Be It Enacted by the Legislature of the State of Texas s5

H.B. No. 1571

AN ACT relating to the name of a decedent on a grave marker. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 711.002, Health and Safety Code, is amended by amending Subsections (g) and (j) and adding Subsection (k) to read as follows: (g) A person may provide written directions for the disposition, including cremation, of the person's remains in a will, a prepaid funeral contract, or a written instrument signed and acknowledged by such person. The directions may govern the inscription to be placed on a grave marker attached to any plot in which the decedent had the right of sepulture at the time of death and in which plot the decedent is subsequently interred. The directions may be modified or revoked only by a subsequent writing signed and acknowledged by such person. The person otherwise entitled to control the disposition of a decedent's remains under this section shall faithfully carry out the directions of the decedent to the extent that the decedent's estate or the person controlling the disposition are financially able to do so. (j) In the absence of evidence of a contrary intent, it is presumed that a married woman directs that her name, as it appears on the grave marker for the plot in which she is interred, include the same last name she used at the time of her death. (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 of competent jurisdiction. 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. The change in law made by this Act applies only to a grave marker attached to a plot with respect to which a decedent interred in the plot died on or after January 1, 1998. SECTION 3. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted. ______President of the Senate Speaker of the House

I certify that H.B. No. 1571 was passed by the House on May 4, 1999, by the following vote: Yeas 144, Nays 0, 2 present, not voting; and that the House concurred in Senate amendments to H.B. No. 1571 on May 26, 1999, by a non-record vote.

______Chief Clerk of the House

I certify that H.B. No. 1571 was passed by the Senate, with amendments, on May 24, 1999, by the following vote: Yeas 30, Nays 0.

______

Secretary of the Senate

APPROVED: ______Date

______Governor