86R2886 LED-F
 
  By: Wray H.B. No. 2248
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the disposition and removal of a decedent's remains.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 711.002(b), (c), and (k), 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 [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.
         (k)  Any dispute among any of the persons listed in
  Subsection (a) concerning their right to control the disposition,
  including cremation, of a decedent's remains shall be resolved by a
  court with [of competent] jurisdiction over probate proceedings for
  the decedent, regardless of whether a probate proceeding has been
  initiated.  A cemetery organization or funeral establishment shall
  not be liable for refusing to accept the decedent's remains, or to
  inter or otherwise dispose of the decedent's remains, until it
  receives a court order or other suitable confirmation that the
  dispute has been resolved or settled.
         SECTION 2.  Section 711.004(c), Health and Safety Code, is
  amended to read as follows:
         (c)  If the consent required by Subsection (a) cannot be
  obtained, the remains may be removed by permission of a county
  [district] court of the county in which the cemetery is
  located.  Before the date of application to the court for
  permission to remove remains under this subsection, notice must be
  given to:
               (1)  the cemetery organization operating the cemetery
  in which the remains are interred or if the cemetery organization
  cannot be located or does not exist, the Texas Historical
  Commission;
               (2)  each person whose consent is required for removal
  of the remains under Subsection (a); and
               (3)  any other person that the court requires to be
  served.
         SECTION 3.  Section 711.002, Health and Safety Code, as
  amended by this Act, applies 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 4.  (a)  Except as otherwise provided in this
  section, the changes in law made by this Act apply to:
               (1)  an instrument described by Section 711.002(a)(1),
  Health and Safety Code, created before, on, or after the effective
  date of this Act;
               (2)  a judicial proceeding concerning 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;
  and
               (3)  an application to a court to remove remains under
  Section 711.004(c), Health and Safety Code, as amended by this Act,
  submitted on or after 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 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 5.  This Act takes effect September 1, 2019.