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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforcement of regulations governing cemetery |
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organizations, cemetery corporations, cemeteries, and crematories; |
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imposing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 711.032, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 711.032. DISCRIMINATION BY RACE, COLOR, OR NATIONAL |
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ORIGIN PROHIBITED; CIVIL PENALTY. |
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SECTION 2. Section 711.032, Health and Safety Code, is |
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amended by adding Subsections (c), (d), and (e) to read as follows: |
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(c) On receiving information or evidence that gives the |
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Texas Funeral Service Commission reason to believe that a cemetery |
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organization may have violated or may be violating this section, |
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the commission shall: |
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(1) notify the attorney general of the potential |
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violation; and |
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(2) as appropriate, request the attorney general to |
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bring an action for injunctive relief under Section 711.0515 or an |
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action to collect a civil penalty under Subsection (d). |
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(d) A person who violates this section is liable for a civil |
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penalty of not less than $50 or more than $25,000 for each |
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violation. Each day of a continuing violation constitutes a |
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separate violation. On request of the Texas Funeral Service |
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Commission, the attorney general may institute an action to collect |
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a civil penalty under this subsection. |
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(e) The attorney general may bring the action for injunctive |
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relief or for a civil penalty in Travis County or in the county in |
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which the violation of this section is alleged to have occurred. |
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SECTION 3. Section 711.0515, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 711.0515. ENFORCEMENT BY ATTORNEY GENERAL; INJUNCTIVE |
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RELIEF. In addition to bringing an action under Section 711.051, |
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the attorney general at the request of the Texas Funeral Service |
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Commission or on the attorney general's own initiative may bring an |
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action for injunctive relief to enforce this chapter or a rule or |
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order adopted by the commission under this chapter. |
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SECTION 4. (a) Sections 711.032(c) and (d), Health and |
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Safety Code, as added by this Act, apply only to a violation that |
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occurs on or after the effective date of this Act. A violation that |
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occurs before the effective date of this Act is governed by the law |
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in effect on the date the violation was committed, and the former |
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law is continued in effect for that purpose. |
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(b) Section 711.032(e), Health and Safety Code, as added by |
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this Act, and Section 711.0515, Health and Safety Code, as amended |
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by this Act, apply to an action brought on or after the effective |
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date of this Act, regardless of whether the violation giving rise to |
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that action occurred on, before, or after that date. |
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SECTION 5. This Act takes effect September 1, 2019. |