SRC-CDH H.B. 2078 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2078
By: Naishtat (Barrientos)
Health & Human Services
5-15-97
Engrossed


DIGEST 

Currently, the Health and Safety Code is ambiguous as to whether a person
can provide written directions for the disposition of his or her body,
including cremation, prior to death.  It is clear that a person can
designate another individual to make decisions concerning the disposition
of the body, including cremation, but those instructions may be
misinterpreted.  Funeral homes are uncertain as to whether or not they may
follow a deceased person's instructions for the disposition of his or her
remains, and are left to rely on survivors to determine how to care for
the body.  S.B. 2078 will allow individuals to provide written directions
for disposition of their bodies, which may include cremation.   

PURPOSE

As proposed, H.B. 2078 provides for the disposition of a person's remains.

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 711.002(g), Health and Safety Code, to authorize
a person to provide written directions for the disposition, including
cremation, of the person's remains in a will, a prepaid funeral contract,
or a written instrument signed and acknowledged by such person. 

SECTION 2. Emergency clause.
  Effective date:  upon passage.