LSL H.B. 2078 75(R)    BILL ANALYSIS


PUBLIC HEALTH
H.B. 2078
By: Naishtat
4-25-97
Committee Report (Unamended)



BACKGROUND 

The current 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. 

PURPOSE

HB 2078 will allow individuals to provide written directions for
dispositon of their body, which may include cremation. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 711.002(g), Health and Safety Code, by adding
the words "including cremation" as a form of written direction for
disposition of an individual's body.   

SECTION 2.   Emergency Clause.  Establishes that the Act take effect upon
passage.