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A BILL TO BE ENTITLED
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AN ACT
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relating to a transfer of ownership for a perpetual care cemetery. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 712, Health and Safety |
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Code, is amended by adding Section 712.00391 to read as follows: |
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Sec. 712.00391. TRANSFER OF BUSINESS OWNERSHIP; DUTIES OF |
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NEW CERTIFICATE HOLDER. (a) In this section, "transferor" means a |
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certificate holder who transfers the holder's ownership of a |
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perpetual care cemetery to another person. |
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(b) On the transfer of the business ownership of a perpetual |
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care cemetery, the new certificate holder may not modify the terms, |
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including the amount of any fees for maintenance or upkeep of the |
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cemetery, of a prepaid funeral contract entered into by the plot |
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owner and the transferor without the plot owner's agreement. |
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(c) Not later than 60 days after the date a transfer of |
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ownership of a perpetual care cemetery described by Section |
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712.0039(b) is executed, the new certificate holder shall: |
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(1) notify each plot owner: |
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(A) of the transfer of ownership and the identity |
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of the new certificate holder; and |
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(B) that the new certificate holder may not |
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modify the terms of a prepaid funeral contract entered into by the |
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plot owner and the transferor; and |
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(2) provide to each plot owner the costs outlined in |
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the prepaid funeral contract entered into by the plot owner and the |
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transferor. |
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(d) The new certificate holder may provide the notice and |
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costs outlined in the prepaid funeral contract to a plot owner as |
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required by Subsection (c) by mail, e-mail, telephone, or in any |
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other manner that ensures the plot owner will receive the notice and |
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costs. |
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(e) During a transfer of ownership and for at least 120 days |
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following the transfer, a perpetual care cemetery must have a |
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representative available to provide assistance to a plot owner or |
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the owner's immediate family members or authorized representative. |
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The assistance must be provided in English and Spanish or, if |
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applicable, English and any other language spoken by a substantial |
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portion of the individuals residing in the area in which the |
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perpetual care cemetery is located. |
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SECTION 2. Section 712.00391, Health and Safety Code, as |
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added by this Act, applies to a transfer in business ownership of a |
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perpetual care cemetery that occurs on or after the effective date |
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of this Act. A transfer in business ownership that occurs before |
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that date is governed by the law in effect on the date the transfer |
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occurred, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |