BILL ANALYSIS



H.B. 2274
By: Hudson
04-25-95
Committee Report (Unamended)


BACKGROUND

Currently funeral establishments that have incurred costs for the
care or transportation of a human corpse may not hold the human
remains if the party authorized to make funeral arrangements
desires to transfer the body from one funeral establishment to
another.

PURPOSE

H.B. 2274 would allow funeral establishments to deny the release of
a dead human body to a person or agent authorized to make
arrangements for the deceased if that person or agent has failed to
pay any costs incurred by the funeral establishment currently in
possession of the body.

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. Adds Section 4A to Article 4582b, Vernon's Texas Civil
Statutes, allowing a funeral establishment that was permitted or
authorized to provide funeral services for a deceased person to
refuse to surrender the body to another person or authorized agent
if the costs incurred by the funeral establishment for the care and
preparation of the body have not been paid.
Section 4A also states that failure to release a dead human body
under this section is not a violation of this Act.

SECTION 2. Effective date: September 1, 1995.

SECTION 3. Emergency clause.

SUMMARY OF COMMITTEE ACTION

H.B. 2274 was considered by the Public Health Committee in a public
hearing on April 25, 1995. 
The following persons testified in favor of the bill:
Representative Hudson, author of the bill.
Armetia Pinkston, representing self.

The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed, by a record vote of
5 AYES, 0 NAYS, 0 PNV, and 4 ABSENT.