BILL ANALYSIS


                                                    C.S.H.B. 1366
                                             By: Dutton (Sponsor)
                                        Health and Human Services
                                                          5-11-95
                            Senate Committee Report (Substituted)
BACKGROUND

Currently, Section 711.003, Health and Safety Code, requires a
cemetery to keep a record of interment, 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 the lack of record keeping when a person is moved from
one location to another.

PURPOSE

As proposed, C.S.H.B. 1366 requires a cemetery organization to show
a specific unique number for each plot, crypt, lawn crypt, or niche
on a map of the property.  Requires death certificates to include
the name of the place and the specific number of the plot, crypt,
lawn crypt, or niche in which the decedent's remains will be
interred.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

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

     (a) Requires a cemetery organization that acquires property
     for interment purposes, in the case of land, to make a map or
     plat of the property showing a specific unique number for each
     plot; or, in the case of a mausoleum and columbarium, to make
     a map or plat of the property showing a specific unique number
     for each crypt, lawn crypt, or niche.
     
     (e) Requires a cemetery organization to indicate any change in
     a specific unique number assigned to a plot, crypt, lawn, or
     niche, if the property changes.
     
     (g) Declares that a cemetery association is civilly liable to
     the state in an amount not to exceed $1,000 for each plat or
     map that fails to comply with Subsection (a), (b), (c), or
     (e).
     
     SECTION 2.     Amends Section 193.001, Health and Safety Code, as
follows:

     (a) Created from existing text.
     
     (b) Requires the Texas Department of Health to require death
     certificates and fetal death certificates to include the name
     of the place and the specific number of the plot, crypt, lawn
     crypt, or niche in which a decedent's remains will be
     interred, or the place and manner of other disposition.
     
     (c) Requires the bureau of vital statistics and each local
     registrar to make the information under Subsection (b)
     available to the public, and authorizes the bureau to charge
     a fee in an amount prescribed under Section 191.0045 for
     providing that service.
     
     SECTION 3.     Requires a cemetery association that, on the effective
date of this Act, has not complied with Section 711.034, Health and
Safety Code, to comply with that law not later than September 30,
1995.

SECTION 4. Effective date: September 1, 1995.
           Effective date of Section 1: October 1, 1995.

SECTION 5. Emergency clause.