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


Senate Research Center   S.B. 1764
78R8645 TBy: Deuell
Health & Human Services
4/1/2003
As Filed


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.  As proposed, S.B. 1764 authorizes TDMHMR to place
client names on grave markers in instances where clients die at state
mental retardation or mental health facilities, and are buried at
cemeteries operated at TDMHMR, unless the individual or the individual's
guardian has directed otherwise in writing and that document has provided
to TDMHMR. 

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 576.005, Health and Safety Code, as follows:

 (a) Created from existing text.

(b) Authorizes the facility, in the event that a person dies while a
patient at a mental health facility, to release to an employee or agent of
a funeral home, cemetery or other appropriate person the name, date of
birth and date of death of the patient for the purpose of including such
information on the patient's grave marker, unless the patient or patient's
guardian, if any, has provided to the facility administrator written
instructions to the contrary. 

SECTION 2.  Amends Section 595.001, Health and Safety Code, to make a
conforming and nonsubstantive change. 

SECTION 3.  Amends Section 595.005, Health and Safety Code, by adding
Subsection (e) to authorize the facility, in the event that a person dies
while a resident of a residential care facility, to disclose, without the
consent required under Section 595.003, the resident's name, date of birth
and date of death to an employee or agent of a funeral home, cemetery or
other appropriate person for the purpose of including such information on
the resident's grave marker, unless the resident or resident's guardian,
if any, has provided to the facility superintendent written instructions
to the contrary. 

[Bill as drafted contains no effective date.]