Bill > HB4101

This bill creates a new chapter in the Texas Civil Practice and Remedies Code that establishes specific legal standards for mental anguish damages against funeral service providers. The bill defines funeral service providers broadly, including employees like embalmers, crematory operators, and funeral directors, and outlines a strict framework for when and how such providers can be held liable for mental anguish damages. To successfully sue, a claimant must prove the funeral service provider mishandled human remains, that the mishandling was outside common professional practices, that the mishandling caused significant emotional suffering disrupting the claimant's daily life, and that a reasonable professional would have foreseen the emotional harm. The bill caps mental anguish damages at either three times the cost of funeral services or $250,000, whichever is less. Importantly, the bill does not create a new cause of action or standing to sue, but provides a specific legal mechanism for existing claims related to funeral service providers' handling of human remains. The bill will only take effect if it receives a three-fifths majority vote in the Texas legislature and will apply only to actions commenced on or after its effective date.

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https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB4101