By: Flynn, et al. (Senate Sponsor - Van de Putte) H.B. No. 74

(In the Senate - Received from the House March 31, 2011; April 4, 2011, read first time and referred to Committee on Veteran Affairs and Military Installations; April 12, 2011, reported adversely, with favorable Committee Substitute by the following vote: Yeas 5, Nays 0; April 12, 2011, sent to printer.)

COMMITTEE SUBSTITUTE FOR H.B. No. 74 By: Van de Putte

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) If a United States Department of Defense Record of Emergency Data, DD Form 93, or a successor form, was 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), the DD Form 93 controls over any other written instrument described by Subsection (a)(1) or (g) with respect to designating a person to control the disposition of the decedent's remains. Notwithstanding Subsections (b) and (c), the form is legally sufficient if it is properly completed, signed by the decedent, and witnessed in the manner required by the form.

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.

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