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.