1-1  By:  Dutton (Senate Sponsor - Nixon)                  H.B. No. 1366
    1-2        (In the Senate - Received from the House April 25, 1995;
    1-3  April 26, 1995, read first time and referred to Committee on Health
    1-4  and Human Services; May 10, 1995, reported adversely, with
    1-5  favorable Committee Substitute by the following vote:  Yeas 7, Nays
    1-6  0; May 10, 1995, sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR H.B. No. 1366                   By:  Nixon
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to information in county records and on death certificates
   1-11  concerning places in which remains are interred; providing civil
   1-12  penalties.
   1-13        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-14        SECTION 1.  Section 711.034, Health and Safety Code, is
   1-15  amended by amending Subsections (a) and (e) and adding Subsection
   1-16  (g) to read as follows:
   1-17        (a)  A cemetery organization that acquires property for
   1-18  interment purposes shall:
   1-19              (1)  in the case of land, survey and subdivide the
   1-20  property into gardens or sections, with descriptive names or
   1-21  numbers, and make a map or plat of the property showing the plots
   1-22  contained within the perimeter boundary and showing a specific
   1-23  unique number for each plot; or
   1-24              (2)  in the case of a mausoleum or a crematory and
   1-25  columbarium, make a map or plat of the property delineating
   1-26  sections or other divisions with descriptive names and numbers and
   1-27  showing a specific unique number for each crypt, lawn crypt, or
   1-28  niche.
   1-29        (e)  The certificate or declaration may contain a provision
   1-30  permitting the directors by order to resurvey and change the shape
   1-31  and size of the property for which the associated map or plat is
   1-32  filed if that change does not disturb any interred remains.  If a
   1-33  change is made, the cemetery organization shall file an amended map
   1-34  or plat and shall indicate any change in a specific unique number
   1-35  assigned to a plot, crypt, lawn crypt, or niche.
   1-36        (g)  A cemetery association is civilly liable to the state in
   1-37  an amount not to exceed $1,000 for each map or plat that fails to
   1-38  comply with Subsection (a), (b), (c), or (e).
   1-39        SECTION 2.  Section 193.001, Health and Safety Code, is
   1-40  amended to read as follows:
   1-41        Sec. 193.001.  Form of Certificate.  (a)  The department
   1-42  shall prescribe the form and contents of death certificates and
   1-43  fetal death certificates.
   1-44        (b)  The department shall require death certificates and
   1-45  fetal death certificates to include the name of the place and the
   1-46  specific number of the plot, crypt, lawn crypt, or niche in which a
   1-47  decedent's remains will be interred or, if the remains will not be
   1-48  interred, the place and manner of other disposition.
   1-49        (c)  The bureau of vital statistics and each local registrar
   1-50  shall make the information provided under Subsection (b) available
   1-51  to the public and may charge a fee in an amount prescribed under
   1-52  Section 191.0045 for providing that service.
   1-53        SECTION 3.  A cemetery association that, on the effective
   1-54  date of this Act, has not complied with Section 711.034, Health and
   1-55  Safety Code, shall comply with that law not later than September
   1-56  30, 1995.
   1-57        SECTION 4.  This Act takes effect September 1, 1995, except
   1-58  that Section 1 of this Act takes effect October 1, 1995.
   1-59        SECTION 5.  The importance of this legislation and the
   1-60  crowded condition of the calendars in both houses create an
   1-61  emergency and an imperative public necessity that the
   1-62  constitutional rule requiring bills to be read on three several
   1-63  days in each house be suspended, and this rule is hereby suspended.
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