84R3383 KKR-D
 
  By: Perry S.B. No. 988
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the prohibited disposition of a decedent's remains by a
  person charged with certain criminal conduct against the decedent;
  providing an administrative penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act may be cited as the Holly Combs Act.
         SECTION 2.  Section 711.002(l), Health and Safety Code, is
  amended to read as follows:
         (l)  A person listed in Subsection (a) may not control the
  disposition of the decedent's remains if, in connection with the
  decedent's death, an indictment has been filed charging the person
  with a crime under Chapter 19, Penal Code, that involves family
  violence against the decedent. A person regulated under Chapter
  651, Occupations Code, who allows the person charged with a crime to
  control the disposition of the decedent's remains in violation of
  this subsection commits a prohibited practice under Section
  651.460, Occupations Code, and the Texas Funeral Service Commission
  may take disciplinary action or assess an administrative penalty
  against the regulated person under that chapter. 
         SECTION 3.  Section 651.460(a), Occupations Code, is amended
  to read as follows:
         (a)  A person violates this chapter if the person:
               (1)  arranges for funeral services or merchandise and
  fails to provide a customer with a purchase agreement as required by
  Section 651.406;
               (2)  fails to retain and make available to the
  commission, on request, copies of all price lists, written notices,
  embalming documents, and memoranda of agreement required by this
  chapter for two years after the date of distribution or signing;
               (3)  violates this chapter, a rule adopted under this
  chapter, an order by the commission revoking, suspending, or
  probating a license, an order assessing an administrative penalty,
  or an agreement to pay an administrative penalty;
               (4)  allows the use of a dead human body by an embalming
  establishment for research or educational purposes without
  complying with Section 651.407; [or]
               (5)  is associated with a funeral establishment,
  whether as an employee, agent, subcontractor, assignee, owner, or
  otherwise, and fails to comply with this chapter or a rule adopted
  under this chapter; or
               (6)  violates Section 711.002(l), Health and Safety
  Code.
         SECTION 4.  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, 2015.