77R11088 YDB-D
By Allen H.B. No. 2114
Substitute the following for H.B. No. 2114:
By Haggerty C.S.H.B. No. 2114
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to interment of a victim and an individual convicted of
1-3 the murder of the victim in the same cemetery; providing a civil
1-4 penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter A, Chapter 711, Health and Safety Code,
1-7 is amended by adding Section 711.012 to read as follows:
1-8 Sec. 711.012. LIMITATIONS ON BURIALS; DAMAGES. (a) An
1-9 individual, corporation, partnership, firm, trust, or association
1-10 that operates or owns a cemetery may not inter the remains of an
1-11 individual who may have murdered another person if:
1-12 (1) the murder victim is interred in that cemetery;
1-13 and
1-14 (2) the family of the victim gives a written notice to
1-15 the cemetery requesting the individual not be interred in that
1-16 cemetery if:
1-17 (A) the individual was convicted of murder under
1-18 Section 19.02 or 19.03, Penal Code, or under a similar statute of
1-19 another state;
1-20 (B) the individual was identified by a police or
1-21 autopsy report as the murderer; or
1-22 (C) the family of the victim alleges the family
1-23 has reason to believe the victim was murdered by the individual.
1-24 (b) For purposes of this section, "family" includes any
2-1 person listed in Sections 711.002(a)(1)-(5).
2-2 (c) An individual, corporation, partnership, firm, trust, or
2-3 association that violates Subsection (a) is liable to the family
2-4 for:
2-5 (1) any actual damages incurred;
2-6 (2) punitive damages not to exceed $100,000; and
2-7 (3) reasonable attorney's fees and court costs
2-8 incurred in an effort to enforce compliance with Subsection (a).
2-9 (d) The family of an individual who is refused interment
2-10 under this section may contest in court an allegation of murder by
2-11 the victim's family under Subsection (a)(2)(C).
2-12 (e) Damages under Subsection (c) or a civil penalty under
2-13 Section 712.0441 may not be assessed if the individual,
2-14 corporation, partnership, firm, trust, or association that operates
2-15 the cemetery proves by a preponderance of the evidence that:
2-16 (1) the cemetery is the only cemetery serving the
2-17 municipality or county in which the victim and murderer lived; and
2-18 (2) the bodies of the victim and murderer were placed
2-19 as far apart as possible in, or in different parts of, the
2-20 cemetery.
2-21 SECTION 2. Section 712.0441(a), Health and Safety Code, is
2-22 amended to read as follows:
2-23 (a) A corporation shall be subject to a civil penalty upon
2-24 the occurrence of any of the following violations:
2-25 (1) the corporation does not make a deposit in its
2-26 fund as required by Section 712.028;
2-27 (2) the corporation does not file a statement of funds
3-1 as required by Section 712.041; [or]
3-2 (3) the corporation does not pay the filing fee as
3-3 required by Section 712.042; or
3-4 (4) the corporation violates Section 711.012.
3-5 SECTION 3. This Act takes effect September 1, 2001.