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A BILL TO BE ENTITLED
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AN ACT
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relating to the disposition and removal of a decedent's remains. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 711.002(b), (c), and (k), Health and |
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Safety Code, are amended to read as follows: |
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(b) The written instrument referred to in Subsection (a)(1) |
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may be in substantially the following form: |
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APPOINTMENT FOR DISPOSITION OF REMAINS |
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I, , |
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(your name and address) |
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being of sound mind, willfully and voluntarily make known my desire |
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that, upon my death, the disposition of my remains shall be |
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controlled by |
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(name of agent) |
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in accordance with Section 711.002, [of the] Health and Safety |
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Code, and, with respect to that subject only, I hereby appoint such |
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person as my agent (attorney-in-fact). |
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All decisions made by my agent with respect to the |
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disposition of my remains, including cremation, shall be binding. |
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SPECIAL DIRECTIONS: |
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Set forth below are any special directions limiting the power |
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granted to my agent: |
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AGENT: |
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Name: |
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Address: |
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Telephone Number: |
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SUCCESSORS: |
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If my agent or a successor agent dies, becomes legally |
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disabled, resigns, or refuses to act, or if my marriage to [I
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divorce] my agent or successor agent is dissolved by divorce, |
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annulled, or declared void before my death and this instrument does |
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not state that the [divorced] agent or successor agent continues to |
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serve after my marriage to [divorce from] that agent or successor |
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agent is dissolved by divorce, annulled, or declared void, I hereby |
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appoint the following persons (each to act alone and successively, |
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in the order named) to serve as my agent (attorney-in-fact) to |
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control the disposition of my remains as authorized by this |
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document: |
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1. First Successor |
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Name: |
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Address: |
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Telephone Number: |
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2. Second Successor |
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Name: |
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Address: |
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Telephone Number: |
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DURATION: |
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This appointment becomes effective upon my death. |
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PRIOR APPOINTMENTS REVOKED: |
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I hereby revoke any prior appointment of any person to |
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control the disposition of my remains. |
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RELIANCE: |
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I hereby agree that any cemetery organization, business |
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operating a crematory or columbarium or both, funeral director or |
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embalmer, or funeral establishment who receives a copy of this |
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document may act under it. Any modification or revocation of this |
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document is not effective as to any such party until that party |
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receives actual notice of the modification or revocation. No such |
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party shall be liable because of reliance on a copy of this |
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document. |
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ASSUMPTION: |
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THE AGENT, AND EACH SUCCESSOR AGENT, BY ACCEPTING THIS |
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APPOINTMENT, ASSUMES THE OBLIGATIONS PROVIDED IN, AND IS BOUND BY |
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THE PROVISIONS OF, SECTION 711.002, [OF THE] HEALTH AND SAFETY |
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CODE. |
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SIGNATURES: |
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This written instrument and my appointments of an agent and |
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any successor agent in this instrument are valid without the |
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signature of my agent and any successor agents below. Each agent, |
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or a successor agent, acting pursuant to this appointment must |
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indicate acceptance of the appointment by signing below before |
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acting as my agent. |
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Signed this ________ day of _________________, 20___. |
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(your signature) |
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State of ____________________ |
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County of ___________________ |
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This document was acknowledged before me on ______ (date) by |
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_____________________________ (name of principal). |
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_________________________________ |
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(signature of notarial officer) |
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(Seal, if any, of notary) |
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_________________________________ |
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(printed name) |
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My commission expires: |
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_________________________________ |
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ACCEPTANCE AND ASSUMPTION BY AGENT: |
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I have no knowledge of or any reason to believe this |
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Appointment for Disposition of Remains has been revoked. I hereby |
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accept the appointment made in this instrument with the |
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understanding that I will be individually liable for the reasonable |
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cost of the decedent's interment, for which I may seek |
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reimbursement from the decedent's estate. |
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Acceptance of Appointment: |
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(signature of agent) |
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Date of Signature: |
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Acceptance of Appointment: |
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(signature of first successor) |
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Date of Signature: |
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Acceptance of Appointment: |
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(signature of second successor) |
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Date of Signature: |
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(c) A written instrument is legally sufficient under |
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Subsection (a)(1) if the instrument designates a person to control |
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the disposition of the decedent's remains, the instrument is signed |
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by the decedent, the signature of the decedent is acknowledged, and |
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the agent or successor agent signs the instrument before acting as |
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the decedent's agent. Unless the instrument provides otherwise, |
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the designation of the decedent's spouse as an agent or successor |
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agent in the instrument is revoked when the marriage [on the
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divorce] of the decedent and the spouse appointed as an agent or |
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successor agent is dissolved by divorce, annulled, or declared void |
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before the decedent's death. Such written instrument may be |
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modified or revoked only by a subsequent written instrument that |
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complies with this subsection. |
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(k) Any dispute among any of the persons listed in |
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Subsection (a) concerning their right to control the disposition, |
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including cremation, of a decedent's remains shall be resolved by a |
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court with [of competent] jurisdiction over probate proceedings for |
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the decedent, regardless of whether a probate proceeding has been |
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initiated. A cemetery organization or funeral establishment shall |
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not be liable for refusing to accept the decedent's remains, or to |
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inter or otherwise dispose of the decedent's remains, until it |
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receives a court order or other suitable confirmation that the |
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dispute has been resolved or settled. |
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SECTION 2. Section 711.004(c), Health and Safety Code, is |
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amended to read as follows: |
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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 a county |
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[district] court of the county in which the cemetery is |
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located. Before the date of application to the court for |
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permission to remove remains under this subsection, notice must be |
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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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SECTION 3. Section 711.002, Health and Safety Code, as |
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amended by this Act, applies only to the validity of a document |
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executed on or after the effective date of this Act. The validity |
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of a document executed before the effective date of this Act is |
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governed by the law in effect on the date the document was executed, |
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and that law continues in effect for that purpose. |
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SECTION 4. (a) Except as otherwise provided in this |
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section, the changes in law made by this Act apply to: |
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(1) an instrument described by Section 711.002(a)(1), |
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Health and Safety Code, created before, on, or after the effective |
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date of this Act; |
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(2) a judicial proceeding concerning an instrument |
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described by Subdivision (1) of this subsection that: |
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(A) commences on or after the effective date of |
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this Act; or |
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(B) is pending on the effective date of this Act; |
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and |
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(3) an application to a court to remove remains under |
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Section 711.004(c), Health and Safety Code, as amended by this Act, |
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submitted on or after the effective date of this Act. |
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(b) If the court finds that application of a provision of |
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this Act would substantially interfere with the effective conduct |
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of a judicial proceeding concerning an instrument described by |
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Subsection (a)(1) of this section that is pending on the effective |
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date of this Act or prejudice the rights of a party to the |
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proceeding, the provision of this Act does not apply, and the law in |
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effect immediately before the effective date of this Act applies in |
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those circumstances. |
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SECTION 5. This Act takes effect September 1, 2019. |