1-1 AN ACT
1-2 relating to funeral merchandise and services and other funeral
1-3 benefits.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1(b), Chapter 512, Acts of the 54th
1-6 Legislature, Regular Session, 1955 (Article 548b, Vernon's Texas
1-7 Civil Statutes), is amended by amending Subdivision (9) and adding
1-8 Subdivisions (12), (13), and (14) to read as follows:
1-9 (9) "Prepaid funeral benefits" means prearranged or
1-10 prepaid funeral or cemetery services or funeral merchandise,
1-11 including an alternative container, casket, or outer burial
1-12 container [caskets, grave vaults, and all other articles of
1-13 merchandise incidental to a funeral service]. The term does not
1-14 include a grave, [lot, grave space, grave] marker, monument,
1-15 tombstone, crypt, niche, plot, or lawn crypt [mausoleum] unless it
1-16 is sold in contemplation of trade or barter for funeral services
1-17 and funeral merchandise to which this Act applies.
1-18 (12) "Crypt," "grave," "lawn crypt," "niche," and
1-19 "plot" have the meanings assigned those terms by Section 711.001,
1-20 Health and Safety Code.
1-21 (13) "Funeral merchandise" or "merchandise" means
1-22 goods sold or offered for sale on a preneed basis directly to the
1-23 public for use in connection with funeral services.
1-24 (14) "Funeral services" or "services" means services
2-1 sold or offered for sale on a preneed basis that may be used to:
2-2 (A) care for and prepare deceased human bodies
2-3 for burial, cremation, or other final disposition; and
2-4 (B) arrange, supervise, or conduct the funeral
2-5 ceremony or the final disposition of deceased human bodies.
2-6 SECTION 2. Section 5A, Chapter 512, Acts of the 54th
2-7 Legislature, Regular Session, 1955 (Article 548b, Vernon's Texas
2-8 Civil Statutes), is amended by adding Subsection (i) to read as
2-9 follows:
2-10 (i) The Commissioner may waive a limitation provided by
2-11 Subsection (e), (f), or (g) of this section, on written request of
2-12 a permit holder, if the Commissioner concludes that the waiver does
2-13 not threaten an unreasonable risk of loss to the prepaid funeral
2-14 benefits trust funds. The Commissioner by order shall approve or
2-15 disapprove the request not later than the 60th day after the date
2-16 the Commissioner receives the request. If the Commissioner does
2-17 not disapprove the request before the expiration of this period,
2-18 the request is approved. If the permit holder does not request a
2-19 hearing before the 11th day after the date of an order of
2-20 disapproval, the order takes effect on that 11th day. If a hearing
2-21 is timely requested, the hearing shall be conducted as a contested
2-22 case under Chapter 2001, Government Code.
2-23 SECTION 3. Section 711.001(19), Health and Safety Code, is
2-24 amended to read as follows:
2-25 (19) "Lawn crypt" means a subsurface [concrete and
2-26 reinforced steel] receptacle installed in multiple units for ground
2-27 burial of human remains.
3-1 SECTION 4. Chapter 711, Health and Safety Code, is amended
3-2 by adding Subchapter E to read as follows:
3-3 SUBCHAPTER E. LAWN CRYPTS
3-4 Sec. 711.061. REQUIREMENTS FOR LAWN CRYPTS. A lawn crypt
3-5 may not be installed unless:
3-6 (1) the lawn crypt is constructed of concrete and
3-7 reinforced steel or other comparably durable material;
3-8 (2) the lawn crypt is installed on not less than six
3-9 inches of rock, gravel, or other drainage material;
3-10 (3) the lawn crypt provides a method to drain water
3-11 out of the lawn crypt;
3-12 (4) the outside top surface of the lawn crypt at the
3-13 time of installation is at least 1-1/2 feet below the surface of
3-14 the ground as required by Section 714.001(a)(2) and is capable of
3-15 withstanding the weight of the soil and sod above the top surface
3-16 and the weight of machinery and equipment normally used in the
3-17 maintenance of the cemetery;
3-18 (5) the lawn crypt is installed in a garden or other
3-19 section of the cemetery that has been dedicated for lawn crypt
3-20 interment purposes in accordance with Section 711.034; and
3-21 (6) except as provided by Section 711.062, the lawn
3-22 crypt is installed in multiple units of 10 or more.
3-23 Sec. 711.062. REQUEST TO INSTALL LAWN CRYPT IN FEWER THAN 10
3-24 UNITS. A lawn crypt may be installed in fewer than 10 units if it
3-25 is installed in a plot pursuant to the plot owner's written request
3-26 that is in substantially the following form:
3-27 "REQUEST FOR INSTALLATION OF A LAWN CRYPT IN
4-1 FEWER THAN 10 UNITS
4-2 I, (plot owner's name and address), request (name of cemetery
4-3 organization) to install a lawn crypt consisting of (number of)
4-4 units in the following location (description of plots) in (name and
4-5 address of cemetery).
4-6 The lawn crypt must meet the requirements of Section 711.061,
4-7 Health and Safety Code:
4-8 (1) the lawn crypt must be constructed of concrete and
4-9 reinforced steel or other comparably durable material;
4-10 (2) the lawn crypt must be installed on not less than
4-11 six inches of rock, gravel, or other drainage material;
4-12 (3) the lawn crypt must provide a method to drain
4-13 water out of the lawn crypt;
4-14 (4) the outside top surface of the lawn crypt at the
4-15 time of installation must be at least 1-1/2 feet below the surface
4-16 of the ground as required by Section 714.001(a)(2), Health and
4-17 Safety Code, and be capable of withstanding the weight of the soil
4-18 and sod above the top surface and the weight of machinery and
4-19 equipment normally used in the maintenance of the cemetery; and
4-20 (5) the plot in which the lawn crypt is to be
4-21 installed must be located in a garden or other section of the
4-22 cemetery that is dedicated for lawn crypt interment purposes in
4-23 accordance with Section 711.034, Health and Safety Code.
4-24 Dated (month, day, year).
4-25 (signature of plot owner)."
4-26 SECTION 5. Sections 3 and 4 of this Act apply only to the
4-27 installation of a lawn crypt on or after the effective date of this
5-1 Act.
5-2 SECTION 6. This Act takes effect September 1, 1997.
5-3 SECTION 7. The importance of this legislation and the
5-4 crowded condition of the calendars in both houses create an
5-5 emergency and an imperative public necessity that the
5-6 constitutional rule requiring bills to be read on three several
5-7 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1843 was passed by the House on April
17, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1843 on May 29, 1997, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1843 was passed by the Senate, with
amendments, on May 26, 1997, by the following vote: Yeas 31, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor