78R11920 SMJ-D


By:  Farabee                                                      H.B. No. 2197

Substitute the following for H.B. No. 2197:                                   

By:  McReynolds                                               C.S.H.B. No. 2197



A BILL TO BE ENTITLED

AN ACT

relating to the disclosure of certain information to a cemetery 
organization or funeral establishment for the purpose of marking a 
grave.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 576, Health and Safety 
Code, is amended by adding Section 576.0055 to read as follows:
	Sec. 576.0055.  DISCLOSURE OF NAME AND BIRTH AND DEATH DATES 
FOR CERTAIN PURPOSES.  (a)  In this section, "cemetery 
organization" and "funeral establishment" have the meanings 
assigned by Section 711.001.
	(b)  Notwithstanding any other law, on request by a 
representative of a cemetery organization or funeral 
establishment, the administrator of a mental health facility shall 
release to the representative the name, date of birth, or date of 
death of a person who was a patient at the facility when the person 
died, unless the person or the person's guardian provided written 
instructions to the facility not to release the person's name or 
dates of birth and death.  A representative of a cemetery 
organization or a funeral establishment may use a name or date 
released under this subsection only for the purpose of inscribing 
the name or date on a grave marker.
	SECTION 2.  Chapter 595, Health and Safety Code, is amended 
by adding Section 595.0055 to read as follows:
	Sec. 595.0055.  DISCLOSURE OF NAME AND BIRTH AND DEATH DATES 
FOR CERTAIN PURPOSES.  (a)  In this section, "cemetery 
organization" and "funeral establishment" have the meanings 
assigned by Section 711.001.
	(b)  Notwithstanding any other law, on request by a 
representative of a cemetery organization or funeral 
establishment, the superintendent of a residential care facility 
shall release to the representative the name, date of birth, or date 
of death of a person who was a resident at the facility when the 
person died, unless the person or the person's guardian provided 
written instructions to the facility not to release the person's 
name or dates of birth and death.  A representative of a cemetery 
organization or a funeral establishment may use a name or date 
released under this subsection only for the purpose of inscribing 
the name or date on a grave marker.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.