Tex.
Health & Safety Code Section 193.010
Certificate of Death by Catastrophe
(a)
In this section, “catastrophe” means the occurrence of a substantial force that causes widespread or severe damage, injury, or loss of life or property and from which it is not reasonable to assume that a person could survive, including:(1)
flood, earthquake, tornado, or other natural disaster;(2)
explosion, fire, or destruction of a building;(3)
the crash of a motor vehicle, train, or airplane involving more than one person; or(4)
the overtaking of more than one person by fire, water, earth, or other substance.(b)
A local registrar shall issue and file a certificate of death by catastrophe for a person if:(1)
an affidavit is submitted to the registrar stating that:(A)
the person was last reasonably believed to be at the scene of a catastrophe;(B)
at least 10 days have passed since the day of the catastrophe;(C)
a diligent search has been made by a governmental authority and the authority has concluded the search for the person;(D)
the catastrophe was not intentionally caused by the person; and(E)
the affiant:(i)
does not know whether the person is alive or dead;(ii)
has not received any information about the person’s status since the catastrophe and, barring the person’s death, would have received information about the person’s status;(iii)
is not aware of any custody or guardianship issues involving the person, if the person is a minor or a person for whom a guardian has been appointed; and(iv)
is not aware of any reasonable motive for the person to disappear or for another person to abduct the person; and(2)
a written statement signed by an agent of the governmental authority that conducts a search under Subdivision (1)(C) is submitted to the registrar stating that the governmental authority conducted and concluded a search for the person.(c)
The department may issue a certificate of death by catastrophe for a minor or a person for whom a guardian has been appointed who is the subject of a custody or guardianship dispute only if all parties to the dispute submit an affidavit under Subsection (b).(d)
An insurer shall accept as proof of death of an insured a certificate of death by catastrophe issued under this section.
Source:
Section 193.010 — Certificate of Death by Catastrophe, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.193.htm#193.010 (accessed Apr. 29, 2024).
