HBA-AMW, KDB H.B. 1459 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1459
By: Williams
Judicial Affairs
7/20/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, state law allowed the surviving spouse and
the surviving child or children of a deceased cemetery plot owner to convey
unused cemetery plots and only allowed the heirs-at-law to convey the
exclusive right to the plot if there was no surviving child of the owner.
Under state law, the children of a deceased child of the plot owner were
not allowed the same interment rights as the children of a surviving child
of the plot owner.  House Bill 1459 provides all heirs-at-law with the same
interment rights. 

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. 

ANALYSIS

House Bill 1459 amends the Health and Safety Code to remove provisions
authorizing the surviving spouse, if any, and the heirs-at-law of the plot
owner to convey the exclusive right of sepulture in an unused grave, niche,
or crypt of a plot in which the plot owner has been interred if there is no
surviving child of the owner. The bill authorizes the surviving spouse, if
any, and the heirs-at-law of the plot owner to convey the exclusive right
of sepulture whether or not there is a surviving child of the owner. 

EFFECTIVE DATE

September 1, 2001.