H.B. No. 3070
 
 
 
 
AN ACT
  relating to the disposition of remains.
         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 (a), (b), (c), and (g) and adding
  Subsection (a-3) to read as follows:
         (a)  Except as provided by Subsection (l), unless a decedent
  has left directions in writing for the disposition of the
  decedent's remains as provided in Subsection (g), the following
  persons, in the priority listed, have the right to control the
  disposition, including cremation, of the decedent's remains, shall
  inter the remains, and in accordance with Subsection (a-1) are
  liable for the reasonable cost of interment:
               (1)  the person designated in a written instrument
  signed by the decedent;
               (2)  the decedent's surviving spouse;
               (3)  any one of the decedent's surviving adult
  children;
               (4)  either one of the decedent's surviving parents;
               (5)  any one of the decedent's surviving adult
  siblings; [or]
               (6)  any one or more of the duly qualified executors or
  administrators of the decedent's estate; or
               (7)  any adult person in the next degree of kinship in
  the order named by law to inherit the estate of the decedent.
         (a-3)  A person exercising the right to control the
  disposition of remains under Subsection (a), other than a duly
  qualified executor or administrator of the decedent's estate, is
  liable for the reasonable cost of interment and may seek
  reimbursement for that cost from the decedent's estate. When an
  executor or administrator exercises the right to control the
  disposition of remains under Subsection (a)(6), the decedent's
  estate is liable for the reasonable cost of interment, and the
  executor or administrator is not individually liable for that cost.
         (b)  The written instrument referred to in Subsection (a)(1)
  may [shall] be in substantially the following form:
  APPOINTMENT FOR [OF AGENT TO CONTROL] DISPOSITION OF REMAINS
         I, ,
     (your name and address)
  being of sound mind, willfully and voluntarily make known my desire
  that, upon my death, the disposition of my remains shall be
  controlled by 
                                       (name of agent)
  in accordance with Section 711.002 of the Health and Safety Code
  and, with respect to that subject only, I hereby appoint such person
  as my agent (attorney-in-fact).
         All decisions made by my agent with respect to the
  disposition of my remains, including cremation, shall be binding.
  SPECIAL DIRECTIONS:
         Set forth below are any special directions limiting the power
  granted to my agent:
 
 
 
 
 
  AGENT:
         Name: 
         Address: 
         Telephone Number: 
         [Acceptance of Appointment: 
                           [(signature of agent)
         [Date of Signature: ]
  SUCCESSORS:
         If my agent or a successor agent dies, becomes legally
  disabled, resigns, or refuses to act, or if I divorce my agent or
  successor agent and this instrument does not state that the
  divorced agent or successor agent continues to serve after my
  divorce from that agent or successor agent, I hereby appoint the
  following persons (each to act alone and successively, in the order
  named) to serve as my agent (attorney-in-fact) to control the
  disposition of my remains as authorized by this document:
         1.  First Successor
         Name: 
         Address: 
         Telephone Number: 
         [Acceptance of Appointment: 
                           [(signature of first successor)
         [Date of Signature: ]
         2.  Second Successor
         Name: 
         Address: 
         Telephone Number: 
         [Acceptance of Appointment: 
                           [(signature of second successor)
         [Date of Signature: ]
  DURATION:
         This appointment becomes effective upon my death.
  PRIOR APPOINTMENTS REVOKED:
         I hereby revoke any prior appointment of any person to
  control the disposition of my remains.
  RELIANCE:
         I hereby agree that any cemetery organization, business
  operating a crematory or columbarium or both, funeral director or
  embalmer, or funeral establishment who receives a copy of this
  document may act under it. Any modification or revocation of this
  document is not effective as to any such party until that party
  receives actual notice of the modification or revocation. No such
  party shall be liable because of reliance on a copy of this
  document.
  ASSUMPTION:
         THE AGENT, AND EACH SUCCESSOR AGENT, BY ACCEPTING THIS
  APPOINTMENT, ASSUMES THE OBLIGATIONS PROVIDED IN, AND IS BOUND BY
  THE PROVISIONS OF, SECTION 711.002 OF THE HEALTH AND SAFETY CODE.
  SIGNATURES:
         This written instrument and my appointments of an agent and
  any successor agent in this instrument are valid without the
  signature of my agent and any successor agents below. Each agent,
  or a successor agent, acting pursuant to this appointment must
  indicate acceptance of the appointment by signing below before
  acting as my agent.
         Signed this ________ day of _________________, 20 [19]___.
                                             
