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A BILL TO BE ENTITLED
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AN ACT
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relating to the disposition of unclaimed cremated remains of |
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certain veterans. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 8, Health and Safety Code, is |
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amended by adding Chapter 696 to read as follows: |
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CHAPTER 696. DISPOSITION OF UNCLAIMED CREMATED REMAINS |
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Sec. 696.001. DEFINITIONS. In this chapter: |
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(1) "Verification information" means data required by |
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the United States Department of Veterans Affairs to verify whether |
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a person is a veteran or a veteran's dependent eligible for burial |
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in a veterans cemetery, including a copy of the person's death |
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certificate and the person's name, service number, social security |
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number, date of birth, date of death, and place of birth. |
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(2) "Veterans' service organization" means: |
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(A) a veterans' organization that is chartered by |
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the United States Congress; |
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(B) a veterans' service organization recognized |
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by the United States Department of Veterans Affairs; or |
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(C) a veterans' service organization that is |
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organized for verifying whether a person is a veteran or a veteran's |
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dependent and providing for interment of veterans and their |
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dependents and that is exempt from the payment of federal income |
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taxes under Section 501(c) of the Internal Revenue Code of 1986 by |
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being listed as an exempt organization under Section 501(c)(3) or |
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501(c)(19) of that code. |
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Sec. 696.002. APPLICABILITY. This chapter applies to any |
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person who possesses unclaimed cremated remains, including a |
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funeral establishment or funeral director licensed under Chapter |
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651, Occupations Code, a coroner, or a crematory. |
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Sec. 696.003. AUTHORIZATION TO RELEASE INFORMATION. A |
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person who possesses unclaimed cremated remains may release to the |
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United States Department of Veterans Affairs or a veterans' service |
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organization verification information associated with the remains |
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to verify whether the remains are the remains of a person who was a |
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veteran or a veteran's dependent eligible to be interred in a |
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veterans cemetery if: |
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(1) the person has possessed the cremated remains for |
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at least five years; |
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(2) the person authorized to dispose of the decedent's |
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remains under Section 711.002 has not claimed the cremated remains; |
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and |
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(3) the person made a reasonable effort to locate a |
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relative of the decedent to claim the remains, including publishing |
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notice in a newspaper of general circulation in the county in which |
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the person is located, and more than 30 days have passed since the |
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person first made an effort to locate a relative of the decedent. |
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Sec. 696.004. TRANSFER OF UNCLAIMED CREMATED REMAINS. A |
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person who receives notice from the United States Department of |
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Veterans Affairs or a veterans' service organization that the |
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unclaimed cremated remains are the remains of a veteran or |
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veteran's dependent eligible to be interred in a veterans cemetery |
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may: |
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(1) transport the cremated remains to the veterans |
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cemetery for burial; or |
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(2) transfer the cremated remains to a veterans' |
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service organization that will ensure that the cremated remains are |
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interred in a veterans cemetery. |
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Sec. 696.005. CIVIL IMMUNITY. (a) A person who releases |
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verification information as authorized by this chapter or who |
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transfers cremated remains to a veterans' service organization or a |
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veterans cemetery as authorized by this chapter is immune from |
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civil liability for damages resulting from the release or transfer. |
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(b) A veterans' service organization that inters cremated |
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remains in a veterans cemetery as authorized by this chapter is |
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immune from civil liability for damages arising from the interment. |
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SECTION 2. Subchapter I, Chapter 651, Occupations Code, is |
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amended by adding Section 651.410 to read as follows: |
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Sec. 651.410. AUTHORIZED RELEASE OF INFORMATION. Nothing |
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in this chapter prohibits a funeral director or establishment from |
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releasing information under Chapter 696, Health and Safety Code. |
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SECTION 3. This Act takes effect September 1, 2013. |