SRC-TJG S.B. 1764 78(R)BILL ANALYSIS


Senate Research CenterS.B. 1764
By: Deuell
Health & Human Services
7/8/2003
Enrolled


DIGEST AND PURPOSE 

Currently, the Texas Department of Mental Health and Mental Retardation
(TDMHMR) is not authorized to place certain information on grave markers
in TDMHMR cemeteries.  S.B. 1764 authorizes certain individuals to
disclose the name and birth and death dates of mental health facility
patients for inscription on a grave marker. 

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 Subchapter (a), Chapter 576, Health and Safety Code, by
adding Section 576.0055, as follows: 

Sec. 576.0055.  DISCLOSURE OF NAME AND BIRTH AND DEATH DATES FOR CERTAIN
PURPOSES.  (a) Defines " cemetery organization" and "funeral
establishment." 

(b) Requires the administrator of a mental health facility,
notwithstanding any other law, on request by a representative of a
cemetery organization or funeral establishment, to release to the
representative certain personal information of a person who was a patient
at a facility when the person died, unless certain conditions apply.
Authorizes a representative of a cemetery organization or a funeral
establishment to use a name or date released under this subsection only
for the purpose of inscribing the name or date on the grave marker. 

SECTION 2.  Amends Chapter 595, Health and Safety Code, by adding Section
595.0055, as follows: 

Sec. 595.0055.  DISCLOSURE OF NAME AND BIRTH AND DEATH DATES FOR CERTAIN
PURPOSES.  (a) Defines " cemetery organization" and "funeral
establishment." 

(b) Requires the superintendent of a residential care facility,
notwithstanding any other law, on request by a representative of a
cemetery organization or funeral establishment, to release to the
representative certain personal information of a person who was a patient
at a facility when the person died, unless certain conditions apply.
Authorizes a representative of a cemetery organization or a funeral
establishment to use a name or date released under this subsection only
for the purpose of inscribing the name or date on the grave marker. 

SECTION 3.  Effective date: upon passage or September 1, 2003.