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


Senate Research CenterC.S.H.B. 2114
By: Allen (West, Royce)
Jurisprudence
5-9-2001
Committee Report (Amended)


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 712, Health and Safety Code, by adding Section
712.008, as follows: 

Sec. 712.008.  LIMITATIONS ON BURIALS; DAMAGES.  Prohibits an individual,
corporation, partnership, firm, trust, or association that operates or owns
a perpetual care cemetery from interring the remains of an individual who
may have caused the death of another if:  the victim is interred in that
cemetery, and the person having the right to control the disposition of the
victim's remains under Section 711.002(a) gives written notice to the
cemetery requesting that the individual not be interred in that cemetery
under certain circumstances.  Provides that an individual, corporation,
partnership, firm, trust, or association that violates this section is
liable to the person having the right to control the disposition of the
victim's remains under Section 711.002(a) for certain monies.  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 certain information.  Prohibits 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 from being 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 this
section.  Provides that a notice under this Section expires seven years
after the date the notice is delivered.  Provides that a new notice may be
delivered on the expiration of each previous notice.  

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 711.008. 

SECTION 3.  Effective date: September 1, 2001.