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


Office of House Bill AnalysisH.B. 2301
By: Farabee
County Affairs
3/12/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the cremation of a pauper is prohibited if a relative or friend
expresses objection to cremation.  However, if the person objecting does
not take financial responsibility for the ground burial, which is more
expensive than cremation, the county must 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. 

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.  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. 

SECTION 2.Effective date: September 1, 1999.

SECTION 3.Emergency clause.