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