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.