BILL ANALYSIS

H.B. 74

By: Flynn

Defense & Veterans' Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Current law relating to the disposition of human remains does not provide for the accommodation of the express, written wishes of members of the United States armed forces through execution of the federally prescribed DD Form 93, or Record of Emergency Data.  H.B. 74 includes this form among the written instruments that can be used to control the disposition of the remains of a service member who dies while on active duty or otherwise meets the criteria described in federal law.   

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 74 amends the Health and Safety Code to include a United States Department of Defense Record of Emergency Data, DD Form 93, or a successor form, in effect at the time of death for a decedent who dies while on active duty or who otherwise meets the criteria described by federal law, among the written instruments that are used to determine persons authorized to control the disposition and interment of the decedent. The bill specifies that the form is legally sufficient for these purposes if it is properly completed, signed by the decedent, and witnessed in the manner required by the form.  The bill establishes that, to the extent the form conflicts with another written instrument, the DD Form 93 or a successor form controls.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2011.