85R739 JSC-F
By: Zaffirini S.B. No. 65
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of funeral services, funeral homes,
cemeteries, and crematories; imposing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 711.032, Health and Safety Code, is
amended by adding Subsections (c), (d), and (e) to read as follows:
(c) On receiving information or evidence that gives the
Texas Funeral Service Commission reason to believe that a cemetery
organization may have violated or may be violating this section,
the commission shall:
(1) notify the attorney general of the potential
violation; and
(2) as appropriate, request that the attorney general
bring an action for injunctive relief under Section 711.0515 or an
action to collect a civil penalty under Subsection (d).
(d) A person who violates this section is liable for a civil
penalty of not less than $50 or more than $25,000 for each
violation. Each day of a continuing violation constitutes a
separate violation. On request of the Texas Funeral Service
Commission, the attorney general may institute an action to collect
a civil penalty under this subsection.
(e) The attorney general may bring the action for injunctive
relief or for a civil penalty in Travis County or in the county in
which the violation of this section is alleged to have occurred.
SECTION 2. Section 711.0515, Health and Safety Code, is
amended to read as follows:
Sec. 711.0515. ENFORCEMENT BY ATTORNEY GENERAL; INJUNCTIVE
RELIEF. In addition to bringing an action under Section 711.051,
the attorney general at the request of the Texas Funeral Service
Commission or on the attorney general's own initiative may bring an
action for injunctive relief to enforce this chapter or a rule or
order adopted by the commission under this chapter.
SECTION 3. (a) Sections 711.032(c) and (d), Health and
Safety Code, as added by this Act, apply only to a violation that
occurs on or after the effective date of this Act. A violation that
occurs before the effective date of this Act is governed by the law
in effect on the date the violation was committed, and the former
law is continued in effect for that purpose.
(b) Section 711.032(e), Health and Safety Code, as added by
this Act, and Section 711.0515, Health and Safety Code, as amended
by this Act, apply to an action brought on or after the effective
date of this Act, regardless of whether the violation giving rise to
that action occurred on, before, or after that date.
SECTION 4. This Act takes effect September 1, 2017.