SRC-BWC H.B. 1459 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1459
77R4025 YDB-FBy: Williams (Armbrister)
State Affairs
5/1/2001
Engrossed


DIGEST AND PURPOSE 

Currently, the Health and Safety Code enables the surviving child of a
deceased cemetery plot owner to convey the unused grave spaces, thereby
depriving the children of any deceased child of the plot owner of any right
to be buried in the unused grave spaces, even if the deceased parent is
buried in the plot.  H.B. 1459 authorizes the surviving spouse, if any, and
the heirs-at-law of the plot owner to convey the exclusive right of
sepulture whether or not there is a surviving child of the owner. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 711.039(g), Health and Safety Code, to delete
text that authorized the exclusive right of sepulture in an unused grave,
niche, or crypt of a plot in which the plot owner has been interred to be
conveyed by the surviving spouse and children of the owner of the plot.   

SECTION 2.  Effective date: September 1, 2001.
            Makes application of this Act prospective.