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By: Flynn, et al. (Senate Sponsor - Van de Putte) |
H.B. No. 74 |
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(In the Senate - Received from the House March 31, 2011; |
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April 4, 2011, read first time and referred to Committee on Veteran |
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Affairs and Military Installations; April 12, 2011, reported |
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adversely, with favorable Committee Substitute by the following |
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vote: Yeas 5, Nays 0; April 12, 2011, sent to printer.) |
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COMMITTEE SUBSTITUTE FOR H.B. No. 74 |
By: Van de Putte |
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A BILL TO BE ENTITLED
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AN ACT
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relating to persons authorized to control the disposition of the |
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remains of certain members of the United States armed forces. |
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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 adding Subsection (a-1) to read as follows: |
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(a-1) If a United States Department of Defense Record of |
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Emergency Data, DD Form 93, or a successor form, was in effect at |
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the time of death for a decedent who died in a manner described by 10 |
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U.S.C. Sections 1481(a)(1) through (8), the DD Form 93 controls |
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over any other written instrument described by Subsection (a)(1) or |
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(g) with respect to designating a person to control the disposition |
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of the decedent's remains. Notwithstanding Subsections (b) and (c), |
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the form is legally sufficient if it is properly completed, signed |
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by the decedent, and witnessed in the manner required by the form. |
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SECTION 2. 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, 2011. |
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* * * * * |