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.