By:  Geren, Zedler (Senate Sponsor - Brimer)                      H.B. No. 2185
	(In the Senate - Received from the House April 28, 2003; 
May 1, 2003, read first time and referred to Committee on Health 
and Human Services; May 21, 2003, reported adversely, with 
favorable Committee Substitute by the following vote:  Yeas 8, 
Nays 0; May 21, 2003, sent to printer.)


COMMITTEE SUBSTITUTE FOR H.B. No. 2185                                   By:  Ratliff


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 
involving more than one person; or
		(4)  the overtaking of more than one 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:
		(1)  an affidavit is submitted to the registrar stating 
that:        
			(A)  the person was last reasonably believed to be 
at the scene of a catastrophe;
			(B)  at least 10 days have passed since the day of 
the catastrophe; 
			(C)  a diligent search has been made by a 
governmental authority and the authority has concluded the search 
for the person;
			(D)  the catastrophe was not intentionally caused 
by the person; and
			(E)  the affiant:                                                     
				(i)  does not know whether the person is 
alive or dead;            
				(ii)  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;
				(iii)  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
				(iv)  is not aware of any reasonable motive 
for the person to disappear or for another person to abduct the 
person; and
		(2)  a written statement signed by an agent of the 
governmental authority that conducts a search under Subdivision 
(1)(C) is submitted to the registrar stating that the governmental 
authority conducted and concluded a search for 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.                           



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