Amend CSSB 314 by adding the following SECTIONS,
appropriately numbered, and renumbering subsequent SECTIONS of the
bill accordingly:
      SECTION __.  Subchapter A, Chapter 712, Health and Safety
Code, is amended by adding Section 712.009 to read as follows:
      Sec. 712.009.  LIMITATIONS ON BURIALS; DAMAGES. (a)  The
Finance Commission of Texas shall adopt rules to administer and
enforce this section.
      (b)  An individual, corporation, partnership, firm, trust, or
association that operates or owns a perpetual care cemetery may not
inter the remains of an individual who may have caused the death of
another person if:
            (1)  the victim is interred in that cemetery; and
            (2) the person having the right to control the
disposition of the victims's remains under Section 711.002(a) gives
written notice to the cemetery requesting that the individual not
be interred in that cemetery if:
                  (A)  the individual was convicted under Section
19.02, 19.03, 19.05, or 49.08, Penal Code, for causing the death of
the victim, or convicted under a similar statute of another state;
or
                  (B)  the individual was identified as causing the
death of the victim, in violation of a provision described by
Paragraph (A), by the medical examiner or law enforcement agency
having jurisdiction over the offense, and the individual dies
before being convicted of the offense.
      (c)  An individual, corporation, partnership, firm, trust, or
association that violates Subsection (b) is liable to the person
having the right to control the disposition of the victims's
remains under Section 711.002(a) for:
            (1)  any actual damages incurred;
            (2)  punitive damages not to exceed $10,000; and
            (3)  reasonable attorney's fees and court costs
incurred in an effort to enforce compliance with Subsection (b).
      (d)  Damages under Subsection (c) or a civil penalty under
Section 712.0441 may not be assessed if the individual,
corporation, partnership, firm, trust, or association that operates
the cemetery proves by a preponderance of the evidence that:
            (1)  the cemetery is the only cemetery serving the
municipality or county in which the victim and individual causing
the victim's death lived; and
            (2)  the bodies of the victim and individual causing
the victim's death were placed as far apart as possible in, or in
different parts of, the cemetery.
      (e)  An individual, corporation, partnership, firm, trust, or
association operating or owning a perpetual care cemetery and
barred from interring remains of an individual under this section
may not be held liable for damages by a person having the right to
control the disposition of the individual's remains under Section
711.002(a), including damages for failure to provide for interment
under a contract executed before the delivery of the written notice
under Subsection (b) (2).
      (f)  A notice under Subsection (b) (2) expires seven years
after the date the notice is delivered.  A new notice may be
delivered on the expiration of each previous notice.
      SECTION 2. Section 712.0441(a), Health and Safety Code, is
amended to read as follows:
      (a)  A corporation shall be subject to a civil penalty upon
the occurrence of any of the following violations:
            (1)  the corporation does not make a deposit in its
fund as required by Section 712.028;
            (2)  the corporation does not file a statement of funds
as required by Section 712.041; <or>
            (3)  the corporation does not pay the filing fee as
required by Section 712.042; or
            (4)  the corporation violates Section 712.009.