Funeral Home Mishandles Remains? Bill Caps Damages At 3x The Price

The text as introduced · 886 words

89R11963 AMF-F

By: Hayes
H.B. No. 4101

A BILL TO BE ENTITLED

AN ACT

relating to the liability of a funeral service provider for mental

anguish damages.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Title 4, Civil Practice and Remedies Code, is

amended by adding Chapter 77A to read as follows:

CHAPTER 77A. FUNERAL SERVICE PROVIDERS

Sec. 77A.001. DEFINITIONS. In this chapter:

(1) "Body or remains" means a human corpse or the body

parts of a human corpse.

(2) "Claimant" means a person described by Section

77A.002(a) who brings an action described by that section.

(3) "Funeral service" means a service performed by a

funeral service provider related to the care, preparation, and

disposition of a body or remains, including:

(A) retrieving, loading, and transporting the

body or remains;

(B) storing, embalming, dressing, casketing,

interring, or cremating the body or remains;

(C) arranging, supervising, and conducting a

funeral ceremony; and

(D) arranging, supervising, and implementing the

final disposition of the body or remains.

(4) "Funeral service provider" means a person engaged

in the business of providing funeral services. The term includes an

employee or contractor of the person engaged in the business of

providing funeral services, including an employee or contractor

used in the provision of a funeral service and who is:

(A) an embalmer;

(B) a crematory operator;

(C) a funeral director;

(D) a provisional license holder; or

(E) a transporter.

Sec. 77A.002. APPLICABILITY; EXCLUSIVE REMEDY. (a) This

chapter applies only to an action:

(1) brought by a person who has a special relationship

with a funeral service provider due to a claimant's right of

sepulcher, a right to possess a body or remains, a right to control

the disposition of a body or remains under Section 711.002(a),

Health and Safety Code, or another related right; and

(2) in which the person seeks to recover mental

anguish damages from a funeral service provider based on that

special relationship.

(b) A claimant may not pursue an action governed by this

chapter under any other law to obtain mental anguish damages from a

funeral service provider.

Sec. 77A.003. LIMITED LIABILITY FOR MENTAL ANGUISH DAMAGES.

(a) Except as provided by Subsection (b), a funeral service

provider is not liable to a claimant for mental anguish damages

unless the claimant proves:

(1) the funeral service provider mishandled a body or

remains;

(2) if the funeral service provider had acted in a

manner consistent with the common practice of reasonably prudent

funeral service providers, the mishandling of the body or remains

would not have occurred;

(3) as a result of the mishandling of the body or

remains and the close personal relationship between the claimant

and the decedent, the claimant experienced grievous or debilitating

angst, distress, torment, emotional suffering, or turmoil that

caused a substantial disruption in the claimant's daily routine;

and

(4) a reasonable person in the position of the funeral

service provider would have foreseen that the mishandling of the

body or remains would cause significant emotional harm to the

claimant.

(b) Except as provided by Subsection (c), mental anguish

damages that may be recovered from a funeral service provider by a

claimant in an action governed by this chapter are limited to the

lesser of:

(1) three times the amount paid to the funeral service

provider for funeral services for the decedent; or

(2) $50,000.

(c) A claimant may not recover mental anguish damages from a

funeral service provider in an action governed by this chapter if

the claimant seeks relief from the funeral service provider under

Subchapter E, Chapter 17, Business & Commerce Code.

Sec. 77A.004. JURY INSTRUCTIONS. In a trial to a jury for

an action governed by this chapter, the court shall provide the jury

a definition for mental anguish that conforms to Section

77A.003(a)(3) and instruct the jury regarding the requirements of

this chapter.

Sec. 77A.005. CONSTRUCTION OF CHAPTER. This chapter does

not:

(1) create a cause of action in favor of, or confer

standing to bring an action against a funeral service provider on,

any person; or

(2) limit a claimant's recovery of other forms of

economic or exemplary damages or apply to other actions, including

actions to recover damages for death or physical injury caused to

the claimant by negligence of a funeral service provider.

SECTION 2. Chapter 77A, Civil Practice and Remedies Code,

as added by this Act, is an exercise of authority under Section

66(c), Article III, Texas Constitution, and takes effect only if

this Act receives a vote of three-fifths of all the members elected

to each house, as provided by Subsection (e) of that section.

SECTION 3. Chapter 77A, Civil Practice and Remedies Code,

as added by this Act, applies only to an action commenced on or

after the effective date of this Act. An action commenced before

the effective date of this Act is governed by the law applicable to

the action immediately before the effective date of this Act, and

that law is continued in effect for that purpose.

SECTION 4. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.