| 1 | 1 | | 84R3383 KKR-D |
|---|
| 2 | 2 | | By: Burrows H.B. No. 3757 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the prohibited disposition of a decedent's remains by a |
|---|
| 8 | 8 | | person charged with certain criminal conduct against the decedent; |
|---|
| 9 | 9 | | providing an administrative penalty. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. This Act may be cited as the Holly Combs Act. |
|---|
| 12 | 12 | | SECTION 2. Section 711.002(l), Health and Safety Code, is |
|---|
| 13 | 13 | | amended to read as follows: |
|---|
| 14 | 14 | | (l) A person listed in Subsection (a) may not control the |
|---|
| 15 | 15 | | disposition of the decedent's remains if, in connection with the |
|---|
| 16 | 16 | | decedent's death, an indictment has been filed charging the person |
|---|
| 17 | 17 | | with a crime under Chapter 19, Penal Code, that involves family |
|---|
| 18 | 18 | | violence against the decedent. A person regulated under Chapter |
|---|
| 19 | 19 | | 651, Occupations Code, who allows the person charged with a crime to |
|---|
| 20 | 20 | | control the disposition of the decedent's remains in violation of |
|---|
| 21 | 21 | | this subsection commits a prohibited practice under Section |
|---|
| 22 | 22 | | 651.460, Occupations Code, and the Texas Funeral Service Commission |
|---|
| 23 | 23 | | may take disciplinary action or assess an administrative penalty |
|---|
| 24 | 24 | | against the regulated person under that chapter. |
|---|
| 25 | 25 | | SECTION 3. Section 651.460(a), Occupations Code, is amended |
|---|
| 26 | 26 | | to read as follows: |
|---|
| 27 | 27 | | (a) A person violates this chapter if the person: |
|---|
| 28 | 28 | | (1) arranges for funeral services or merchandise and |
|---|
| 29 | 29 | | fails to provide a customer with a purchase agreement as required by |
|---|
| 30 | 30 | | Section 651.406; |
|---|
| 31 | 31 | | (2) fails to retain and make available to the |
|---|
| 32 | 32 | | commission, on request, copies of all price lists, written notices, |
|---|
| 33 | 33 | | embalming documents, and memoranda of agreement required by this |
|---|
| 34 | 34 | | chapter for two years after the date of distribution or signing; |
|---|
| 35 | 35 | | (3) violates this chapter, a rule adopted under this |
|---|
| 36 | 36 | | chapter, an order by the commission revoking, suspending, or |
|---|
| 37 | 37 | | probating a license, an order assessing an administrative penalty, |
|---|
| 38 | 38 | | or an agreement to pay an administrative penalty; |
|---|
| 39 | 39 | | (4) allows the use of a dead human body by an embalming |
|---|
| 40 | 40 | | establishment for research or educational purposes without |
|---|
| 41 | 41 | | complying with Section 651.407; [or] |
|---|
| 42 | 42 | | (5) is associated with a funeral establishment, |
|---|
| 43 | 43 | | whether as an employee, agent, subcontractor, assignee, owner, or |
|---|
| 44 | 44 | | otherwise, and fails to comply with this chapter or a rule adopted |
|---|
| 45 | 45 | | under this chapter; or |
|---|
| 46 | 46 | | (6) violates Section 711.002(l), Health and Safety |
|---|
| 47 | 47 | | Code. |
|---|
| 48 | 48 | | SECTION 4. This Act takes effect immediately if it receives |
|---|
| 49 | 49 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 50 | 50 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 51 | 51 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 52 | 52 | | Act takes effect September 1, 2015. |
|---|