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House Bill 2495 |
House Author: Hernandez Luna |
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Effective: 9-1-11 |
Senate Sponsor: Carona |
House Bill 2495 amends the Health and Safety Code to make changes in provisions governing cemeteries and perpetual care cemetery corporations. The bill requires a corporation to hold a certificate of authority to operate a perpetual care cemetery and sets out provisions relating to the application process for and fees associated with the certificate, required qualifications of and the Banking Commissioner of Texas' authority to investigate an applicant, the issuance of the certificate by the commissioner, the terms and renewal of the certificate, the prohibition on transferring or assigning the certificate, transferring ownership of a certificate holder's business, and surrendering the certificate and the associated fee.
Among other provisions relating to perpetual care cemeteries, House Bill 2495 specifies conditions under which the commissioner is authorized to issue an order requiring restitution, a cease and desist order, and an emergency order and sets out provisions relating to the appointment by the attorney general of a receiver in conjunction with a proceeding to forfeit the right of a corporation to do business in Texas. The bill prohibits a perpetual care cemetery from being operated in Texas unless a certificate of formation for a domestic filing entity or registration to transact business for a foreign filing entity is filed with the secretary of state. The bill makes it an offense to collect money for the purchase of a memorial and knowingly defalcate or misappropriate such funds.
House Bill 2495 revises the requirements for lawn crypts and adds provisions relating to the construction of and sales contracts for lawn crypts. The bill terminates and transfers a person's right to control the disposition of a decedent's remains if the person fails to make arrangements for such disposition by a certain deadline.