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A BILL TO BE ENTITLED
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AN ACT
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relating to regulation of and access to certain cemeteries; |
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providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 711.012(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) The Texas Funeral Service Commission may enforce |
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Section 711.052 and may adopt rules, establish procedures, and |
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prescribe forms to enforce and administer Sections 711.003, |
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711.008, 711.010, 711.011, 711.021-711.035, 711.038, 711.041, |
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711.042, 711.061, and 711.062 relating to cemeteries that are not |
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perpetual care cemeteries. |
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SECTION 2. Section 711.052(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A person who is an individual, firm, association, |
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corporation, or municipality, or an officer, agent, or employee of |
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an individual, firm, association, corporation, or municipality, |
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commits an offense if the person: |
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(1) engages in a business for cemetery purposes in |
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this state other than through a corporation organized for that |
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purpose, if a corporation is required by law; |
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(2) fails or refuses to keep records of interment as |
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required by Sections 711.003 and 711.004; |
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(3) sells, offers to sell, or advertises for sale a |
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plot or the exclusive right of sepulture in a plot for purposes of |
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speculation or investment; [or] |
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(4) represents through advertising or printed |
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material that a retail department will be established for the |
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resale of the plots of plot purchasers, that specific improvements |
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will be made in the cemetery, or that specific merchandise or |
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services will be furnished to a plot owner, unless adequate funds or |
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reserves are created by the cemetery organization for the |
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represented purpose; or |
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(5) interferes with a person's right to reasonable |
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ingress and egress under Section 711.041. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before that |
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date. |
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SECTION 4. This Act takes effect September 1, 2009. |