Texas House Bill HB2029

Texas 2011 - 82nd Regular

• Out of House Committee: 4/19/11
• Introduced: 3/2/11
• Voted on by House: 5/7/11
• Refer: 3/7/11
• Report Pass: 4/12/11
• Engrossed: 5/7/11
• Refer: 5/10/11

Caption

Relating to the sale of a cemetery plot; providing penalties.

Impact

The bill significantly alters the existing legal landscape surrounding cemetery sales and practices in Texas, enhancing oversight of cemetery brokers. By requiring registration and imposing administrative controls, HB2029 is likely to reduce fraudulent activities within the cemetery business. The Texas Department of Banking will manage these regulations, ensuring that cemetery brokers adhere to state-established guidelines, thereby potentially increasing consumer protection during such transactions.

Summary

House Bill 2029 focuses on the regulation of cemetery brokers and the sale of cemetery plots in Texas. The bill introduces new definitions and responsibilities regarding the resale of cemetery plots, specifically citing that a person cannot act as a cemetery broker unless registered or exempt under specific conditions. It establishes guidelines for maintaining records of such sales and mandates that cemetery brokers follow the rules of the cemetery organization related to plot transactions. Additionally, it outlines the registration process for cemetery brokers, ensuring that those who represent the sale of interment rights comply with state law.

Contention

Despite its well-meaning intentions, some concerns have been raised about whether the regulatory measures may create unwarranted barriers for individuals wishing to sell cemetery plots through informal means. Critics might argue that the added bureaucratic requirements could stifle the market and complicate transactions that traditionally had been straightforward. Conversely, supporters contend that the oversight will prevent exploitation and ensure fair practices in cemetery sales, enhancing transparency for consumers who are navigating the complexities of purchasing interment rights.