By Galloway S.B. No. 1540
75R7481 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the sale and installation of monuments on cemetery
1-3 plots; providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter C, Chapter 711, Health and Safety
1-6 Code, is amended by adding Section 711.0385 to read as follows:
1-7 Sec. 711.0385. SALE AND INSTALLATION OF MONUMENTS. (a) A
1-8 cemetery organization or any other person who sells and conveys the
1-9 exclusive right of sepulture in a plot may not:
1-10 (1) condition the sale of the plot on the purchase of
1-11 a monument to be installed on the plot from the cemetery
1-12 organization or other person;
1-13 (2) prohibit any person from installing a monument on
1-14 the plot;
1-15 (3) require the payment of a setting or service charge
1-16 by a person to permit the person to install a monument on the plot;
1-17 (4) refuse to provide care or maintenance for any
1-18 portion of a plot on which a monument has been installed solely
1-19 because the monument was installed by a person other than the
1-20 cemetery organization or other seller of the plot; or
1-21 (5) require a person to waive the liability of the
1-22 cemetery organization or other seller of the plot for damage to a
1-23 monument after the monument has been installed.
1-24 (b) Subsection (a) does not prohibit a cemetery organization
2-1 from establishing reasonable rules under Section 711.031 relating
2-2 to a monument or the foundation required for the monument. Rules
2-3 adopted in accordance with this subsection must be applicable to
2-4 all monuments in the cemetery without regard to the source of the
2-5 monuments and must be enforced uniformly.
2-6 (c) A person commits an offense if the person violates
2-7 Subsection (a). An offense under this subsection is a Class C
2-8 misdemeanor.
2-9 (d) In this section, "monument" includes any marker or
2-10 effigy installed on a plot.
2-11 SECTION 2. Section 711.031(a), Health and Safety Code, is
2-12 amended to read as follows:
2-13 (a) A cemetery organization may adopt and enforce rules:
2-14 (1) concerning the use, care, control, management,
2-15 restriction, and protection of the cemetery operated by the
2-16 cemetery organization;
2-17 (2) to restrict the use of cemetery property;
2-18 (3) to regulate the placement, uniformity, class, and
2-19 kind of markers, monuments, effigies, and other structures in any
2-20 part of the cemetery, subject to Section 711.0385;
2-21 (4) to regulate the planting and care of plants in the
2-22 cemetery;
2-23 (5) to prevent the interment of remains not entitled
2-24 to be interred in the cemetery;
2-25 (6) to prevent the use of a plot for a purpose that
2-26 violates the cemetery organization's restrictions;
2-27 (7) to regulate the conduct of persons on cemetery
3-1 property and to prevent improper meetings at the cemetery; and
3-2 (8) for other purposes the directors consider
3-3 necessary for the proper conduct of the cemetery organization's
3-4 business, and for the protection of the premises and the
3-5 principles, plans, and ideals on which the cemetery was organized.
3-6 SECTION 3. This Act applies only to the sale or installation
3-7 of a monument on or after the effective date of this Act. The sale
3-8 or installation of a monument before the effective date of this Act
3-9 is governed by the law as it existed immediately before the
3-10 effective date of this Act, and that law is continued in effect for
3-11 that purpose.
3-12 SECTION 4. This Act takes effect September 1, 1997.
3-13 SECTION 5. The importance of this legislation and the
3-14 crowded condition of the calendars in both houses create an
3-15 emergency and an imperative public necessity that the
3-16 constitutional rule requiring bills to be read on three several
3-17 days in each house be suspended, and this rule is hereby suspended.