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A BILL TO BE ENTITLED
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AN ACT
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relating to the disposition of a decedent's remains by a |
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beneficiary named in the decedent's will. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 |
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(g), the following persons, in the priority listed, have the right |
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to 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, the |
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form for which is prescribed by Subsection (b), signed by the |
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decedent; |
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(2) any one of the primary beneficiaries named in the |
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decedent's will, if the beneficiary is an individual; |
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(3) the decedent's surviving spouse; |
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(4) [(3)] any one of the decedent's surviving adult |
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children; |
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(5) [(4)] either one of the decedent's surviving |
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parents; |
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(6) [(5)] any one of the decedent's surviving adult |
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siblings; or |
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(7) [(6)] any adult person in the next degree of |
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kinship in the order named by law to inherit the estate of the |
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decedent. |
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SECTION 2. The changes in law made by this Act apply only to |
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the disposition of the remains of a decedent who dies on or after |
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the effective date of this Act. The disposition of the remains of a |
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decedent who dies before the effective date of this Act is governed |
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by the law in effect on the date of the decedent's death, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |