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A BILL TO BE ENTITLED
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AN ACT
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relating to the prohibited disposition of a decedent's remains by |
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certain persons; providing an administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the Justine Hosseini |
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Act. |
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SECTION 2. Section 711.002, Health and Safety Code, is |
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amended by amending Subsections (a) and (l) and adding Subsections |
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(m) and (n) to read as follows: |
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(a) Except as provided by Subsections [Subsection] (l) and |
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(m), unless a decedent has left directions in writing for the |
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disposition of the decedent's remains as provided in Subsection |
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(g), the following persons, in the priority listed, have the right |
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to control the disposition, including cremation, of the decedent's |
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remains, shall inter the remains, and in accordance with Subsection |
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(a-1) are liable for the reasonable cost of interment: |
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(1) the person designated in a written instrument |
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signed by the decedent; |
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(2) the decedent's surviving spouse; |
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(3) any one of the decedent's surviving adult |
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children; |
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(4) either one of the decedent's surviving parents; |
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(5) any one of the decedent's surviving adult |
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siblings; |
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(6) any one or more of the duly qualified executors or |
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administrators of the decedent's estate; or |
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(7) any adult person in the next degree of kinship in |
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the order named by law to inherit the estate of the decedent. |
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(l) A person listed in Subsection (a) may not control the |
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disposition of the decedent's remains if, in connection with the |
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decedent's death, an indictment has been filed charging the person |
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with an offense [a crime] under Chapter 19, Penal Code, that |
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involves family violence against the decedent. |
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(m) A person listed in Subsection (a), including the |
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decedent's surviving spouse, may not control the disposition of the |
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decedent's remains if, in connection with the decedent's death: |
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(1) the person has been detained or arrested on |
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suspicion of committing an offense under Title 5, Penal Code; or |
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(2) an indictment has been filed charging the person |
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with an offense under Title 5, Penal Code. |
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(n) A person regulated under Chapter 651, Occupations Code, |
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who knowingly allows a [the] person described by Subsection (l) or |
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(m) [charged with a crime] to control the disposition of the |
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decedent's remains in violation of Subsection (l) or (m), as |
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applicable, [this subsection] commits a prohibited practice under |
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Section 651.460, Occupations Code, and the Texas Funeral Service |
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Commission may take disciplinary action or assess an administrative |
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penalty against the regulated person under that chapter. |
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SECTION 3. Section 152.102(b), Estates Code, is amended to |
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read as follows: |
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(b) Subsection (a) applies: |
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(1) without regard to whether the decedent died |
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intestate or testate; |
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(2) regardless of whether the surviving spouse is |
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designated by the decedent's will as the executor of the decedent's |
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estate; and |
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(3) subject to the prohibitions [prohibition] |
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described by Sections [Section] 711.002(l) and (m), Health and |
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Safety Code. |
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SECTION 4. Section 651.460(a), Occupations Code, is amended |
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to read as follows: |
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(a) A person violates this chapter if the person: |
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(1) arranges for funeral services or merchandise and |
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fails to provide a customer with a purchase agreement as required by |
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Section 651.406; |
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(2) fails to retain and make available to the |
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commission, on request, copies of all price lists, written notices, |
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embalming documents, and memoranda of agreement required by this |
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chapter for two years after the date of distribution or signing; |
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(3) violates this chapter, a rule adopted under this |
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chapter, an order by the commission revoking, suspending, or |
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probating a license, an order assessing an administrative penalty, |
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or an agreement to pay an administrative penalty; |
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(4) allows the use of a dead human body by an embalming |
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establishment for research or educational purposes without |
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complying with Section 651.407; |
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(5) is associated with a funeral establishment, |
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whether as an employee, agent, subcontractor, assignee, owner, or |
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otherwise, and fails to comply with this chapter or a rule adopted |
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under this chapter; or |
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(6) knowingly violates Section 711.002(l) or (m), |
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Health and Safety Code. |
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SECTION 5. The changes in law made by this Act apply only to |
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the disposition of the remains of a decedent whose death occurs on |
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or after the effective date of this Act. The disposition of the |
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remains of a decedent whose death occurs before the effective date |
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of this Act is governed by the law in effect on the date of the |
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decedent's death, and the former law is continued in effect for that |
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purpose. |
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SECTION 6. This Act takes effect September 1, 2021. |