78R6390 JTS-D

By:  Geren                                                        H.B. No. 2185



A BILL TO BE ENTITLED

AN ACT

relating to the issuance of a certificate of death by catastrophe.            
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 193, Health and Safety Code, is amended 
by adding Section 193.010 to read as follows:
	Sec. 193.010.  CERTIFICATE OF DEATH BY CATASTROPHE.  (a)  In 
this section, "catastrophe" means the occurrence of a substantial 
force that causes widespread or severe damage, injury, or loss of 
life or property and from which it is not reasonable to assume that 
a person could survive, including:
		(1)  flood, earthquake, tornado, or other natural 
disaster;          
		(2)  explosion, fire, or destruction of a building;                    
		(3)  the crash of a motor vehicle, train, or airplane; 
or            
		(4)  the overtaking of a person by fire, water, earth, 
or other substance.
	(b)  A local registrar shall issue and file a certificate of 
death by catastrophe for a person if an affidavit is submitted to 
the registrar stating that:
		(1)  the person was last reasonably believed to be at 
the scene of a catastrophe;
		(2)  at least 10 days have passed since the day of the 
catastrophe;  
		(3)  a diligent search has been made by a governmental 
authority and the authority has concluded the search for the 
person;
		(4)  the catastrophe was not intentionally caused by 
the person; and 
		(5)  the affiant:                                                      
			(A)  does not know whether the person is alive or 
dead;             
			(B)  has not received any information about the 
person's status since the catastrophe and, barring the person's 
death, would have received information about the person's status;
			(C)  is not aware of any custody or guardianship 
issues involving the person, if the person is a minor or a person 
for whom a guardian has been appointed; and
			(D)  is not aware of any reasonable motive for the 
person to disappear or for another person to abduct the person.
	(c)  The department may issue a certificate of death by 
catastrophe for a minor or a person for whom a guardian has been 
appointed who is the subject of a custody or guardianship dispute 
only if all parties to the dispute submit an affidavit under 
Subsection (b).
	(d)  An insurer shall accept as proof of death of an insured a 
certificate of death by catastrophe issued under this section.
	SECTION 2.  This Act takes effect September 1, 2003.