By Tillery H.B. No. 426
77R2401 YDB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to regulation of cemeteries; providing civil and criminal
1-3 penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 711, Health and Safety Code, is amended
1-6 by adding Subchapter F to read as follows:
1-7 SUBCHAPTER F. REGISTRATION OF CEMETERIES
1-8 Sec. 711.101. DEFINITION. In this subchapter, "commission"
1-9 means the Texas Funeral Service Commission.
1-10 Sec. 711.102. EXEMPTIONS. (a) A private or family cemetery
1-11 is exempt from the requirements of this subchapter if the cemetery:
1-12 (1) is not operated for profit;
1-13 (2) is not larger than a maximum size established by
1-14 commission rule; and
1-15 (3) meets any other criteria established by the
1-16 commission by rule.
1-17 (b) In adopting rules or criteria under Subsection (a)(2) or
1-18 (3), the commission shall protect the public interest.
1-19 Sec. 711.103. REGISTRATION REQUIRED. A person may not
1-20 operate a cemetery unless the person holds a cemetery operator's
1-21 certificate of registration issued under this subchapter.
1-22 Sec. 711.104. APPLICATION REQUIREMENTS. (a) An applicant
1-23 for a cemetery operator's certificate of registration must file
1-24 with the commission an application stating:
2-1 (1) the applicant's name, address, and telephone
2-2 number;
2-3 (2) the applicant's business trade name;
2-4 (3) for an applicant whose business is incorporated:
2-5 (A) the applicant's business name registered
2-6 with the secretary of state;
2-7 (B) the location of the applicant's registered
2-8 business office; and
2-9 (C) the name and address of each person who
2-10 directly or indirectly owns or controls 10 percent or more of the
2-11 outstanding shares of stock in the applicant's business;
2-12 (4) the date the applicant began, or will begin, the
2-13 operation of the cemetery; and
2-14 (5) the address of the cemetery.
2-15 (b) An application for a certificate of registration must be
2-16 accompanied by the required fee.
2-17 (c) An applicant must comply with the application
2-18 requirements of this section for each location at which the
2-19 applicant will operate a cemetery.
2-20 Sec. 711.105. FEES. (a) Except as provided by Subsection
2-21 (b), the commission shall charge each applicant for a certificate
2-22 of registration or renewal of a certificate a reasonable
2-23 registration fee not to exceed $100 to cover the cost of issuance
2-24 or renewal.
2-25 (b) A cemetery operated by an entity described by Section
2-26 712.002(4) is exempt from the registration fee.
2-27 Sec. 711.106. CERTIFICATE OF REGISTRATION NONTRANSFERABLE. A
3-1 cemetery operator's certificate of registration is not
3-2 transferable.
3-3 Sec. 711.107. TERM; RENEWAL. (a) A cemetery operator's
3-4 certificate of registration expires on the first anniversary of the
3-5 date of issuance.
3-6 (b) A certificate of registration must be renewed annually
3-7 as provided by rules adopted by the commission.
3-8 Sec. 711.108. CHANGE OF INFORMATION. If the information
3-9 provided in an application for a certificate of registration
3-10 changes, the certificate holder shall notify the commission of the
3-11 change before the 90th day after the date the change occurs.
3-12 Sec. 711.109. ADMINISTRATIVE AND RULEMAKING AUTHORITY. (a)
3-13 The commission shall administer this subchapter.
3-14 (b) In administering this subchapter, the commission shall:
3-15 (1) adopt rules;
3-16 (2) issue administrative orders; and
3-17 (3) take action necessary to ensure compliance with
3-18 this subchapter.
3-19 Sec. 711.110. INVESTIGATIVE AUTHORITY. The commission may
3-20 investigate an alleged violation of this subtitle.
3-21 Sec. 711.111. COMPLAINTS. (a) The commission by rule shall
3-22 establish methods by which consumer and service recipients are
3-23 notified of the name, mailing address, and telephone number of the
3-24 commission for the purpose of directing complaints to the
3-25 commission.
3-26 (b) The commission shall investigate each complaint received
3-27 by the commission relating to a cemetery or its operator.
4-1 (c) If a person files a complaint with the commission
4-2 relating to a cemetery or its operator, the commission shall give
4-3 to the person an explanation of the remedies that are available to
4-4 the person under this chapter and information about other
4-5 appropriate state or local agencies or officials with which the
4-6 person may file a complaint.
4-7 (d) If a written complaint is filed with the commission that
4-8 the commission has authority to resolve, the commission, at least
4-9 quarterly until final disposition of the complaint, shall notify
4-10 the parties to the complaint of the status of the complaint unless
4-11 the notice would jeopardize an undercover investigation.
4-12 (e) The complainant is entitled to attend any proceeding
4-13 resulting from the complaint.
4-14 Sec. 711.112. SUIT FOR ENFORCEMENT. (a) The attorney
4-15 general, at the request of the commission, shall file suit against
4-16 a person who violates, or threatens to violate, this subtitle to:
4-17 (1) enjoin the violation;
4-18 (2) recover a civil penalty under Section 711.113; or
4-19 (3) both enjoin the violation and recover the penalty.
4-20 (b) Venue for suit filed under this section is in a district
4-21 court located in:
4-22 (1) Travis County; or
4-23 (2) the county in which the cemetery is located.
4-24 Sec. 711.113. AMOUNT OF CIVIL PENALTY; RECOVERY OF EXPENSES.
4-25 (a) Except as provided by Subsection (b), a person who violates
4-26 this subtitle is liable to the state for a civil penalty in an
4-27 amount not to exceed $1,000 for a single violation.
5-1 (b) If more than one civil penalty is assessed against the
5-2 same person, the total amount of civil penalties assessed may not
5-3 exceed $25,000.
5-4 (c) In addition to the amount of any civil penalty, the
5-5 commission may recover reasonable expenses, including court costs,
5-6 attorney's fees, investigative costs, witness fees, and deposition
5-7 expenses, incurred in recovering a civil penalty or obtaining an
5-8 injunction under this subtitle.
5-9 Sec. 711.114. CRIMINAL OFFENSE: VIOLATION OF SUBCHAPTER.
5-10 (a) A person commits an offense if the person knowingly operates
5-11 or attempts to operate a cemetery in violation of this subchapter.
5-12 (b) An offense under this section is a Class A misdemeanor.
5-13 Sec. 711.115. CRIMINAL OFFENSE: INTERFERENCE WITH
5-14 INVESTIGATION. (a) A person commits an offense if, with actual
5-15 notice that the commission, attorney general, or a district or
5-16 county attorney has initiated, or plans to initiate, an
5-17 investigation under this subchapter, the person intentionally
5-18 conceals, alters, destroys, or falsifies a document or record that
5-19 is relevant or material to the investigation.
5-20 (b) An offense under this section is a Class A misdemeanor.
5-21 SECTION 2. (a) Before January 1, 2002, the Texas Funeral
5-22 Service Commission shall adopt rules establishing the registration
5-23 process required by Subchapter F, Chapter 711, Health and Safety
5-24 Code, as added by this Act.
5-25 (b) The prohibition imposed by Section 711.103, Health and
5-26 Safety Code, as added by this Act, does not apply to a person
5-27 before January 1, 2003.
6-1 SECTION 3. This Act takes effect September 1, 2001.