                                               (your signature)
  State of ____________________
  County of ___________________
         This document was acknowledged before me on ______ (date) by
  _____________________________ (name of principal).
  _________________________________
  (signature of notarial officer)
  (Seal, if any, of notary)
  _________________________________
  (printed name)
  My commission expires:
  _________________________________
  ACCEPTANCE AND ASSUMPTION BY AGENT:
         I have no knowledge of or any reason to believe this
  Appointment for Disposition of Remains has been revoked. I hereby
  accept the appointment made in this instrument with the
  understanding that I will be individually liable for the reasonable
  cost of the decedent's interment, for which I may seek
  reimbursement from the decedent's estate.
         Acceptance of Appointment:
  (signature of agent)
         Date of Signature:
         Acceptance of Appointment:
  (signature of first successor)
         Date of Signature:
         Acceptance of Appointment:
  (signature of second successor)
         Date of Signature:
         (c)  A written instrument is legally sufficient under
  Subsection (a)(1) if the instrument designates a person to control
  the disposition of the decedent's remains, the instrument is signed
  by the decedent, the signature of the decedent is acknowledged, and
  the agent or successor agent signs the instrument before acting as
  the decedent's agent. Unless the instrument provides otherwise,
  the designation of the decedent's spouse as an agent or successor
  agent in the instrument is revoked on the divorce of the decedent
  and the spouse appointed as an agent or successor agent [wording of
  the instrument complies substantially with Subsection (b), the
  instrument is properly completed, the instrument is signed by the
  decedent, the agent, and each successor agent, and the signature of
  the decedent is acknowledged]. Such written instrument may be
  modified or revoked only by a subsequent written instrument that
  complies with this subsection.
         (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. A party to the prepaid funeral
  contract or a written contract providing for all or some of a
  decedent's funeral arrangements who fails to honor the contract is
  liable for the additional expenses incurred in the disposition of
  the decedent's remains as a result of the breach of contract. 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.
         SECTION 2.  Section 711.002, Health and Safety Code, as
  amended by this Act, applies only to the validity of a document
  executed on or after the effective date of this Act. The validity
  of a document executed before the effective date of this Act is
  governed by the law in effect on the date the document was executed,
  and that law continues in effect for that purpose.
         SECTION 3.  (a) Except as otherwise provided in this
  section, the changes in law made by this Act apply to:
               (1)  an instrument described by Section 711.002(a)(1),
  Health and Safety Code, as amended by this Act, created before, on,
  or after the effective date of this Act; and
               (2)  a judicial proceeding concerning an instrument
  described by Section 711.002(a)(1), Health and Safety Code, as
  amended by this Act, that:
                     (A)  commences on or after the effective date of
  this Act; or
                     (B)  is pending on the effective date of this Act.
         (b)  If the court finds that application of a provision of
  this Act would substantially interfere with the effective conduct
  of a judicial proceeding concerning an instrument described by
  Section 711.002(a)(1), Health and Safety Code, as amended by this
  Act, that is pending on the effective date of this Act or prejudice
  the rights of a party to the proceeding, the provision of this Act
  does not apply, and the law in effect immediately before the
  effective date of this Act applies in those circumstances.
         SECTION 4.  This Act takes effect September 1, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3070 was passed by the House on May 8,
  2015, by the following vote:  Yeas 142, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3070 was passed by the Senate on May
  27, 2015, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor