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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting the disposition of a decedent's remains by |
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a person charged with certain criminal conduct against the |
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decedent. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 711.002, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsection (l) to |
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read as follows: |
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(a) Except as provided by Subsection (l), unless [Unless] a |
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decedent has left directions in writing for the disposition of the |
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decedent's remains as provided in Subsection (g), the following |
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persons, in the priority listed, have the right to control the |
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disposition, including cremation, of the decedent's remains, shall |
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inter the remains, and are liable for the reasonable cost of |
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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; |
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(3) any one of the decedent's surviving adult |
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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 |
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siblings; 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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(l) A person listed in Subsection (a) may not control the |
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disposition of the decedent's remains if, in connection with the |
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decedent's death, an indictment has been filed charging the person |
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with a crime under Chapter 19, Penal Code, that involves family |
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violence against the decedent. |
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SECTION 2. Section 115(c), Texas Probate Code, is amended |
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to read as follows: |
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(c) After notice and hearing, without regard to whether the |
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deceased died intestate or testate, and subject to the prohibition |
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described by Section 711.002(l), Health and Safety Code, a court |
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may limit the right of a surviving spouse, whether or not the spouse |
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has been designated by the deceased's will as the executor of a |
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deceased spouse's estate, to control the burial and interment or |
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cremation of the deceased spouse if the court finds that there is |
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good cause to believe that the surviving spouse is the principal or |
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an accomplice in a wilful act which resulted in the death of the |
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deceased spouse. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |