By Dukes                                              H.B. No. 3107
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to making crematory services more available, affordable
    1-3  and competitive.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Health & Safety Code Section 711.006 is amended
    1-6  to read as follows:
    1-7        Sec. 711.006  Limitations on Crematory Construction and
    1-8  Operation.  (a)  A crematory may be constructed, established, or
    1-9  maintained only in a burial park <having a> or crematory and
   1-10  columbarium, plot, or mausoleum equipped for the interment of
   1-11  cremated remains.
   1-12        (b)  The crematory may be in the same fireproof structure as
   1-13  the columbarium, plot or mausoleum or in a separate fireproof
   1-14  building in the same <burial park> tract of land as the
   1-15  columbarium, plot or mausoleum.
   1-16        (c)  A crematory that cremates a decedent's human remains
   1-17  shall dispose of the cremated remains by:
   1-18              (1)  delivering the cremated remains to or as directed
   1-19  by the funeral establishment that contracted to provide for the
   1-20  cremation;
   1-21              (2)  delivering the cremated remains as directed by the
   1-22  person who contracted for the cremation; or
   1-23              (3)  if not delivered as provided by Subdivision (1) or
    2-1  (2), by arranging for permanent interment of the cremated remains
    2-2  in a plot, columbarium or mausoleum.
    2-3        (d)  Not later than the 90th day after the cremation, the
    2-4  crematory shall send a written notice by registered or certified
    2-5  mail to the funeral establishment that contracted to provide for
    2-6  the cremation or person who contracted for the cremation stating
    2-7  that the cremated remains will be interred or placed in a
    2-8  columbarium or mausoleum under Subsection (c)(3) unless the
    2-9  notified funeral establishment or person, or other person
   2-10  authorized by the notified funeral establishment or person, claims
   2-11  and removed the cremated remains not later than the 60th day after
   2-12  the date of the notice.
   2-13        (e)  A crematory is not liable for any actions taken by the
   2-14  crematory in accordance with Subsection (c) or (d).
   2-15        (f)  The funeral establishment or person who contracted for
   2-16  the cremation is liable for the reasonable cost of interment or
   2-17  placement in a columbarium or mausoleum under Subsection (c)(3) and
   2-18  (d).
   2-19        SECTION 2.  This Act takes effect September 1, 1995.
   2-20        SECTION 3.  The importance of this legislation and the
   2-21  crowded condition of the calendars in both houses create an
   2-22  emergency and am imperative public necessity that the
   2-23  constitutional rule requiring bills to be read on three several
   2-24  days in each house be suspended, and this rule is hereby suspended.