Texas House Bill HB2495

Texas 2011 - 82nd Regular

• Introduced: 3/8/11
• Out of House Committee: 4/14/11
• Refer: 3/14/11
• Voted on by House: 4/29/11
• Out of Senate Committee: 5/10/11
• Refer: 3/22/11
• Voted on by Senate: 5/17/11
• Report Pass: 4/5/11
• Governor Action: 6/17/11
• Engrossed: 4/29/11
• Refer: 5/4/11
• Report Pass: 5/10/11
• Enrolled: 5/18/11
• Passed: 6/17/11

Caption

Relating to cemeteries and perpetual care cemetery corporations; providing a penalty.

Impact

The changes established by HB 2495 have significant implications for the Health and Safety Code regarding cemeteries. The bill amends existing regulations by clarifying operational requirements for perpetual care cemeteries, such as mandatory construction standards for lawn crypts and a legal framework for resolving issues related to compliance failures. These amendments are pivotal for protecting consumers and ensuring that cemeteries fulfill their perpetual care responsibilities, which include the maintenance of cemeteries in good standing.

Summary

House Bill 2495 addresses the regulation of cemeteries and the operation of perpetual care cemetery corporations in Texas. Key amendments of this bill include the definition of cemetery organizations, the rights concerning the final disposition of a decedent's remains, and specific requirements for the construction and operation of lawn crypts. The bill aims to ensure that perpetual care cemeteries properly manage their operations and funds in a way that protects the interests of plot owners. It sets clear guidelines concerning the rights of individuals who may control the disposition of remains when the primary person responsible fails to act within certain time frames.

Contention

Notable points of contention surrounding HB 2495 may arise from the balance it strikes between regulation and the operational freedoms of perpetual care cemeteries. Opponents might argue that stricter regulations could impose unnecessary burdens on smaller cemetery operators, potentially driving them out of business. Additionally, the provisions relating to the termination of rights concerning the disposition of remains could lead to disputes among family members regarding who holds the authority after a death, especially in cases where relationships are strained.