85R2918 LED-F
 
  By: Wray H.B. No. 994
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the disposition of remains and anatomical gifts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 692A.005(b), Health and Safety Code, is
  amended to read as follows:
         (b)  A donor or other person authorized to make an anatomical
  gift under Section 692A.004 may make a gift by a donor card or other
  record signed by the donor or other person making the gift or by
  authorizing that a statement or symbol indicating the donor has
  made an anatomical gift be included on a donor registry.  If the
  donor or other person is physically unable to sign a record, the
  record may be signed by another individual at the direction of the
  donor or other person and must:
               (1)  be witnessed by at least two adults, at least one
  of whom is a disinterested witness, who have signed at the request
  of the donor or the other person, or be acknowledged before a notary
  public; and
               (2)  state that the record has been signed and
  witnessed or acknowledged as provided in Subdivision (1).
         SECTION 2.  Section 692A.006(b), Health and Safety Code, is
  amended to read as follows:
         (b)  A record signed pursuant to Subsection (a)(1)(C) must:
               (1)  be witnessed by at least two adults, at least one
  of whom is a disinterested witness, who have signed at the request
  of the donor or the other person, or be acknowledged before a notary
  public; and
               (2)  state that the record has been signed and
  witnessed or acknowledged as provided in Subdivision (1).
         SECTION 3.  Section 692A.007(b), Health and Safety Code, is
  amended to read as follows:
         (b)  A record signed pursuant to Subsection (a)(1)(B) must:
               (1)  be witnessed by at least two adults, at least one
  of whom is a disinterested witness, who have signed at the request
  of the individual, or be acknowledged before a notary public; and
               (2)  state that the record has been signed and
  witnessed or acknowledged as provided in Subdivision (1).
         SECTION 4.  Sections 711.002(b) and (c), Health and Safety
  Code, are amended to read as follows:
         (b)  The written instrument referred to in Subsection (a)(1)
  may be in substantially the following form:
  APPOINTMENT FOR DISPOSITION OF REMAINS
         I, ,
     (your name and address)
  being of sound mind, willfully and voluntarily make known my desire
  that, upon my death, the disposition of my remains shall be
  controlled by
                                       (name of agent)
  in accordance with Section 711.002, [of the] Health and Safety
  Code, and, with respect to that subject only, I hereby appoint such
  person as my agent (attorney-in-fact).
         All decisions made by my agent with respect to the
  disposition of my remains, including cremation, shall be binding.
  SPECIAL DIRECTIONS:
         Set forth below are any special directions limiting the power
  granted to my agent:
 
 
 
 
 
  AGENT:
         Name:
         Address:
         Telephone Number:
  SUCCESSORS:
         If my agent or a successor agent dies, becomes legally
  disabled, resigns, or refuses to act, or if my marriage to [I
  divorce] my agent or successor agent is dissolved by divorce,
  annulled, or declared void before my death and this instrument does
  not state that the [divorced] agent or successor agent continues to
  serve after my marriage to [divorce from] that agent or successor
  agent is dissolved by divorce, annulled, or declared void, I hereby
  appoint the following persons (each to act alone and successively,
  in the order named) to serve as my agent (attorney-in-fact) to
  control the disposition of my remains as authorized by this
  document:
         1.  First Successor
         Name:
         Address:
         Telephone Number:
         2.  Second Successor
         Name:
         Address:
         Telephone Number:
  DURATION:
         This appointment becomes effective upon my death.
  PRIOR APPOINTMENTS REVOKED:
         I hereby revoke any prior appointment of any person to
  control the disposition of my remains.
  RELIANCE:
         I hereby agree that any cemetery organization, business
  operating a crematory or columbarium or both, funeral director or
  embalmer, or funeral establishment who receives a copy of this
  document may act under it.  Any modification or revocation of this
  document is not effective as to any such party until that party
  receives actual notice of the modification or revocation.  No such
  party shall be liable because of reliance on a copy of this
  document.
  ASSUMPTION:
         THE AGENT, AND EACH SUCCESSOR AGENT, BY ACCEPTING THIS
  APPOINTMENT, ASSUMES THE OBLIGATIONS PROVIDED IN, AND IS BOUND BY
  THE PROVISIONS OF, SECTION 711.002, [OF THE] HEALTH AND SAFETY
  CODE.
  SIGNATURES:
         This written instrument and my appointments of an agent and
  any successor agent in this instrument are valid without the
  signature of my agent and any successor agents below.  Each agent,
  or a successor agent, acting pursuant to this appointment must
  indicate acceptance of the appointment by signing below before
  acting as my agent.
         Signed this ________ day of _________________, 20___.
                                             
                                               (your signature)
  State of ____________________
  County of ___________________
         This document was acknowledged before me on ______ (date) by
  _____________________________ (name of principal).
  _________________________________
  (signature of notarial officer)
  (Seal, if any, of notary)
  _________________________________
  (printed name)
  My commission expires:
  _________________________________
  ACCEPTANCE AND ASSUMPTION BY AGENT:
         I have no knowledge of or any reason to believe this
  Appointment for Disposition of Remains has been revoked.  I hereby
  accept the appointment made in this instrument with the
  understanding that I will be individually liable for the reasonable
  cost of the decedent's interment, for which I may seek
  reimbursement from the decedent's estate.
         Acceptance of Appointment:
  (signature of agent)
         Date of Signature:
         Acceptance of Appointment:
  (signature of first successor)
         Date of Signature:
         Acceptance of Appointment:
  (signature of second successor)
         Date of Signature:
         (c)  A written instrument is legally sufficient under
  Subsection (a)(1) if the instrument designates a person to control
  the disposition of the decedent's remains, the instrument is signed
  by the decedent, the signature of the decedent is acknowledged, and
  the agent or successor agent signs the instrument before acting as
  the decedent's agent.  Unless the instrument provides otherwise,
  the designation of the decedent's spouse as an agent or successor
  agent in the instrument is revoked when the marriage of [on the
  divorce of] the decedent and the spouse appointed as an agent or
  successor agent is dissolved by divorce, annulled, or declared void
  before the decedent's death.  Such written instrument may be
  modified or revoked only by a subsequent written instrument that
  complies with this subsection.
         SECTION 5.  Chapter 692, Health and Safety Code, is
  repealed.
         SECTION 6.  Sections 692A.005, 692A.006, 692A.007, and
  711.002, Health and Safety Code, as amended by this Act, apply only
  to the validity of a document executed on or after the effective
  date of this Act. The validity of a document executed before the
  effective date of this Act is governed by the law in effect on the
  date the document was executed, and that law continues in effect for
  that purpose.
         SECTION 7.  (a) Except as otherwise provided in this
  section, the changes in law made by this Act apply to:
               (1)  a record described by Section 692A.005, 692A.006,
  or 692A.007, Health and Safety Code, as amended by this Act, or an
  instrument described by Section 711.002(a)(1), Health and Safety
  Code, created before, on, or after the effective date of this Act;
  and
               (2)  a judicial proceeding concerning a record or an
  instrument described by Subdivision (1) of this subsection that:
                     (A)  commences on or after the effective date of
  this Act; or
                     (B)  is pending on the effective date of this Act.
         (b)  If the court finds that application of a provision of
  this Act would substantially interfere with the effective conduct
  of a judicial proceeding concerning a record or an instrument
  described by Subsection (a)(1) of this section that is pending on
  the effective date of this Act or prejudice the rights of a party to
  the proceeding, the provision of this Act does not apply, and the
  law in effect immediately before the effective date of this Act
  applies in those circumstances.
         SECTION 8.  This Act takes effect September 1, 2017.