HBA-AMW, KDB H.B. 1459 77(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 1459 By: Williams Judicial Affairs 7/20/2001 Enrolled BACKGROUND AND PURPOSE Prior to the 77th Legislature, state law allowed the surviving spouse and the surviving child or children of a deceased cemetery plot owner to convey unused cemetery plots and only allowed the heirs-at-law to convey the exclusive right to the plot if there was no surviving child of the owner. Under state law, the children of a deceased child of the plot owner were not allowed the same interment rights as the children of a surviving child of the plot owner. House Bill 1459 provides all heirs-at-law with the same interment rights. 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. ANALYSIS House Bill 1459 amends the Health and Safety Code to remove provisions authorizing the surviving spouse, if any, and the heirs-at-law of the plot owner to convey the exclusive right of sepulture in an unused grave, niche, or crypt of a plot in which the plot owner has been interred if there is no surviving child of the owner. The bill 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. EFFECTIVE DATE September 1, 2001.