BILL ANALYSIS

 

 

 

S.B. 292

By: Nelson

Public Health

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Interested parties contend that the law regarding the waiting period for cremation needs to be amended in order to accommodate the religious beliefs of grieving families who wish to cremate loved ones as swiftly as possible. S.B. 292 seeks to address this issue.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

S.B. 292 amends the Health and Safety Code to require a justice of the peace or medical examiner's office authorized to grant a waiver of the waiting period before human remains  may be cremated to adopt a written policy for requesting such a waiver. The bill requires the justice of the peace or medical examiner's office, in adopting the written policy, to consider how a person makes a request and how the justice of the peace or medical examiner may process the request as quickly as possible. The bill requires the written policy to outline the process of making a request for such a waiver during regular business hours and outside of regular business hours, including on a weekend day or holiday.

 

EFFECTIVE DATE

 

On passage, or, if the bill does not receive the necessary vote, September 1, 2015.