HBA-KMH C.S.H.B. 1571 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1571 By: Grusendorf Judicial Affairs 4/19/1999 Committee Report (Substituted) 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. C.S.H.B. 1571 authorizes directions signed by a decedent to govern the name placed on the decedent's grave marker. This bill also provides a presumption that a married woman wants her grave marker to reflect her married name, if she is still using it. 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 Section 711.002, Health and Safety Code, by amending Subsections (g) and (j) and adding Subsection (k), to authorize the directions provided by a person authorized to provide them by signed written contact of the deceased to govern the inscription to be placed on a grave marker attached to any plot in which the decedent had the right of sepulture at the time of death and in which plot the decedent is subsequently interred. Provides a presumption that a married woman directs that her name, as it appears on the grave marker for the plot in which she is interred, include the same last name she used at the time of death. SECTION 2. Emergency clause. Effective date: upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 1571 modifies the original in SECTION 1 by amending Section 711.002, Health and Safety Code, rather than adding new Section 714.005 (Name of Surviving Spouse on Grave Marker) which granted certain rights to surviving spouses in regards to placing the surviving spouse's name on the grave marker. The substitute authorizes directions written and signed by the decedent to govern the inscription on the grave marker and provides a presumption that a married woman directs that her name, as it appears on the grave marker for the plot in which she is interred, include the same last name she used at the time of death. C.S.H.B. 1571 modifies the original by deleting SECTION 2 (prospective clause), and redesignating SECTION 3 of the original to SECTION 2.