SRC-TJG H.B. 1077 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1077
By: Jones, Jesse (West, Royce)
Health & Human Services
5/10/2003
Engrossed


DIGEST AND PURPOSE 

Current law permits a cemetery organization to move a remains interred in
a cemetery from one plot to another plot in the same cemetery without
obtaining written consent from the decedent's next of kin.  H.B. 1077
requires the cemetery to obtain written consent of the decedent's next of
kin before moving the remains from one plot to another plot within the
same cemetery. 

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 711.004, Health and Safety Code, by amending
Subsections (a), (d), and (e) and adding Subsections (j), (k), and (l), as
follows: 

(a) Authorizes remains interred in a cemetery to be removed from a plot in
the cemetery with the written consent of certain persons. 

(d)  Provides and exception.  Requires the court, in an emergency
circumstance described by Subsection (l) that necessitates immediate
removal of remains from a plot, to hear an application for permission to
remove remains under Subsection (c) not later than the first business day
after the application is made.  Authorizes personal notice to be given on
the date the application is made, in an emergency circumstance described
by this subsection. 

(e) Provides that Subsections (a)-(d) and (k) do not apply to the removal
of certain remains. 

(j) Authorizes a cemetery organization to remove remains from a plot in
the cemetery and transfer the remains to another plot in the same cemetery
without the written consent required under Subsection (a) if the cemetery
seeks consent by sending written notice by certified mail, return receipt
requested, to the last known address of the current owner of the plot from
which the remains are to be removed or to the person designated under
Subsection (a).  Requires the notice to indicate that the remains will be
removed, the reason for the removal of the remains, and the proposed
location of the reinterment of the remains.  Authorizes the cemetery to
transfer the remains to another plot in accordance with this subsection if
an objection is not received in response to the notice before the 31st day
after the date the notice is sent.  Prohibits a cemetery from removing
remains under this subsection for a fraudulent purpose or to allow the
sale of the plot in which the remains are located to another person. 

(k) Authorizes a cemetery organization, in an emergency circumstance
described by Subsection (l) that necessitates immediate removal of remains
before the date on which the court is required to hear an application for
permission to remove remains under Subsection (d), to remove remains from
a plot in the cemetery and transfer the remains to another plot in the
same cemetery without the court hearing.  Requires a cemetery association
that removes remains under this subsection to send written notice of the
removal by certified mail, return receipt requested, to the last known
address of the  person designated under Subsection (a) not later than the
fifth day after the date the remains are removed.  Requires the notice to
indicate that the remains were removed, the reason for the removal of the
remains, and the location of the reinterment of the remains. 

(l) Defines "emergency circumstance."

SECTION 2.   Effective date:  September 1, 2003.
  Makes application of this Act prospective.