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A BILL TO BE ENTITLED
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AN ACT
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relating to certain health care rights of domestic partners. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 166.004(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) If, at the time notice is to be provided under |
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Subsection (c), the individual is incompetent or otherwise |
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incapacitated and unable to receive the notice required by this |
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section, the provider shall provide the required written notice, in |
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the following order of preference, to: |
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(1) the individual's legal guardian; |
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(2) a person responsible for the health care decisions |
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of the individual; |
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(3) the individual's spouse or domestic partner as |
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defined by Section 257.001; |
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(4) the individual's adult child; |
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(5) the individual's parent; or |
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(6) the person admitting the individual. |
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SECTION 2. Section 166.039(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) If the patient does not have a legal guardian or an agent |
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under a medical power of attorney, the attending physician and one |
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person, if available, from one of the following categories, in the |
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following priority, may make a treatment decision that may include |
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a decision to withhold or withdraw life-sustaining treatment: |
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(1) the patient's spouse or domestic partner as defined |
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by Section 257.001; |
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(2) the patient's reasonably available adult children; |
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(3) the patient's parents; or |
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(4) the patient's nearest living relative. |
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SECTION 3. Subtitle B, Title 4, Health and Safety Code, is |
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amended by adding Chapter 257 to read as follows: |
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CHAPTER 257. HEALTH FACILITY VISITATION |
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Sec. 257.001. DEFINITION. In this chapter, "domestic |
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partnership" means a relationship between two individuals who: |
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(1) agree to be in a relationship of mutual |
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interdependence in which each individual contributes to the |
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maintenance and support of the other individual and the |
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relationship, even if both individuals are not required to |
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contribute equally to the relationship; |
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(2) are at least 18 years old; |
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(3) are not related within the third degree of |
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affinity or consanguinity; |
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(4) are not married or in a civil union recognized in |
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any other jurisdiction; and |
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(5) are not in another relationship described by |
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Subdivision (1). |
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Sec. 257.002. PROOF OF DOMESTIC PARTNERSHIP. An individual |
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who asserts a domestic partnership under Section 257.001 may be |
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required to provide: |
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(1) an affidavit signed under penalty of perjury by |
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two individuals stating that they have established a domestic |
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partnership; and |
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(2) proof of any two of the following documents: |
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(A) joint liability of the individuals for a |
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mortgage, lease, or loan; |
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(B) the designation of one of the individuals as |
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the primary beneficiary under a life insurance policy on the life of |
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the other individual or under a retirement plan of the other |
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individual; |
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(C) the designation of one of the individuals as |
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the primary beneficiary of the will of the other individual; |
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(D) a durable power of attorney for health care |
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or financial management granted by one of the individuals to the |
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other individual; |
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(E) joint ownership or lease by the individuals |
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of a motor vehicle; |
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(F) a joint checking account, joint investments, |
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or a joint credit account; |
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(G) a joint renter's or homeowner's insurance |
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policy; |
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(H) coverage of both individuals on a health |
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insurance policy written on an individual or family basis; |
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(I) joint responsibility for child care, such as |
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guardianship or school documents; or |
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(J) a relationship or cohabitation contract. |
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Sec. 257.003. VISITATION. (a) A hospital or facility |
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licensed under this subtitle shall allow an individual who is a |
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patient's or resident's domestic partner, the children of the |
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patient's or resident's domestic partner, or the domestic partner of |
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the patient's or resident's parent or child to visit, unless: |
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(1) visitors are not allowed; |
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(2) the facility reasonably determines that the |
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presence of the individual would endanger the health or safety of a |
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patient, resident, or member of the facility staff; or |
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(3) the patient or resident or the patient's or |
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resident's personal representative tells the facility staff that |
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the patient or resident does not want the individual to visit. |
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(b) This section does not prohibit a hospital or facility |
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licensed under this subtitle from establishing reasonable |
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restrictions on visitation, including restrictions on the hours of |
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visitation and number of visitors. |
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Sec. 257.004. MEDICAL EMERGENCY VISITATION. If an adult in |
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good faith, during a medical emergency informs an emergency medical |
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provider or hospital staff person that the adult and an ill or |
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injured adult patient are in a mutually interdependent |
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relationship, the provider or person shall treat the adults as |
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domestic partners by allowing the adult to: |
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(1) accompany the adult patient as the patient is |
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transported to a hospital in an emergency vehicle; and |
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(2) visit the adult patient who is admitted to a |
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hospital on an emergency basis as if the adult is a member of the |
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adult patient's immediate family. |
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SECTION 4. Section 313.004(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) If an adult patient of a home and community support |
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services agency or in a hospital or nursing home is comatose, |
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incapacitated, or otherwise mentally or physically incapable of |
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communication, an adult surrogate from the following list, in order |
