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A BILL TO BE ENTITLED
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AN ACT
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relating to jurisdiction over the removal of remains. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 711.004, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 711.004. REMOVAL OF REMAINS. (a) Remains interred in |
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a cemetery may be removed from a plot in the cemetery with the |
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written consent of the cemetery organization operating the cemetery |
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and the written consent of the current plot owner or owners and the |
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following persons, in the priority listed: |
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(1) the decedent's surviving spouse; |
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(2) the decedent's surviving adult children; |
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(3) the decedent's surviving parents; |
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(4) the decedent's adult siblings; or |
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(5) the adult person in the next degree of kinship in |
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the order named by law to inherit the estate of the decedent. |
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(b) A person listed in Subsection (a) may consent to the |
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removal only if there is no person in a priority listed before that |
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person. |
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(c) If the consent required by Subsection (a) cannot be |
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obtained, the remains may be removed by permission of the statutory |
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probate court of the county in which the cemetery is located, or, if |
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there is not a statutory probate court in that county, then in a |
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district court of the county in which the cemetery is located. |
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Before the date of application to the court for permission to remove |
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remains under this subsection, notice must be given to: |
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(1) the cemetery organization operating the cemetery |
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in which the remains are interred or if the cemetery organization |
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cannot be located or does not exist, the Texas Historical |
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Commission; |
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(2) each person whose consent is required for removal |
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of the remains under Subsection (a); and |
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(3) any other person that the court requires to be |
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served. |
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(d) For the purposes of Subsection (c) and except as |
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provided by this subsection or Subsection (k), personal notice must |
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be given not later than the 11th day before the date of application |
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to the court for permission to remove the remains, or notice by |
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certified or registered mail must be given not later than the 16th |
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day before the date of application. In an emergency circumstance |
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described by Subsection (l) that necessitates immediate removal of |
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remains from a plot, the court shall hear an application for |
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permission to remove remains under Subsection (c) not later than |
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the first business day after the application is made. In an |
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emergency circumstance described by this subsection, personal |
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notice may be given on the date the application is made. |
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(e) Subsections (a)-(d) and (k) do not apply to the removal |
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of remains: |
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(1) from one plot to another plot in the same cemetery, |
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if the cemetery: |
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(A) is a family, fraternal, or community cemetery |
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that is not larger than 10 acres; |
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(B) is owned or operated by an unincorporated |
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association of plot owners not operated for profit; |
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(C) is owned or operated by a church, a religious |
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society or denomination, or an entity solely administering the |
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temporalities of a church or religious society or denomination; or |
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(D) is a public cemetery owned by this state, a |
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county, or a municipality; |
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(2) by the cemetery organization from a plot for which |
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the purchase price is past due and unpaid, to another suitable |
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place; |
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(3) on the order of a court or person who conducts |
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inquests; or |
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(4) from a plot in a cemetery owned and operated by the |
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Veterans' Land Board. |
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(f) Except as is authorized for a justice of the peace |
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acting as coroner or medical examiner under Chapter 49, Code of |
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Criminal Procedure, remains may not be removed from a cemetery |
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except on the written order of the state registrar or the state |
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registrar's designee. The cemetery organization shall keep a |
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duplicate copy of the order as part of its records. The Texas |
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Funeral Service Commission may adopt rules to implement this |
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subsection. |
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(g) A person who removes remains from a cemetery shall keep |
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a record of the removal that includes: |
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(1) the date the remains are removed; |
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(2) the name and age at death of the decedent if those |
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facts can be conveniently obtained; |
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(3) the place to which the remains are removed; and |
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(4) the cemetery and plot from which the remains are |
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removed. |
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(h) If the remains are not reinterred, the person who |
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removes the remains shall: |
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(1) make and keep a record of the disposition of the |
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remains; and |
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(2) not later than the 30th day after the date the |
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remains are removed, provide notice by certified mail to the Texas |
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Funeral Service Commission and the Department of State Health |
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Services of the person's intent not to reinter the remains and the |
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reason the remains will not be reinterred. |
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(i) A person who removes remains from a cemetery shall give |
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the cemetery organization operating the cemetery a copy of the |
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record made as required by Subsections (g) and (h). |
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(j) A cemetery organization may remove remains from a plot |
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in the cemetery and transfer the remains to another plot in the same |
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cemetery without the written consent required under Subsection (a) |
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if the cemetery seeks consent by sending written notice by |
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certified mail, return receipt requested, to the last known address |
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of the current owner of the plot from which the remains are to be |
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removed or to the person designated under Subsection (a). The |
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notice must indicate that the remains will be removed, the reason |
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for the removal of the remains, and the proposed location of the |
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reinterment of the remains. The cemetery may transfer the remains |
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to another plot in accordance with this subsection if an objection |
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is not received in response to the notice before the 31st day after |
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the date the notice is sent. A cemetery may not remove remains |
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under this subsection for a fraudulent purpose or to allow the sale |
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of the plot in which the remains are located to another person. |
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(k) In an emergency circumstance described by Subsection |
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(l) that necessitates immediate removal of remains before the date |
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on which the court is required to hear an application for permission |
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to remove remains under Subsection (d), a cemetery organization may |
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remove remains from a plot in the cemetery and transfer the remains |
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to another plot in the same cemetery without the court hearing. A |
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cemetery association that removes remains under this subsection |
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shall send written notice of the removal by certified mail, return |
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receipt requested, to the last known address of the person |
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designated under Subsection (a) not later than the fifth day after |
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the date the remains are removed. The notice must indicate that the |
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remains were removed, the reason for the removal of the remains, and |
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the location of the reinterment of the remains. |
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(l) For purposes of Subsections (d) and (k), "emergency |
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circumstance" means: |
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(1) a natural disaster; or |
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(2) an error in the interment of remains. |