Bill Caption

Relating to the disposition and removal of a decedent's remains.

Fiscal Notes

No fiscal implication to the State is anticipated.

Bill Analysis

HB 2248 would would make updates to the written instrument a person may execute in advance to determine who will act as the agent responsible with making decisions regarding the the person's remains after death.

The bill also stipulates that unless a written instrument specifies otherwise, the designation of the deceased's surviving spouse as an agent or successor agent is automatically revoked when the marriage is dissolved by divorce, annulled, or declared void before the decedent's death. This is an expansion of current law which only extends the automatic revocation in the case of divorce. 

HB 2248 would also mandate that disputes regarding the disposition of remains be resolved by a court with jurisdiction over probate proceedings for the decedent, regardless of whether a probate proceedings has been initiated. Finally, HB 2248 would give a county court, rather than a district court, the authority to give consent for removal of remains under specific circumstances.

Vote Recommendation Notes

Texas Action is neutral on HB 2248 as it does not affect our liberty principles. This does seem like good public policy, however.