85R2918 LED-F     By: Wray H.B. No. 994       A BILL TO BE ENTITLED   AN ACT   relating to the disposition of remains and anatomical gifts.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 692A.005(b), Health and Safety Code, is   amended to read as follows:          (b)  A donor or other person authorized to make an anatomical   gift under Section 692A.004 may make a gift by a donor card or other   record signed by the donor or other person making the gift or by   authorizing that a statement or symbol indicating the donor has   made an anatomical gift be included on a donor registry.  If the   donor or other person is physically unable to sign a record, the   record may be signed by another individual at the direction of the   donor or other person and must:                (1)  be witnessed by at least two adults, at least one   of whom is a disinterested witness, who have signed at the request   of the donor or the other person, or be acknowledged before a notary   public; and                (2)  state that the record has been signed and   witnessed or acknowledged as provided in Subdivision (1).          SECTION 2.  Section 692A.006(b), Health and Safety Code, is   amended to read as follows:          (b)  A record signed pursuant to Subsection (a)(1)(C) must:                (1)  be witnessed by at least two adults, at least one   of whom is a disinterested witness, who have signed at the request   of the donor or the other person, or be acknowledged before a notary   public; and                (2)  state that the record has been signed and   witnessed or acknowledged as provided in Subdivision (1).          SECTION 3.  Section 692A.007(b), Health and Safety Code, is   amended to read as follows:          (b)  A record signed pursuant to Subsection (a)(1)(B) must:                (1)  be witnessed by at least two adults, at least one   of whom is a disinterested witness, who have signed at the request   of the individual, or be acknowledged before a notary public; and                (2)  state that the record has been signed and   witnessed or acknowledged as provided in Subdivision (1).          SECTION 4.  Sections 711.002(b) and (c), Health and Safety   Code, are amended to read as follows:          (b)  The written instrument referred to in Subsection (a)(1)   may be in substantially the following form:   APPOINTMENT FOR 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:   SUCCESSORS:          If my agent or a successor agent dies, becomes legally   disabled, resigns, or refuses to act, or if my marriage to [I   divorce] my agent or successor agent is dissolved by divorce,   annulled, or declared void before my death and this instrument does   not state that the [divorced] agent or successor agent continues to   serve after my marriage to [divorce from] that agent or successor   agent is dissolved by divorce, annulled, or declared void, 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:          2.  Second Successor          Name:          Address:          Telephone Number:   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___.                                                                                              (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 when the marriage of [on the   divorce of] the decedent and the spouse appointed as an agent or   successor agent is dissolved by divorce, annulled, or declared void   before the decedent's death.  Such written instrument may be   modified or revoked only by a subsequent written instrument that   complies with this subsection.          SECTION 5.  Chapter 692, Health and Safety Code, is   repealed.          SECTION 6.  Sections 692A.005, 692A.006, 692A.007, and   711.002, Health and Safety Code, as amended by this Act, apply 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 7.  (a) Except as otherwise provided in this   section, the changes in law made by this Act apply to:                (1)  a record described by Section 692A.005, 692A.006,   or 692A.007, Health and Safety Code, as amended by this Act, or an   instrument described by Section 711.002(a)(1), Health and Safety   Code, created before, on, or after the effective date of this Act;   and                (2)  a judicial proceeding concerning a record or an   instrument described by Subdivision (1) of this subsection 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 a record or an instrument   described by Subsection (a)(1) of this section 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 8.  This Act takes effect September 1, 2017.