82R844 ALB-D
 
  By: Flynn, Sheffield, Landtroop, Farias H.B. No. 74
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to persons authorized to control the disposition of the
 
  remains of certain members of the United States armed forces.
         
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
         SECTION 1.  Section 711.002, Health and Safety Code, is
 
  amended by adding Subsection (a-1) to read as follows:
         
         (a-1)  For purposes of Subsection (a)(1), a written
 
  instrument includes 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 died in a manner described by 10
 
  U.S.C. Sections 1481(a)(1) through (8). Notwithstanding
 
  Subsections (b) and (c), the form is legally sufficient under
 
  Subsection (a)(1) if it is properly completed, signed by the
 
  decedent, and witnessed in the manner required by the form. To the
 
  extent the form conflicts with another written instrument described
 
  by Subsection (a)(1), DD Form 93, or a successor form, controls.
         
         SECTION 2.  This Act takes effect immediately if it receives
 
  a vote of two-thirds of all the members elected to each house, as
 
  provided by Section 39, Article III, Texas Constitution.  If this
 
  Act does not receive the vote necessary for immediate effect, this
 
  Act takes effect September 1, 2011.