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A BILL TO BE ENTITLED
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AN ACT
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relating to the control by certain persons of the disposition of a |
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decedent's remains. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 711.002, Health and Safety Code, is |
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amended by amending Subsection (l) and adding Subsections (l-1) and |
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(l-2) to read as follows: |
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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: |
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(1) [,] in connection with the decedent's death, an |
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indictment has been filed charging the person with a crime under |
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Chapter 19, Penal Code, that involves family violence against the |
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decedent; |
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(2) the decedent was married to the person and the |
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decedent had filed a petition for dissolution of the marriage; or |
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(3) the decedent had filed an application for a |
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protective order against or with respect to the person under |
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Subchapter A, Chapter 7B, Code of Criminal Procedure, Article |
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17.292, Code of Criminal Procedure, Section 6.504, Family Code, or |
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Subtitle B, Title 4, Family Code, or an order has been issued |
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against or with respect to the person under one of those provisions. |
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(l-1) A person regulated under Chapter 651, Occupations |
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Code, who knowingly allows the person charged with a crime to |
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control the disposition of the decedent's remains in violation of |
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Subsection (l) [this subsection] commits a prohibited practice |
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under Section 651.460, Occupations Code, and the Texas Funeral |
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Service Commission may take disciplinary action or assess an |
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administrative penalty against the regulated person under that |
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chapter. |
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(l-2) A court with jurisdiction over probate proceedings |
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for a decedent described by Subsection (l) shall expedite the |
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proceedings to resolve any dispute over the right to control the |
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disposition of the decedent's remains among the persons listed in |
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Subsection (a) if the dispute involves the control of the remains by |
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a person who committed an act of family violence against the |
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decedent. |
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SECTION 2. This Act takes effect September 1, 2023. |