1-1 AN ACT 1-2 relating to the name of a decedent on a grave marker. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 711.002, Health and Safety Code, is 1-5 amended by amending Subsections (g) and (j) and adding Subsection 1-6 (k) to read as follows: 1-7 (g) A person may provide written directions for the 1-8 disposition, including cremation, of the person's remains in a 1-9 will, a prepaid funeral contract, or a written instrument signed 1-10 and acknowledged by such person. The directions may govern the 1-11 inscription to be placed on a grave marker attached to any plot in 1-12 which the decedent had the right of sepulture at the time of death 1-13 and in which plot the decedent is subsequently interred. The 1-14 directions may be modified or revoked only by a subsequent writing 1-15 signed and acknowledged by such person. The person otherwise 1-16 entitled to control the disposition of a decedent's remains under 1-17 this section shall faithfully carry out the directions of the 1-18 decedent to the extent that the decedent's estate or the person 1-19 controlling the disposition are financially able to do so. 1-20 (j) In the absence of evidence of a contrary intent, it is 1-21 presumed that a married woman directs that her name, as it appears 1-22 on the grave marker for the plot in which she is interred, include 1-23 the same last name she used at the time of her death. 1-24 (k) Any dispute among any of the persons listed in 2-1 Subsection (a) concerning their right to control the disposition, 2-2 including cremation, of a decedent's remains shall be resolved by a 2-3 court of competent jurisdiction. A cemetery organization or funeral 2-4 establishment shall not be liable for refusing to accept the 2-5 decedent's remains, or to inter or otherwise dispose of the 2-6 decedent's remains, until it receives a court order or other 2-7 suitable confirmation that the dispute has been resolved or 2-8 settled. 2-9 SECTION 2. The change in law made by this Act applies only 2-10 to a grave marker attached to a plot with respect to which a 2-11 decedent interred in the plot died on or after January 1, 1998. 2-12 SECTION 3. The importance of this legislation and the 2-13 crowded condition of the calendars in both houses create an 2-14 emergency and an imperative public necessity that the 2-15 constitutional rule requiring bills to be read on three several 2-16 days in each house be suspended, and this rule is hereby suspended, 2-17 and that this Act take effect and be in force from and after its 2-18 passage, and it is so enacted. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 1571 was passed by the House on May 4, 1999, by the following vote: Yeas 144, Nays 0, 2 present, not voting; and that the House concurred in Senate amendments to H.B. No. 1571 on May 26, 1999, by a non-record vote. _______________________________ Chief Clerk of the House I certify that H.B. No. 1571 was passed by the Senate, with amendments, on May 24, 1999, by the following vote: Yeas 30, Nays 0. _______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor