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Death And Decedents

Summaries

KP-0074
Ken Paxton

Section 202.052, Estates Code, citation by publication is required in all heirship proceedings to determine whether a decedent has any unknown heirs pursuant to|Section 202.052, Estates Code, citation by publication is required in all heirship proceedings to determine whether a decedent has any unknown heirs pursuant to

KP-0083
Ken Paxton

Transporting a body, a commissioners court is authorized to pay the cost of transporting a body to its final destination following an autopsy ordered by a justice of the peace only if a body is not claimed for burial or is to be buried at public expense, and if the Anatomical Board of the State of Texas does not require the body. Otherwise, the cost of transporting the body to its final destination is the responsibility of the person with the legal duty to inter the deceased, or that person's agent.

KP-0188
Ken Paxton

Forensic Science Commission's accreditation authority over postmortem toxicological analysis|Medical examiners and forensic pathologists

KP-0232
Ken Paxton

Prepaid funeral benefits contract as written directions for disposition of beneficiary's remains|Funeral provider’s inference from purchases made in prepaid funeral benefits contract does not satisfy statutory requirement for written directions

GA-0044
Greg Abbott

Cemetery, home-rule municipality authorized to operate

GA-0218
Greg Abbott

Remains of a deceased individual, chapter 716 of the Health and Safety Code permits a person authorized to dispose of to contract directly with a crematory

GA-0235
Greg Abbott

Land for burial of deceased paupers, authority of county to purchase and maintain|Burial of deceased paupers, authority of county to purchase and maintain land for|Deceased paupers, authority of county to purchase and maintain land for burial of

GA-0301
Greg Abbott

Paupers' remains, authority to provide for disposition of by cremation|Paupers' remains, commissioners court's authority to provide for disposition of by cremation|Cremation of paupers' remains, commissioners court's authority to provide for

GA-0310
Greg Abbott

Cremation authorization form, funeral establishment need not obtain, where decedent has designated in prepaid funeral contract that his remains shall be cremated|Funeral establishment need not obtain cremation authorization form where decedent has designated in prepaid funeral contract that his remains shall be cremated

GA-0448
Greg Abbott

Cemetery organization subject to section 711.034 of the Texas Health and Safety Code, an unincorporated family is not a|Cemetery organization

GA-0543
Greg Abbott

Duty to dispose of deceased paupers’ remains, a county may not dispose of an unidentified pauper’s remains by cremation\r\n|County’s duty to dispose of deceased paupers’ remains, a county may not dispose of an unidentified pauper’s remains by cremation\r\n

GA-0544
Greg Abbott

Tissue procurement organization's use of medical examiner's facility presumably has been determined by the Legislature to constitute a constitutional use of public funds|Tissue procurement organization, a county medical examiner may not seek reimbursement from organization for costs incurred when the medical examiner permits the organization to use the medical examiner's facility and resources

GA-0632
Greg Abbott

Slayer’s Rule or the constructive trust doctrine, a court would likely hold Probate Code section 41(e)(3) contravenes article I, section 21 of the Texas Constitution to the extent that it bars inheritance from a person’s own child under circumstances not within the \r\n|Probate Code section 41(e)(3) would likely be held by a court to contravene article I, section 21 of the Texas Constitution to the extent that it bars inheritance from a person’s own child if the person has been convicted, placed on community supervision, including deferred adjudication community supervision, under circumstances not within the Slayer’s Rule or the constructive trust doctrine|Attainder\r\n\r\n|Civil death\r\n\r\n|Slayer’s Rule\r\n

GA-0718
Greg Abbott

Death certificates, authority of justice of the peace or county court at law to cause an amendment to

GA-0720
Greg Abbott

Method of disposition for purchaser’s remains specified in a prepaid funeral contract may not be changed by holder of statutory durable power of attorney\r\n\r\n|Durable power of attorney under Probate Code chapter XII, holder of may cancel prepaid funeral contract but may not change method of disposition for principal’s remains specified in a prepaid funeral contract of which principal is purchaser and beneficiary|Prepaid funeral contract: Method of disposition for purchaser’s remains specified therein may not be changed by holder of statutory durable power of attorney

GA-0894
Greg Abbott

Real property, state university’s conveyance of by exchange for historical papers or rights of access to property or by outright gift, consistent with article III, sections 51 and of the Texas Constitution|Dedicated cemetery land and land abutting a cemetery, state university’s conveyance of by exchange for historical papers or rights of access to property or by outright gift, consistent with article III, section 51 and 52 of the Texas Constitution|Real property, state university’s conveyance of by exchange for historical papers or rights of access to property or by outright gift, consistent with article III, section 51 and 52 of the Texas Constitution

DM-0010
Dan Morales

Party's interest in joint account in financial institution, section 440 of Probate Code permits change in contractual terms of account only as to disposition following death | Joint account, section 440 of Probate Code does not allow one party to a joint account to unilaterally terminate the interest of the other party | Joint account, section 440 of Probate Code permits change in contractual terms of account only as to disposition of party's interest following death

DM-0061
Dan Morales

Death certificate that lists AIDS or HIV as cause of death, authority of Department of Health to release|Death certificate that lists AIDS or HIV as cause of death, authority of Department to release

DM-0146
Dan Morales

Birth and death records, statute and state regulations governing access to certain older documents prevail over Open Records Act and require local registrar to provide copies rather than originals and to charge a fee|Birth and death records, statute and state regulations governing access require local registrar to provide copies rather than originals and to charge a fee|Records, statute and state regulations governing access to death certificates over 25 years old prevail over Open Records Act and require local registrar to provide copies rather than originals and to charge a fee

JC-0059
John Cornyn

Embalming, authority to preclude embalmer from performing services for funeral home as an independent contractor|Embalming, authority to require funeral home to make disclosures regarding location and price|Embalming, authority to require funeral home to obtain written permission to have embalming performed by an independent contractor|Embalmer, authority to perform services for funeral home on the premises as an independent contractor|Funeral home, authority to designate off-site embalming facility|Funeral home, authority to retain a licensed embalmer as an independent contractor to embalm on the premises|Funeral Service Commission, authority to require funeral home to make disclosures regarding location and price of embalming and to obtain written permission to have embalming performed by an independent contractor

JC-0071
John Cornyn

Autopsy, county of decedent's residence may not contract to conduct or pay for if death occurred in neighboring county hospital|Autopsy, county of decedent's residence may not enter interlocal cooperation contract to conduct or pay for if death occurred in neighboring county hospital|Autopsy of resident who dies in neighboring county hospital, county of residence may not contract to conduct or pay for

JC-0083
John Cornyn

Inquest, county judge may not conduct|Inquest, no one but justice of the peace who serves precinct where the body was found (or temporary justice) may conduct

JC-0228
John Cornyn

Pauper's remains, county responsible to provide for disposition of even though decedent survived by a person listed in section 711.002(a) of the Health and Safety Code, in accordance with county rules|Deceased pauper's remains, county must provide for disposition of in accordance with county rules|Pauper's remains, county may adopt rules regarding disposition of and receipt of information from survivor|Pauper, county responsible to provide for disposition of remains of pauper even though decedent survived by a person listed in section 711.002(a) of the Health and Safety Code, in accordance with county rules|Agency of county, money received by may be put in special account in county depository if county commissioners court so orders|Seize assets, county may not seize assets from state of deceased pauper to cover costs of disposition of remains|Donations, county may receive as contribution toward disposition of deceased pauper's remains

JC-0235
John Cornyn

Disinterment, permit from the Texas Department of Health required to remove remains from a cemetery to another, offsite location or to disturb remains in an unknown or abandoned cemetery in order to construct improvements on the property|Cemeteries, property dedicated as a cemetery must be used as a cemetery unless and until the dedication is removed|Cemetery location, restrictions in section 711.008 of the Health and Safety Code do not apply to a cemetery established and used for interment prior to September 1, 1991

JC-0279
John Cornyn

Disposition of decedent's remains, modification of instructions in a preneed funeral services contract|Disposition of decedent's remains

JC-0329
John Cornyn

Commissioners court|Public purpose|County commissioner|County labor and equipment to open and close graves in a private cemetery, an individual county commissioner may not use|County labor and equipment, a commissioners court, acting on behalf of the county, may use solely for a public purpose|County labor and equipment, an individual county commissioner may not use to open and close graves in a private cemetery

JC-0355
John Cornyn

Cemetery, public access to|Cemetery dedicated under common law, effect of conveyance, application of chapter 711 of the Health and Safety Code

JC-0417
John Cornyn

Prepaid funeral benefits, regulation of certain aspects of prepaid funeral benefits may be applied to religious organizations

JC-0422
John Cornyn

Provisional autopsy report|Justice of the Peace, Act does not apply to records maintained by|Provisional autopsy report prepared in connection with inquest by justice of the peace is open to public inspection

JC-0477
John Cornyn

Cancellation of prepaid funeral benefits contracts, amendatory language of section 154.155 of Finance Code which entitles purchaser to refund of half the earnings generated by payments made applies only to trust-funded prepaid funeral benefits contracts a

JC-0505
John Cornyn

Casket|Funeral directing|Funeral merchandise|Casket constitutes funeral merchandise|Casket, sale of for imminent burial does not of itself constitute funeral directing

JC-0542
John Cornyn

Autopsy report in custody of justice of the peace is available for inspection under section 27.004 of the Government Code|Autopsy report in custody of justice of the peace is not excepted from disclosure to the public by section 49.15(a) or (d) of the Code of Criminal Procedure

JC-0583
John Cornyn

Cadavers may not be transferred to other states for use in medical education and research unless other state has promised Anatomical Board to reciprocate|Cadavers willed or otherwise donated to named institutions under chapter 691 of the Health and Safety Code are subject to distribution by Anatomical Board, while those donated under Anatomical Gift Act are not|Fees charged by institutions transferring cadavers to third parties, Anatomical Board is not authorized to regulate|Cadavers, Anatomical Board may not regulate fees charged by institutions transferring cadavers to third parties|Cadavers may not be transferred to other states for use in medical education and research unless other state has promised Board to reciprocate|Cadavers willed or otherwise donated to named institutions under chapter 691 of the Health and Safety Code are subject to distribution by Board, while those donated under Anatomical Gift Act are not|Cadavers, fees charged by institutions transferring cadavers to third party not subject to regulation by Board