SRC-BWC H.B. 2114 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2114
77R11088 YDB-DBy: Allen (West)
Jurisprudence
5/9/2001
Engrossed


DIGEST AND PURPOSE 

Under current law, there are no restrictions on who can be interred in a
cemetery in relation to others interred in the same cemetery. Recently in
Grand Prairie, a victim of a murder-suicide was interred in a local
cemetery in close proximity to the murderer.  The proximity of these
interments has caused the members of the victim's family a great deal of
anxiety which will continue as long as they visit the grave site.  H.B.
2114 prohibits the burial of a murderer in the same cemetery as the victim
of that murder on request of the victim's family.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 711A, Health and Safety Code, by adding Section
711.012, as follows: 

Sec. 711.012.  LIMITATIONS ON BURIALS; DAMAGES.  Defines "family."
Prohibits an individual, corporation, partnership, firm, trust, or
association that operates or owns a cemetery from interring the remains of
an individual who may have murdered another person if the murder victim is
interred in that cemetery, and the family of the victim gives a written
notice to the cemetery requesting the individual not be interred in that
cemetery for certain reasons.  Provides that an individual, corporation,
partnership, firm, trust, or association that violates this section is
liable to the family for certain damages and fees and court costs.
Authorizes the family of an individual who is refused interment under this
section to contest in court an allegation of murder by the victim's family
under this section.  Prohibits damages under this section or a civil
penalty under Section 712.0441 from being assessed if the individual,
corporation, partnership, firm, trust, or association that operates the
cemetery proves by a preponderance of the evidence that the cemetery is the
only cemetery serving the municipality or county in which the victim and
murderer lived, and the bodies of the victim and murderer were placed as
far apart as possible in, or in different parts of, the cemetery. 

SECTION 2.  Amends Section 712.0441(a), Health and Safety Code, to require
a corporation to be subject to a civil penalty if the corporation violates
Section 711.012. 

SECTION 3.  Effective date: September 1, 2001.