HBA-KMH C.S.H.B. 1571 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1571
By: Grusendorf
Judicial Affairs
4/19/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current state law does not entitle a surviving spouse sole discretion in
the matter of the styling of a grave marker if the interment is in a plot
originally purchased by the deceased with a former spouse.  C.S.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. Emergency clause.
  Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1571 modifies the original in SECTION 1 by amending Section
711.002, Health and Safety Code, rather than adding new Section 714.005
(Name of Surviving Spouse on Grave Marker) which granted certain rights to
surviving spouses in regards to placing the surviving spouse's name on the
grave marker.  The substitute authorizes directions written and signed by
the decedent to govern the inscription on the grave marker and 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. 

C.S.H.B. 1571 modifies the original by deleting SECTION 2 (prospective
clause), and redesignating SECTION 3 of the original to SECTION 2.