HBA-KMH H.B. 1571 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1571 By: Grusendorf Judicial Affairs 3/17/1999 Introduced BACKGROUND AND PURPOSE Current state law does not entitle a surviving spouse sole discretion in the matter of the styling of a grave marker if the interment is in a plot originally purchased by the deceased with a former spouse. H.B. 1571 authorizes a surviving spouse to direct that the name and status of the surviving spouse as husband or wife appear on the grave marker of the deceased spouse, except as otherwise provided by the deceased in a written document. This bill does not preclude the owner of rights in the plot or grave marker from determining other aspects of the style of the grave marker. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 714, Health and Safety Code, by adding Section 714.005, as follows: Sec. 714.005. NAME OF SURVIVING SPOUSE ON GRAVE MARKER. (a) Authorizes a surviving spouse to direct that the name and status of the surviving spouse as husband or wife appear on the grave marker of the deceased spouse. Applies this section only to a surviving spouse to whom the deceased spouse was married at death, and who pays at least 20 percent of the costs of interment of the deceased spouse, including any funeral costs other than the burial plot and grave marker. (b) Authorizes a person who owns the rights to the burial plot to specify the style of writing in which this information appears on the grave marker and may require that this information be included on the grave marker in an appropriate manner. (c) Applies this section without regard to who owns the rights to the burial plot or who pays for the burial plot or grave marker. (d) Makes this section inapplicable if the deceased spouse, in a written document, specifies what is to appear on the grave marker or specifies that a person other than the surviving spouse is to select or erect a grave marker. SECTION 2. Makes application of this Act prospective. SECTION 3. Emergency clause. Effective date: upon passage.