BILL ANALYSIS

S.B. 1539

By: Carona

Public Health

Committee Report (Unamended)

BACKGROUND AND PURPOSE

During flood-prone disasters, such as hurricanes and extreme rain, buried caskets may become dislodged and float above ground.  This sometimes can result in separation of remains from the casket.  When this occurs, it is difficult, if not impossible, to identify the remains or the casket to return them to their proper burial place.

Title 8 (Death and Disposition of the Body) of the Texas Health and Safety Code, which regulates burial practices and cemetery care, does not require that caskets contain identifying information. 

S.B. 1539 requires the Texas Funeral Service Commission to ensure that a casket contains certain identifying information of the deceased person.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the Texas Funeral Service Commission in SECTION 1 of this bill.

ANALYSIS

S.B. 1539 amends the Health and Safety Code to require the Texas Funeral Service Commission to ensure a casket contains identification of the deceased person, including the person's name, date of birth, and date of death and authorizes the commission to adopt rules to enforce this requirement. The bill defines "casket" and "commission."

EFFECTIVE DATE

On passage, or, if the act does not receive the necessary vote, the act takes effect September 1, 2009.