1-1 By: Allen (Senate Sponsor - West) H.B. No. 2114
1-2 (In the Senate - Received from the House May 2, 2001;
1-3 May 3, 2001, read first time and referred to Committee on
1-4 Jurisprudence; May 10, 2001, reported favorably, as amended, by the
1-5 following vote: Yeas 4, Nays 0; May 10, 2001, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: West
1-7 Amend H.B. 2114 on third reading as follows:
1-8 (1) Strike SECTION 1 of the bill and substitute the
1-9 following:
1-10 SECTION 1. Subchapter A, Chapter 712, Health and Safety
1-11 Code, is amended by adding Section 712.008 to read as follows:
1-12 Sec. 712.008. LIMITATIONS ON BURIALS; DAMAGES. (a) An
1-13 individual, corporation, partnership, firm, trust, or association
1-14 that operates or owns a perpetual care cemetery may not inter the
1-15 remains of an individual who may have caused the death of another
1-16 person if:
1-17 (1) the victim is interred in that cemetery; and
1-18 (2) the person having the right to control the
1-19 disposition of the victims's remains under Section 711.002(a) gives
1-20 written notice to the cemetery requesting that the individual not
1-21 be interred in that cemetery if:
1-22 (A) the individual was convicted under Section
1-23 19.02, 19.03, 19.05, or 49.08, Penal Code, for causing the death of
1-24 the victim, or convicted under a similar statute of another state;
1-25 or
1-26 (B) the individual was identified as causing the
1-27 death of the victim, in violation of a provision described by
1-28 Paragraph (A), by the medical examiner or law enforcement agency
1-29 having jurisdiction over the offense, and the individual dies
1-30 before being convicted of the offense.
1-31 (b) An individual, corporation, partnership, firm, trust, or
1-32 association that violates Subsection (a) is liable to the person
1-33 having the right to control the disposition of the victims's
1-34 remains under Section 711.002(a) for:
1-35 (1) any actual damages incurred;
1-36 (2) punitive damages not to exceed $10,000; and
1-37 (3) reasonable attorney's fees and court costs
1-38 incurred in an effort to enforce compliance with Subsection (a).
1-39 (c) Damages under Subsection (b) or a civil penalty under
1-40 Section 712.0441 may not be assessed if the individual,
1-41 corporation, partnership, firm, trust, or association that operates
1-42 the cemetery proves by a preponderance of the evidence that:
1-43 (1) the cemetery is the only cemetery serving the
1-44 municipality or county in which the victim and individual causing
1-45 the victim's death lived; and
1-46 (2) the bodies of the victim and individual causing
1-47 the victim's death were placed as far apart as possible in, or in
1-48 different parts of, the cemetery.
1-49 (d) An individual, corporation, partnership, firm, trust, or
1-50 association operating or owning a perpetual care cemetery and
1-51 barred from interring remains of an individual under this section
1-52 may not be held liable for damages by a person having the right to
1-53 control the disposition of the individual's remains under Section
1-54 711.002(a), including damages for failure to provide for interment
1-55 under a contract executed before the delivery of the written notice
1-56 under Subsection (a) (2).
1-57 (e) A notice under Subsection (a) (2) expires seven years
1-58 after the date the notice is delivered. A new notice may be
1-59 delivered on the expiration of each previous notice.
1-60 (2) In Section 712.0441(a) (4), Health and Safety
1-61 Code, as amended by SECTION 2 of the bill, strike "Section 711.012"
1-62 and substitute "Section 712.008".
2-1 A BILL TO BE ENTITLED
2-2 AN ACT
2-3 relating to interment of a victim and an individual convicted of
2-4 the murder of the victim in the same cemetery; providing a civil
2-5 penalty.
2-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
2-7 SECTION 1. Subchapter A, Chapter 711, Health and Safety Code,
2-8 is amended by adding Section 711.012 to read as follows:
2-9 Sec. 711.012. LIMITATIONS ON BURIALS; DAMAGES. (a) An
2-10 individual, corporation, partnership, firm, trust, or association
2-11 that operates or owns a cemetery may not inter the remains of an
2-12 individual who may have murdered another person if:
2-13 (1) the murder victim is interred in that cemetery;
2-14 and
2-15 (2) the family of the victim gives a written notice to
2-16 the cemetery requesting the individual not be interred in that
2-17 cemetery if:
2-18 (A) the individual was convicted of murder under
2-19 Section 19.02 or 19.03, Penal Code, or under a similar statute of
2-20 another state;
2-21 (B) the individual was identified by a police or
2-22 autopsy report as the murderer; or
2-23 (C) the family of the victim alleges the family
2-24 has reason to believe the victim was murdered by the individual.
2-25 (b) For purposes of this section, "family" includes any
2-26 person listed in Sections 711.002(a)(1)-(5).
2-27 (c) An individual, corporation, partnership, firm, trust, or
2-28 association that violates Subsection (a) is liable to the family
2-29 for:
2-30 (1) any actual damages incurred;
2-31 (2) punitive damages not to exceed $100,000; and
2-32 (3) reasonable attorney's fees and court costs
2-33 incurred in an effort to enforce compliance with Subsection (a).
2-34 (d) The family of an individual who is refused interment
2-35 under this section may contest in court an allegation of murder by
2-36 the victim's family under Subsection (a)(2)(C).
2-37 (e) Damages under Subsection (c) or a civil penalty under
2-38 Section 712.0441 may not be assessed if the individual,
2-39 corporation, partnership, firm, trust, or association that operates
2-40 the cemetery proves by a preponderance of the evidence that:
2-41 (1) the cemetery is the only cemetery serving the
2-42 municipality or county in which the victim and murderer lived; and
2-43 (2) the bodies of the victim and murderer were placed
2-44 as far apart as possible in, or in different parts of, the
2-45 cemetery.
2-46 SECTION 2. Section 712.0441(a), Health and Safety Code, is
2-47 amended to read as follows:
2-48 (a) A corporation shall be subject to a civil penalty upon
2-49 the occurrence of any of the following violations:
2-50 (1) the corporation does not make a deposit in its
2-51 fund as required by Section 712.028;
2-52 (2) the corporation does not file a statement of funds
2-53 as required by Section 712.041; [or]
2-54 (3) the corporation does not pay the filing fee as
2-55 required by Section 712.042; or
2-56 (4) the corporation violates Section 711.012.
2-57 SECTION 3. This Act takes effect September 1, 2001.
2-58 * * * * *