0423071.1 COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: John M. Grimes OFFICE: _Grimes Funeral Chapels MEETING DATE: Apri123, 2007 TIME PREFERRED: 9:00 AM SUBJECT: (please be specific) Consider, discuss and take appropriate action regarding rates the County pays to funeral homes for cremations, transportation fees and first call charges. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON): NAME OF PERSON ADDRESSING THE COURT: John M. Grimes „o, ESTIMATED LENGTH OF PRESENTATION: 7 to 10 minutes IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: 5:00 P.M. on the Tuesday prior to the meeting. THIS REQUEST RECEIVED BY: REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court, Court Order No. 25722. MR. & MRS. JOHN M. GRIMES P. O. BOX 290170 KERRVILLE, TEXAS 78029-0170 830-257-4544 FAX 830-792-4331 April 11, 2007 Commissioners Court 700 Main St. Kerrville, TX 78028 To Commissioners Court: Our request of the local funeral homes are to be county cremations to be raised to $750 per case, the transportation to Austin Medical Examiner to be a flat fee of $350 and first call charges on deaths when county chooses a funeral home to be paid by Kerr County. See attached document, Transportation of a Dead Body. Grimes, Kerrville and Wright's Funeral Homes 728 Jefferson 1214 Mulberry Kerrville, Texas WEBSITE Bandera, Texas Telephone 830-257-4544 www.grimestuneralchapels.com Telephone 830-796-3922 Transportation of a Dead Body Some counties are learning that there can be unanticipated costs associated with the transportation and storage of a dead body. According to an article in the recent CO[JNTY magazine, if a justice of the peace or other official authorized under Cfiapter 49 of the Code of Criminal Procedure calls a funeral home to pick-up and store a dead body, the county will be responsible for the associated costs. The fwteral home is not authorized to pass dre costs for transportation and storage of the dead body on to the family or person responsible for funeral arrangements ("the consumer") when that person did not directly request the funeral home [o transport and store the dead body. T'EX. OCC. CODE, 6& 5 L.401 (Vernon 2004). There is no consumer relationship created between the funeral home and the family or the person responsible for funeral arrangements when the county official initiates the "first call" to the funeral home to pick-up the dead body. [t is appropriate for the funeral home to bill the county for the costs of transportation and storage of the dead body. There are no statutory provisions to provide guidance to the county in seeking reimbursement from the family for costs. [n speaking with Donna Potter, Compliance Division, Texas Funeral Service Commission, she stated that some counties, in order to reduce costs, have contracted with funeral homes to transport and store dead bodies. Should anyone have any questions for Donna, she can be reached at(5l2)936-2470. A copy of the statutory provisions relating to this article and the rule promulgated by the Texas Funeral Service Commission, which provides clarification of the definition of "first catl," may be found on the TAC website Iticated at www.countY.or;; under Legislative [nformation. For more information, contact Nanette Forbes at (800156-5974 or by email at nanette@county.org