By Allen H.B. No. 2114
77R6200 YDB-D
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 convicted of murder under Section 19.02 or 19.03, Penal
1-12 Code, or under a similar statute of another state, if:
1-13 (1) the murder victim is interred in that cemetery;
1-14 and
1-15 (2) the family of the victim gives a written notice to
1-16 the cemetery requesting that the individual convicted of murder not
1-17 be interred in that cemetery.
1-18 (b) For purposes of this section, "family" includes any
1-19 person listed in Sections 711.002(a)(1)-(5).
1-20 (c) An individual, corporation, partnership, firm, trust, or
1-21 association that violates Subsection (a) is liable to the family
1-22 for:
1-23 (1) any actual damages incurred;
1-24 (2) punitive damages not to exceed $100,000; and
2-1 (3) reasonable attorney's fees and court costs
2-2 incurred in an effort to enforce compliance with Subsection (a).
2-3 SECTION 2. Section 712.0441(a), Health and Safety Code, is
2-4 amended to read as follows:
2-5 (a) A corporation shall be subject to a civil penalty upon
2-6 the occurrence of any of the following violations:
2-7 (1) the corporation does not make a deposit in its
2-8 fund as required by Section 712.028;
2-9 (2) the corporation does not file a statement of funds
2-10 as required by Section 712.041; [or]
2-11 (3) the corporation does not pay the filing fee as
2-12 required by Section 712.042; or
2-13 (4) the corporation violates Section 711.012.
2-14 SECTION 3. This Act takes effect September 1, 2001.