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AN ACT
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relating to the prohibited disposition of a decedent's remains by a |
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person charged with certain criminal conduct against the decedent; |
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providing an administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Holly Combs Act. |
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SECTION 2. Section 711.002(l), Health and Safety Code, is |
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amended to read as follows: |
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(l) A person listed in Subsection (a) may not control the |
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disposition of the decedent's remains if, in connection with the |
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decedent's death, an indictment has been filed charging the person |
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with a crime under Chapter 19, Penal Code, that involves family |
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violence against the decedent. A person regulated under Chapter |
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651, Occupations Code, who knowingly allows the person charged with |
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a crime to control the disposition of the decedent's remains in |
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violation of this subsection commits a prohibited practice under |
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Section 651.460, Occupations Code, and the Texas Funeral Service |
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Commission may take disciplinary action or assess an administrative |
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penalty against the regulated person under that chapter. |
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SECTION 3. Section 651.460(a), Occupations Code, is amended |
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to read as follows: |
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(a) A person violates this chapter if the person: |
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(1) arranges for funeral services or merchandise and |
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fails to provide a customer with a purchase agreement as required by |
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Section 651.406; |
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(2) fails to retain and make available to the |
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commission, on request, copies of all price lists, written notices, |
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embalming documents, and memoranda of agreement required by this |
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chapter for two years after the date of distribution or signing; |
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(3) violates this chapter, a rule adopted under this |
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chapter, an order by the commission revoking, suspending, or |
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probating a license, an order assessing an administrative penalty, |
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or an agreement to pay an administrative penalty; |
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(4) allows the use of a dead human body by an embalming |
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establishment for research or educational purposes without |
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complying with Section 651.407; [or] |
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(5) is associated with a funeral establishment, |
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whether as an employee, agent, subcontractor, assignee, owner, or |
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otherwise, and fails to comply with this chapter or a rule adopted |
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under this chapter; or |
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(6) knowingly violates Section 711.002(l), Health and |
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Safety Code. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 988 passed the Senate on |
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April 23, 2015, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 988 passed the House on |
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May 22, 2015, by the following vote: Yeas 140, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |