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A BILL TO BE ENTITLED
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AN ACT
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relating to rules adopted and enforced by cemetery organizations on |
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markers, memorials, and effigies; authorizing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 711.031, Health and Safety Code, is |
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amended by adding Subsection (a-1) to read as follows: |
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(a-1) A rule adopted under Subsection (a)(3) may: |
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(1) specify the style, color, size, and installation |
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requirements of a marker, memorial, or effigy; and |
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(2) require a marker or memorial to be installed flat |
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or erect. |
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SECTION 2. Subchapter C, Chapter 711, Health and Safety |
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Code, is amended by adding Section 711.0325 to read as follows: |
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Sec. 711.0325. PROHIBITED RULES ON MARKERS, MEMORIALS, AND |
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EFFIGIES; CIVIL PENALTY. (a) A cemetery organization may not adopt |
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or enforce a rule imposing a restriction or limitation on a business |
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from which a plot owner may: |
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(1) purchase a marker, memorial, or effigy; or |
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(2) contract for the installation of a marker, |
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memorial, or effigy. |
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(b) A cemetery organization that violates Subsection (a) is |
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liable for a civil penalty of not more than $5,000 for each |
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violation. Each day a violation continues is considered a separate |
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violation for purposes of assessing the civil penalty. |
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(c) The attorney general may bring suit to recover the civil |
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penalty authorized by Subsection (b). |
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SECTION 3. The change in law made by this Act applies to a |
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violation by a cemetery organization that occurs on or after the |
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effective date of this Act. A violation that occurs before the |
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effective date of this Act is governed by the law in effect on the |
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date the violation occurred, and the former law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2025. |