Texas 2015 - 84th Regular

Texas Senate Bill SB656 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Eltife S.B. No. 656
2		-	(Parker)
	1	+	S.B. No. 656
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to perpetual care cemeteries.
8	6		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	7		SECTION 1. Subchapter B, Chapter 712, Health and Safety
10	8		Code, is amended by adding Section 712.020 to read as follows:
11	9		Sec. 712.020. CONFLICT WITH OTHER LAW. To the extent of any
12	10		conflict between this subchapter and Subtitle B, Title 9, Property
13	11		Code, this subchapter controls.
14	12		SECTION 2. Section 712.021(b), Health and Safety Code, is
15	13		amended to read as follows:
16	14		(b) Except as provided by Section 712.0255, the [The]
17	15		principal of the fund may not be reduced voluntarily, and it must
18	16		remain inviolable. The trustee shall maintain the principal of the
19	17		fund separate from all operating funds of the corporation.
20	18		SECTION 3. Subchapter B, Chapter 712, Health and Safety
21	19		Code, is amended by adding Section 712.0255 to read as follows:
22	20		Sec. 712.0255. JUDICIAL MODIFICATION OR TERMINATION OF
23	21		FUND. (a) The commissioner may petition a court to modify or
24	22		terminate a fund under Section 112.054, Property Code. In addition
25	23		to the grounds described by that section, the commissioner may
26	24		petition a court under that section if the income from the fund is
27	25		inadequate to maintain, repair, and care for the perpetual care
28	26		cemetery and another source for providing additional contributions
29	27		to the fund is unavailable.
30	28		(b) If feasible, the corporation for the perpetual care
31	29		cemetery and the trustee of the fund are necessary parties to an
32	30		action described by this section. A court may not modify or
33	31		terminate the fund without the consent of the commissioner.
34	32		(c) At the request or with the consent of the commissioner,
35	33		the court may order the distribution and transfer of all or a
36	34		portion of the assets in the fund to a nonprofit corporation,
37	35		municipality, county, or other appropriate person who is willing to
38	36		accept, continue to care for, and maintain the perpetual care
39	37		cemetery. A transfer under this subsection does not limit the
40	38		court's ability to modify or terminate the fund under an action
41	39		described by this section.
42	40		SECTION 4. Section 712.0441(d), Health and Safety Code, is
43	41		amended to read as follows:
44	42		(d) In addition to any penalty that may be imposed under
45	43		Subsection (a), the commissioner may bring a civil action against a
46	44		person [corporation] to enjoin a violation described in Subsection
47	45		(a) that has not been corrected within 30 days after the receipt by
48	46		the person [corporation] of written notice from the commissioner of
49	47		the violation. Any such civil action may be brought in a [the]
50	48		district court of Travis County or a [the] county in which the
51	49		[corporation's] perpetual care cemetery is operated.
52	50		SECTION 5. Section 712.0444, Health and Safety Code, is
53	51		amended by adding Subsections (a-1) and (d) and amending
54	52		Subsections (b) and (c) to read as follows:
55	53		(a-1) An emergency order must:
56	54		(1) state the grounds on which the order is granted;
57	55		(2) advise the person against whom the order is
58	56		directed that the order takes effect immediately;
59	57		(3) to the extent applicable, require the person to:
60	58		(A) immediately cease and desist from the conduct
61	59		or violation that is the basis of the order; or
62	60		(B) take the affirmative action stated in the
63	61		order as necessary to correct a condition resulting from the
64	62		conduct or violation that is the basis of the order or as otherwise
65	63		appropriate;
66	64		(4) be delivered by personal delivery or sent by
67	65		certified mail, return receipt requested, to the person at the
68	66		person's last known address; and
69	67		(5) notify the person against whom the order is
70	68		directed that the person may request a hearing on the order by
71	69		filing a written request for a hearing with the commissioner not
72	70		later than the 18th day after the date the order is delivered or
73	71		mailed, whichever is earlier.
74	72		(b) The emergency order takes effect as soon as the person
75	73		against whom the order is directed has actual or constructive
76	74		knowledge of the issuance of the order. An emergency order remains
77	75		in effect unless stayed by the commissioner.
78	76		(c) The person named in the emergency order may request in
79	77		writing, not later than the 18th day after the date the order is
80	78		delivered or mailed, whichever is earlier, a hearing to show that
81	79		the emergency order should be stayed. On receipt of the request,
82	80		the commissioner shall set a time for the hearing not later than the
83	81		21st day after the date the commissioner received the request,
84	82		unless extended at the request of the person named in the order.
85	83		(d) Unless the commissioner receives a written request for a
86	84		hearing in accordance with Subsection (c), the order is final on the
87	85		19th day after the date the order is delivered or mailed, whichever
88	86		is earlier, and may not be appealed.
89	87		SECTION 6. This Act takes effect immediately if it receives
90	88		a vote of two-thirds of all the members elected to each house, as
91	89		provided by Section 39, Article III, Texas Constitution. If this
92	90		Act does not receive the vote necessary for immediate effect, this
93	91		Act takes effect September 1, 2015.
	92	+	______________________________ ______________________________
	93	+	President of the Senate Speaker of the House
	94	+	I hereby certify that S.B. No. 656 passed the Senate on
	95	+	April 1, 2015, by the following vote: Yeas 30, Nays 0.
	96	+	______________________________
	97	+	Secretary of the Senate
	98	+	I hereby certify that S.B. No. 656 passed the House on
	99	+	April 30, 2015, by the following vote: Yeas 139, Nays 0, one
	100	+	present not voting.
	101	+	______________________________
	102	+	Chief Clerk of the House
	103	+	Approved:
	104	+	______________________________
	105	+	Date
	106	+	______________________________
	107	+	Governor