(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.

Terms Used In Texas Health and Safety Code 193.010

  • Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Property: means real and personal property. See Texas Government Code 311.005
  • Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005

(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.

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