Texas 2015 - 84th Regular

Texas Senate Bill SB988 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Perry S.B. No. 988
2		-	(Frullo, Burrows)
	1	+	S.B. No. 988
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the prohibited disposition of a decedent's remains by a
8	6		person charged with certain criminal conduct against the decedent;
9	7		providing an administrative penalty.
10	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	9		SECTION 1. This Act may be cited as the Holly Combs Act.
12	10		SECTION 2. Section 711.002(l), Health and Safety Code, is
13	11		amended to read as follows:
14	12		(l) A person listed in Subsection (a) may not control the
15	13		disposition of the decedent's remains if, in connection with the
16	14		decedent's death, an indictment has been filed charging the person
17	15		with a crime under Chapter 19, Penal Code, that involves family
18	16		violence against the decedent. A person regulated under Chapter
19	17		651, Occupations Code, who knowingly allows the person charged with
20	18		a crime to control the disposition of the decedent's remains in
21	19		violation of this subsection commits a prohibited practice under
22	20		Section 651.460, Occupations Code, and the Texas Funeral Service
23	21		Commission may take disciplinary action or assess an administrative
24	22		penalty against the regulated person under that chapter.
25	23		SECTION 3. Section 651.460(a), Occupations Code, is amended
26	24		to read as follows:
27	25		(a) A person violates this chapter if the person:
28	26		(1) arranges for funeral services or merchandise and
29	27		fails to provide a customer with a purchase agreement as required by
30	28		Section 651.406;
31	29		(2) fails to retain and make available to the
32	30		commission, on request, copies of all price lists, written notices,
33	31		embalming documents, and memoranda of agreement required by this
34	32		chapter for two years after the date of distribution or signing;
35	33		(3) violates this chapter, a rule adopted under this
36	34		chapter, an order by the commission revoking, suspending, or
37	35		probating a license, an order assessing an administrative penalty,
38	36		or an agreement to pay an administrative penalty;
39	37		(4) allows the use of a dead human body by an embalming
40	38		establishment for research or educational purposes without
41	39		complying with Section 651.407; [or]
42	40		(5) is associated with a funeral establishment,
43	41		whether as an employee, agent, subcontractor, assignee, owner, or
44	42		otherwise, and fails to comply with this chapter or a rule adopted
45	43		under this chapter; or
46	44		(6) knowingly violates Section 711.002(l), Health and
47	45		Safety Code.
48	46		SECTION 4. This Act takes effect immediately if it receives
49	47		a vote of two-thirds of all the members elected to each house, as
50	48		provided by Section 39, Article III, Texas Constitution. If this
51	49		Act does not receive the vote necessary for immediate effect, this
52	50		Act takes effect September 1, 2015.
	51	+	______________________________ ______________________________
	52	+	President of the Senate Speaker of the House
	53	+	I hereby certify that S.B. No. 988 passed the Senate on
	54	+	April 23, 2015, by the following vote: Yeas 30, Nays 0.
	55	+	______________________________
	56	+	Secretary of the Senate
	57	+	I hereby certify that S.B. No. 988 passed the House on
	58	+	May 22, 2015, by the following vote: Yeas 140, Nays 0, two
	59	+	present not voting.
	60	+	______________________________
	61	+	Chief Clerk of the House
	62	+	Approved:
	63	+	______________________________
	64	+	Date
	65	+	______________________________
	66	+	Governor