84R8550 SCL-F
By: Eltife S.B. No. 656
A BILL TO BE ENTITLED
AN ACT
relating to perpetual care cemeteries.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 712, Health and Safety
Code, is amended by adding Section 712.020 to read as follows:
Sec. 712.020. CONFLICT WITH OTHER LAW. To the extent of any
conflict between this subchapter and Subtitle B, Title 9, Property
Code, this subchapter controls.
SECTION 2. Section 712.021(b), Health and Safety Code, is
amended to read as follows:
(b) Except as provided by Section 712.0255, the [The]
principal of the fund may not be reduced voluntarily, and it must
remain inviolable. The trustee shall maintain the principal of the
fund separate from all operating funds of the corporation.
SECTION 3. Subchapter B, Chapter 712, Health and Safety
Code, is amended by adding Section 712.0255 to read as follows:
Sec. 712.0255. JUDICIAL MODIFICATION OR TERMINATION OF
FUND. (a) The commissioner may petition a court to modify or
terminate a fund under Section 112.054, Property Code. In addition
to the grounds described by that section, the commissioner may
petition a court under that section if the income from the fund is
inadequate to maintain, repair, and care for the perpetual care
cemetery and another source for providing additional contributions
to the fund is unavailable.
(b) If feasible, the corporation for the perpetual care
cemetery and the trustee of the fund are necessary parties to an
action described by this section. A court may not modify or
terminate the fund without the consent of the commissioner.
(c) At the request or with the consent of the commissioner,
the court may order the distribution and transfer of all or a
portion of the assets in the fund to a nonprofit corporation,
municipality, county, or other appropriate person who is willing to
accept, continue to care for, and maintain the perpetual care
cemetery. A transfer under this subsection does not limit the
court's ability to modify or terminate the fund under an action
described by this section.
SECTION 4. Section 712.0441(d), Health and Safety Code, is
amended to read as follows:
(d) In addition to any penalty that may be imposed under
Subsection (a), the commissioner may bring a civil action against a
person [corporation] to enjoin a violation described in Subsection
(a) that has not been corrected within 30 days after the receipt by
the person [corporation] of written notice from the commissioner of
the violation. Any such civil action may be brought in a [the]
district court of Travis County or a [the] county in which the
[corporation's] perpetual care cemetery is operated.
SECTION 5. Section 712.0444, Health and Safety Code, is
amended by adding Subsections (a-1) and (d) and amending
Subsections (b) and (c) to read as follows:
(a-1) An emergency order must:
(1) state the grounds on which the order is granted;
(2) advise the person against whom the order is
directed that the order takes effect immediately;
(3) to the extent applicable, require the person to:
(A) immediately cease and desist from the conduct
or violation that is the basis of the order; or
(B) take the affirmative action stated in the
order as necessary to correct a condition resulting from the
conduct or violation that is the basis of the order or as otherwise
appropriate;
(4) be delivered by personal delivery or sent by
certified mail, return receipt requested, to the person at the
person's last known address; and
(5) notify the person against whom the order is
directed that the person may request a hearing on the order by
filing a written request for a hearing with the commissioner not
later than the 18th day after the date the order is delivered or
mailed, whichever is earlier.
(b) The emergency order takes effect as soon as the person
against whom the order is directed has actual or constructive
knowledge of the issuance of the order. An emergency order remains
in effect unless stayed by the commissioner.
(c) The person named in the emergency order may request in
writing, not later than the 18th day after the date the order is
delivered or mailed, whichever is earlier, a hearing to show that
the emergency order should be stayed. On receipt of the request,
the commissioner shall set a time for the hearing not later than the
21st day after the date the commissioner received the request,
unless extended at the request of the person named in the order.
(d) Unless the commissioner receives a written request for a
hearing in accordance with Subsection (c), the order is final on the
19th day after the date the order is delivered or mailed, whichever
is earlier, and may not be appealed.
SECTION 6. 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.