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TX HB4101

Bill

Status

Introduced

3/7/2025

Primary Sponsor

Richard Hayes

Click for details

Origin

House of Representatives

89th Legislature Regular Session

AI Summary

  • Limits mental anguish damages recoverable from funeral service providers to the lesser of three times the amount paid for funeral services or $250,000

  • Requires claimants to prove four elements to recover damages: the provider mishandled the body or remains, the mishandling resulted from failure to follow standard practices, the claimant experienced grievous emotional suffering causing substantial disruption to daily routine, and a reasonable provider would have foreseen the emotional harm

  • Applies to persons with a "special relationship" to the funeral provider based on rights to possess, control disposition of, or bury a body (right of sepulcher)

  • Prohibits claimants from recovering mental anguish damages under this chapter if they also seek relief under the Texas Deceptive Trade Practices Act (Subchapter E, Chapter 17, Business & Commerce Code)

  • Does not create new causes of action or limit recovery of economic damages, exemplary damages, or damages for death or physical injury caused by funeral provider negligence

Legislative Description

Relating to the liability of a funeral service provider for mental anguish damages.

Civil Remedies & Liabilities

Last Action

Placed on General State Calendar

5/13/2025

Committee Referrals

Judiciary & Civil Jurisprudence3/27/2025

Full Bill Text

No bill text available