80R6112 MSE-F
 
  By: Chisum H.B. No. 1619
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to fees charged by a perpetual care cemetery.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 651.4055(b), Occupations Code, is
amended to read as follows:
       (b)  A retail price list must contain:
             (1)  the name, address, and telephone number of the
cemetery or crematory;
             (2)  the effective date for the stated prices;
             (3)  notice required by Subsection (c);
             (4)  if the cemetery is a perpetual care cemetery, the
retail price of any item or service listed in Section 601.405(a)
that the cemetery provides; and
             (5) [(4)]  any other items that the commission may by
rule require.
       SECTION 2.  Subchapter C, Chapter 712, Health and Safety
Code, is amended by adding Section 712.049 to read as follows:
       Sec. 712.049.  SERVICE FEES. A perpetual care cemetery may
only charge a customer a fee to install or maintain an item that a
customer supplies that is in an amount sufficient to cover the
cemetery's costs for the installation or maintenance.
       SECTION 3.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2007.