1-1 By: Marchant (Senate Sponsor - Sibley) H.B. No. 1843
1-2 (In the Senate - Received from the House April 18, 1997;
1-3 April 22, 1997, read first time and referred to Committee on State
1-4 Affairs; May 16, 1997, reported favorably, as amended, by the
1-5 following vote: Yeas 13, Nays 0; May 16, 1997, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Carona
1-7 Amend H.B. 1843 in SECTION 1, Section 1(b)(9) (page 1, line
1-8 19), by striking "[or cemetery]" and substitute "or cemetery".
1-9 A BILL TO BE ENTITLED
1-10 AN ACT
1-11 relating to funeral merchandise and services and other funeral
1-12 benefits.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Section 1(b), Chapter 512, Acts of the 54th
1-15 Legislature, Regular Session, 1955 (Article 548b, Vernon's Texas
1-16 Civil Statutes), is amended by amending Subdivision (9) and adding
1-17 Subdivisions (12), (13), and (14) to read as follows:
1-18 (9) "Prepaid funeral benefits" means prearranged or
1-19 prepaid funeral [or cemetery] services or funeral merchandise,
1-20 including an alternative container, casket, or outer burial
1-21 container [caskets, grave vaults, and all other articles of
1-22 merchandise incidental to a funeral service]. The term does not
1-23 include a grave, [lot, grave space, grave] marker, monument,
1-24 tombstone, crypt, niche, plot, or lawn crypt [mausoleum] unless it
1-25 is sold in contemplation of trade or barter for funeral services
1-26 and funeral merchandise to which this Act applies.
1-27 (12) "Crypt," "grave," "lawn crypt," "niche," and
1-28 "plot" have the meanings assigned those terms by Section 711.001,
1-29 Health and Safety Code.
1-30 (13) "Funeral merchandise" or "merchandise" means
1-31 goods sold or offered for sale on a preneed basis directly to the
1-32 public for use in connection with funeral services.
1-33 (14) "Funeral services" or "services" means services
1-34 sold or offered for sale on a preneed basis that may be used to:
1-35 (A) care for and prepare deceased human bodies
1-36 for burial, cremation, or other final disposition; and
1-37 (B) arrange, supervise, or conduct the funeral
1-38 ceremony or the final disposition of deceased human bodies.
1-39 SECTION 2. Section 5A, Chapter 512, Acts of the 54th
1-40 Legislature, Regular Session, 1955 (Article 548b, Vernon's Texas
1-41 Civil Statutes), is amended by adding Subsection (i) to read as
1-42 follows:
1-43 (i) The Commissioner may waive a limitation provided by
1-44 Subsection (e), (f), or (g) of this section, on written request of
1-45 a permit holder, if the Commissioner concludes that the waiver does
1-46 not threaten an unreasonable risk of loss to the prepaid funeral
1-47 benefits trust funds. The Commissioner by order shall approve or
1-48 disapprove the request not later than the 60th day after the date
1-49 the Commissioner receives the request. If the Commissioner does
1-50 not disapprove the request before the expiration of this period,
1-51 the request is approved. If the permit holder does not request a
1-52 hearing before the 11th day after the date of an order of
1-53 disapproval, the order takes effect on that 11th day. If a hearing
1-54 is timely requested, the hearing shall be conducted as a contested
1-55 case under Chapter 2001, Government Code.
1-56 SECTION 3. Section 711.001(19), Health and Safety Code, is
1-57 amended to read as follows:
1-58 (19) "Lawn crypt" means a subsurface [concrete and
1-59 reinforced steel] receptacle installed in multiple units for ground
1-60 burial of human remains.
1-61 SECTION 4. Chapter 711, Health and Safety Code, is amended
1-62 by adding Subchapter E to read as follows:
1-63 SUBCHAPTER E. LAWN CRYPTS
1-64 Sec. 711.061. REQUIREMENTS FOR LAWN CRYPTS. A lawn crypt
2-1 may not be installed unless:
2-2 (1) the lawn crypt is constructed of concrete and
2-3 reinforced steel or other comparably durable material;
2-4 (2) the lawn crypt is installed on not less than six
2-5 inches of rock, gravel, or other drainage material;
2-6 (3) the lawn crypt provides a method to drain water
2-7 out of the lawn crypt;
2-8 (4) the outside top surface of the lawn crypt at the
2-9 time of installation is at least 1-1/2 feet below the surface of
2-10 the ground as required by Section 714.001(a)(2) and is capable of
2-11 withstanding the weight of the soil and sod above the top surface
2-12 and the weight of machinery and equipment normally used in the
2-13 maintenance of the cemetery;
2-14 (5) the lawn crypt is installed in a garden or other
2-15 section of the cemetery that has been dedicated for lawn crypt
2-16 interment purposes in accordance with Section 711.034; and
2-17 (6) except as provided by Section 711.062, the lawn
2-18 crypt is installed in multiple units of 10 or more.
2-19 Sec. 711.062. REQUEST TO INSTALL LAWN CRYPT IN FEWER THAN 10
2-20 UNITS. A lawn crypt may be installed in fewer than 10 units if it
2-21 is installed in a plot pursuant to the plot owner's written request
2-22 that is in substantially the following form:
2-23 "REQUEST FOR INSTALLATION OF A LAWN CRYPT IN
2-24 FEWER THAN 10 UNITS
2-25 I, (plot owner's name and address), request (name of cemetery
2-26 organization) to install a lawn crypt consisting of (number of)
2-27 units in the following location (description of plots) in (name and
2-28 address of cemetery).
2-29 The lawn crypt must meet the requirements of Section 711.061,
2-30 Health and Safety Code:
2-31 (1) the lawn crypt must be constructed of concrete and
2-32 reinforced steel or other comparably durable material;
2-33 (2) the lawn crypt must be installed on not less than
2-34 six inches of rock, gravel, or other drainage material;
2-35 (3) the lawn crypt must provide a method to drain
2-36 water out of the lawn crypt;
2-37 (4) the outside top surface of the lawn crypt at the
2-38 time of installation must be at least 1-1/2 feet below the surface
2-39 of the ground as required by Section 714.001(a)(2), Health and
2-40 Safety Code, and be capable of withstanding the weight of the soil
2-41 and sod above the top surface and the weight of machinery and
2-42 equipment normally used in the maintenance of the cemetery; and
2-43 (5) the plot in which the lawn crypt is to be
2-44 installed must be located in a garden or other section of the
2-45 cemetery that is dedicated for lawn crypt interment purposes in
2-46 accordance with Section 711.034, Health and Safety Code.
2-47 Dated (month, day, year).
2-48 (signature of plot owner)."
2-49 SECTION 5. Sections 3 and 4 of this Act apply only to the
2-50 installation of a lawn crypt on or after the effective date of this
2-51 Act.
2-52 SECTION 6. This Act takes effect September 1, 1997.
2-53 SECTION 7. The importance of this legislation and the
2-54 crowded condition of the calendars in both houses create an
2-55 emergency and an imperative public necessity that the
2-56 constitutional rule requiring bills to be read on three several
2-57 days in each house be suspended, and this rule is hereby suspended.
2-58 * * * * *