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A BILL TO BE ENTITLED
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AN ACT
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relating to the liability of a funeral service provider for mental |
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anguish damages. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 77A to read as follows: |
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CHAPTER 77A. FUNERAL SERVICE PROVIDERS |
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Sec. 77A.001. DEFINITIONS. In this chapter: |
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(1) "Body or remains" means a human corpse or the body |
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parts of a human corpse. |
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(2) "Claimant" means a person described by Section |
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77A.002(a) who brings an action described by that section. |
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(3) "Funeral service" means a service performed by a |
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funeral service provider related to the care, preparation, and |
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disposition of a body or remains, including: |
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(A) retrieving, loading, and transporting the |
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body or remains; |
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(B) storing, embalming, dressing, casketing, |
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interring, or cremating the body or remains; |
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(C) arranging, supervising, and conducting a |
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funeral ceremony; and |
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(D) arranging, supervising, and implementing the |
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final disposition of the body or remains. |
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(4) "Funeral service provider" means a person engaged |
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in the business of providing funeral services. The term includes an |
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employee or contractor of the person engaged in the business of |
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providing funeral services, including an employee or contractor |
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used in the provision of a funeral service and who is: |
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(A) an embalmer; |
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(B) a crematory operator; |
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(C) a funeral director; |
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(D) a provisional license holder; or |
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(E) a transporter. |
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Sec. 77A.002. APPLICABILITY; EXCLUSIVE REMEDY. (a) This |
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chapter applies only to an action: |
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(1) brought by a person who has a special relationship |
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with a funeral service provider due to a claimant's right of |
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sepulcher, a right to possess a body or remains, a right to control |
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the disposition of a body or remains under Section 711.002(a), |
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Health and Safety Code, or another related right; and |
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(2) in which the person seeks to recover mental |
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anguish damages from a funeral service provider based on that |
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special relationship. |
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(b) A claimant may not pursue an action governed by this |
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chapter under any other law to obtain mental anguish damages from a |
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funeral service provider. |
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Sec. 77A.003. LIMITED LIABILITY FOR MENTAL ANGUISH DAMAGES. |
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(a) Except as provided by Subsection (b), a funeral service |
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provider is not liable to a claimant for mental anguish damages |
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unless the claimant proves: |
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(1) the funeral service provider mishandled a body or |
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remains; |
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(2) if the funeral service provider had acted in a |
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manner consistent with the common practice of reasonably prudent |
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funeral service providers, the mishandling of the body or remains |
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would not have occurred; |
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(3) as a result of the mishandling of the body or |
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remains and the close personal relationship between the claimant |
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and the decedent, the claimant experienced grievous or debilitating |
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angst, distress, torment, emotional suffering, or turmoil that |
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caused a substantial disruption in the claimant's daily routine; |
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and |
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(4) a reasonable person in the position of the funeral |
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service provider would have foreseen that the mishandling of the |
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body or remains would cause significant emotional harm to the |
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claimant. |
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(b) Except as provided by Subsection (c), mental anguish |
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damages that may be recovered from a funeral service provider by a |
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claimant in an action governed by this chapter are limited to the |
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lesser of: |
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(1) three times the amount paid to the funeral service |
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provider for funeral services for the decedent; or |
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(2) $50,000. |
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(c) A claimant may not recover mental anguish damages from a |
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funeral service provider in an action governed by this chapter if |
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the claimant seeks relief from the funeral service provider under |
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Subchapter E, Chapter 17, Business & Commerce Code. |
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Sec. 77A.004. JURY INSTRUCTIONS. In a trial to a jury for |
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an action governed by this chapter, the court shall provide the jury |
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a definition for mental anguish that conforms to Section |
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77A.003(a)(3) and instruct the jury regarding the requirements of |
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this chapter. |
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Sec. 77A.005. CONSTRUCTION OF CHAPTER. This chapter does |
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not: |
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(1) create a cause of action in favor of, or confer |
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standing to bring an action against a funeral service provider on, |
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any person; or |
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(2) limit a claimant's recovery of other forms of |
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economic or exemplary damages or apply to other actions, including |
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actions to recover damages for death or physical injury caused to |
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the claimant by negligence of a funeral service provider. |
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SECTION 2. Chapter 77A, Civil Practice and Remedies Code, |
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as added by this Act, is an exercise of authority under Section |
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66(c), Article III, Texas Constitution, and takes effect only if |
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this Act receives a vote of three-fifths of all the members elected |
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to each house, as provided by Subsection (e) of that section. |
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SECTION 3. Chapter 77A, Civil Practice and Remedies Code, |
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as added by this Act, applies only to an action commenced on or |
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after the effective date of this Act. An action commenced before |
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the effective date of this Act is governed by the law applicable to |
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the action immediately before the effective date of this Act, and |
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that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |