HBA-MPA, DMD H.B. 2301 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2301
By: Farabee
County Affairs
7/13/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, the cremation of a pauper was prohibited if
a relative or friend expressed objection to cremation.  However, if the
person objecting did not take financial responsibility for the ground
burial, which is more expensive than cremation, the county was required to
pay for burial.   

H.B. 2301 requires the commissioners court of each county to provide for
the disposition of the body of a deceased pauper and authorizes the
commissioners court to adopt necessary rules to implement this requirement.
This bill also deletes the provision which prohibits a pauper from being
cremated if a relative or friend objects. It requires the commissioners
court to consider any information provided by certain persons, including
the religious affiliation of the deceased. 

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 694.002, Health and Safety Code, as follows:

Sec. 694.002. New Title: DUTY OF COMMISSIONERS COURT CONCERNING DISPOSITION
OF BODY OF DECEASED PAUPERS. (a) Requires the commissioners court of each
county to provide for the disposition of the body of a deceased pauper,
rather than interment or cremation of paupers.  Authorizes the
commissioners court to adopt rules to implement this section.  Deletes the
provision which prohibits a pauper from being cremated if a relative or
friend expresses objection to this procedure. 

(b) Requires the commissioners court to consider any information, including
the religious affiliation of the deceased pauper, provided by a person
listed in Section 711.002(a) (Disposition of Remains; Duty to Inter). 

SECTION 2.Effective date: September 1, 1999.

SECTION 3.Emergency clause.