HBA-ATS, KMH H.B. 1571 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1571
By: Grusendorf
Judicial Affairs
6/3/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, state law did not entitle a surviving spouse
sole discretion in the matter of the styling of a grave marker if the
interment was in a plot originally purchased by the decedent with a former
spouse.  H.B. 1571 authorizes directions signed by a decedent to govern the
name placed on the decedent's grave marker.  This bill also provides a
presumption that a married woman wants her grave marker to reflect her
married name, if she is still using it. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 711.002, Health and Safety Code, by amending
Subsections (g) and (j) and adding Subsection (k), to authorize the
directions provided by a person authorized to provide them by signed
written contact of the deceased to govern the inscription to be placed on a
grave marker attached to any plot in which the decedent had the right of
sepulture at the time of death and in which plot the decedent is
subsequently interred.  Provides a presumption that a married woman directs
that her name, as it appears on the grave marker for the plot in which she
is interred, include the same last name she used at the time of death. 

SECTION 2.  Provides that the change in law made by this Act applies only
to a grave marker attached to a plot with respect to which a decedent
interred in the plot died on or after January 1, 1998. 

SECTION 3. Emergency clause.
  Effective date: upon passage.