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of priority, who has decision-making capacity, is available after a |
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reasonably diligent inquiry, and is willing to consent to medical |
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treatment on behalf of the patient may consent to medical treatment |
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on behalf of the patient: |
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(1) the patient's spouse or domestic partner as defined |
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by Section 257.001; |
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(2) an adult child of the patient who has the waiver |
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and consent of all other qualified adult children of the patient to |
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act as the sole decision-maker; |
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(3) a majority of the patient's reasonably available |
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adult children; |
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(4) the patient's parents; or |
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(5) the individual clearly identified to act for the |
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patient by the patient before the patient became incapacitated, the |
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patient's nearest living relative, or a member of the clergy. |
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SECTION 5. Section 692.004(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The following persons, in the following priority, may |
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give all or any part of a decedent's body for a purpose specified by |
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Section 692.005: |
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(1) the decedent's spouse or domestic partner as |
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defined by Section 257.001; |
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(2) the decedent's adult child; |
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(3) either of the decedent's parents; |
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(4) the decedent's adult brother or sister; |
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(5) the guardian of the person of the decedent at the |
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time of death; or |
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(6) any other person authorized or under an obligation |
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to dispose of the body. |
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SECTION 6. Sections 692.010(c) and (d), Health and Safety |
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Code, are amended to read as follows: |
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(c) If a donee accepts a gift of an entire body, the |
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decedent's surviving spouse or domestic partner as defined by |
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Section 257.001 or any other person authorized to give all or part |
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of the body may authorize the body's embalming and have the use of |
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the body for funeral services, subject to the terms of the gift. |
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(d) If a donee accepts a gift of a part, the donee shall |
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cause the part to be removed from the body without unnecessary |
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mutilation after death occurs and before the body is embalmed. |
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After the part is removed, the surviving spouse, domestic partner, |
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next of kin, or other person under obligation to dispose of the body |
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has custody of the body. |
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SECTION 7. Section 693.004, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 693.004. PERSONS WHO MAY CONSENT OR OBJECT TO REMOVAL. |
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The following persons may consent or object to the removal of tissue |
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or a body part: |
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(1) the decedent's spouse or domestic partner as |
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defined by Section 257.001; |
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(2) the decedent's adult children, if there is no |
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spouse; |
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(3) the decedent's parents, if there is no spouse, |
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domestic partner, or adult child; or |
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(4) the decedent's brothers or sisters, if there is no |
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spouse, domestic partner, adult child, or parent. |
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SECTION 8. Section 711.002(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) Unless a decedent has left directions in writing for the |
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disposition of the decedent's remains as provided in Subsection (g), |
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the following persons, in the priority listed, have the right to |
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control the disposition, including cremation, of the decedent's |
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remains, shall inter the remains, and are liable for the reasonable |
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cost of interment: |
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(1) the person designated in a written instrument |
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signed by the decedent; |
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(2) the decedent's surviving spouse or domestic |
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partner as defined by Section 257.001; |
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(3) any one of the decedent's surviving adult children; |
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(4) either one of the decedent's surviving parents; |
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(5) any one of the decedent's surviving adult siblings; |
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or |
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(6) any adult person in the next degree of kinship in |
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the order named by law to inherit the estate of the decedent. |
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SECTION 9. Section 711.004(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) Remains interred in a cemetery may be removed from a |
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plot in the cemetery with the written consent of the cemetery |
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organization operating the cemetery and the written consent of the |
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current plot owner or owners and the following persons, in the |
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priority listed: |
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(1) the decedent's surviving spouse or domestic |
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partner as defined by Section 257.001; |
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(2) the decedent's surviving adult children; |
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(3) the decedent's surviving parents; |
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(4) the decedent's adult siblings; or |
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(5) the adult person in the next degree of kinship in |
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the order named by law to inherit the estate of the decedent. |
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SECTION 10. Article 49.13(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) Consent for a physician to conduct an autopsy is |
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sufficient if given by the following: |
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(1) if the deceased was married, the surviving spouse; |
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(2) a domestic partner of the deceased as defined by |
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Section 257.001, Health and Safety Code; |
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(3) if the deceased was married or had a domestic |
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partner but was not survived by a spouse or domestic partner, an |
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adult child of the deceased; |
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(4) [(3)] if the deceased was married or had a |
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domestic partner but was not survived by a spouse or domestic |
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partner, and a child of the deceased is under the care of a guardian |
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or a court, the guardian or court having care of the child; or |
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(5) [(4)] if the deceased person was unmarried and did |
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not have a domestic partner or is not survived by a spouse, a |
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domestic partner, or a child, the following persons in the order |
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stated: |
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(A) a parent; |
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(B) a guardian; |
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(C) the next of kin; or |
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(D) any person who assumes custody of and |
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responsibility for the burial of the body. |
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SECTION 11. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2009. |