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.