise when people are unable to locate the remains of an interred
person, often due to a lack of record keeping when the interred
person is moved from one location to another. 

PURPOSE

H.B. 1366, as substituted, would require cemetery associations to
keep records of all interments using specific number identifiers
for plots, crypts, lawn crypts or niches, and would require the
placement of the identifier on the death certificate.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subsections (a) and (e) and adds Subsection (g),
Section 711.034, Health and Safety Code, as follows:

     Subsection (a)(1) is amended to require a specific unique
     number for each cemetery plot and Subsection (a)(2) is amended
     to require a specific unique number for each crypt, lawn crypt
     or niche in a mausoleum or cemetery and columbarium.

     Subsection (e) is amended to require a cemetery organization
     to file an amended map or plat indicating any change in a
     specific unique number assigned to a plot, crypt, lawn crypt,
     or niche.

     Subsection (g) is added and stipulates that a cemetery
     association which fails to keep records of interment using
     unique number identifiers and records of any changes to the
     map or plat identifying the interred is civilly liable to the
     state in an amount not to exceed $1,000 for each map or plat
     not in compliance.

SECTION 2. Amends Section 193.001, Health and Safety Code, by
adding Subsections (b) and (c) as follows:

     Subsection (b) stipulates that the Texas Department of Health
     shall require death certificates and fetal death certificates
     to include the name of the place and the specific unique
     number of the plot, crypt, lawn crypt, or niche in which a
     decedent's remains will be interred or, if the remains will
     not be interred, the place and manner of other disposition.

     Subsection (c) requires the bureau of vital statistics and
     each local registrar to make the information required in (b)
     available to the public and allows the bureau to charge a fee
     for this service, as prescribed under Section 191.0045, Health
     and Safety Code.
SECTION 3. A cemetery association that, on the effective date of
this Act, has not complied with Section 711.034, Health and Safety
Code, shall comply with the law not later than September 30, 1995.

SECTION 4. Effective date: September 1, 1995, except SECTION 1 of
this Act, which takes effect October 1, 1995.

SECTION 5. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 1 of the substitute for H.B. 1366 accomplishes the goal of
the legislation by amending the section of the Health and Safety
Code (Section 711.034) that relates to maps and plats instead of
adding provisions to Section 711.003, relating to records of
interment. The substitute requires a specific number be assigned to
the location of a decedent's remains instead of requiring cemetery
associations to file copies of interment records with county
clerks. The substitute also adds specific language not in the
original bill which indicates that the Act applies to a crypt, lawn
crypt, or niche, as well as to a burial plot.

The substitute bill would hold a violator civilly liable to the
state in an amount not to exceed $1,000 for each map or plat which
fails to comply with Subsections (a), (b), (c), or (e) of Section
711.034 of the Code, instead of deeming a violation of those
subsections a Class B misdemeanor, as the original version of the
bill proposes.

SECTION 2 of the substitute bill requires the information about
location of remains to be included on a death certificate, as the
original bill did, but reflects the more specific language of the
substitute bill and requires recording of the unique identifying
number. The substitute bill contains the additional requirement
that the bureau of vital statistics and each local registrar make
the information required by the Act available to the public, and
allows them to charge a fee.

SUMMARY OF COMMITTEE ACTION

H.B. 1366 was considered by the committee in a public hearing on
March 21, 1995.

The following persons testified in favor of the bill:
Representative Harold Dutton, author of the bill.
Chris Inabnett, representing Restland Memorial Park.

The bill was left pending in committee on March 21, 1995.

The bill was considered by the committee as pending business on
March 28, 1995. The committee considered a complete substitute to
the bill. One amendment was offered to the substitute. The
amendment was adopted without objection. The substitute as amended
was adopted without objection. The bill was reported favorably as
substituted, with the recommendation that it do pass and be
printed, by a record vote of 7 Ayes, 0 Nays, 0 PNV, and 2 Absent.