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Committee weighs limits on mental‑anguish claims against funeral providers; industry says lawsuits threaten small operators
Summary
The committee considered a substitute to Senate Bill 20,27 that would set statutory standards and a cap (in the substitute, increased to $250,000) for mental‑anguish claims arising from funeral service providers’ handling of human remains.
Senator Campbell explained a committee substitute to Senate Bill 20,27 that would amend the Civil Practice and Remedies Code to set standards and reasonable limitations for mental‑anguish claims related to the handling of human remains by funeral service providers. The substitute increased the statutory cap discussed in the draft from $50,000 to $250,000 and narrowed the covered claims to those meeting a heightened mental‑anguish standard, while preserving other legal remedies.
Funeral‑industry witnesses — including long‑time local funeral directors and trade organizations — urged the committee to adopt the measure to protect small, community funeral homes. Lee Parsley of Texas for Lawsuit Reform said litigation tied to a Texas Supreme Court decision (Nelson v. SCI) had created uncertainty and…
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