Texas House Bill HB2636

Texas 2019 - 86th Regular

Caption

Relating to enforcement of the regulation of perpetual care cemeteries.

Impact

The bill empowers the commissioner of health with the ability to investigate applicants before issuing certificates of authority and allows for the recovery of costs incurred during such investigations. It introduces provisions allowing the commissioner to take action against individuals associated with perpetual care cemeteries who are found to violate regulations, thus strengthening the enforcement mechanisms surrounding cemetery operations. This change could lead to greater oversight and potentially higher standards within the industry, ultimately protecting consumer interests and maintaining the integrity of cemetery services.

Summary

House Bill 2636 focuses on the enforcement of regulations concerning perpetual care cemeteries. It amends the Health and Safety Code to provide clearer authority for the commissioner to conduct investigations into applicants and existing certificate holders of perpetual care cemeteries. This legislative change aims to enhance the accountability of cemetery operators, ensuring compliance with established regulations and addressing any potential violations more efficiently.

Contention

While the bill is positioned as a means to enhance regulatory oversight, there could be concerns regarding the implications for existing cemetery operators. Opponents may argue that increased scrutiny and the potential for penalties could impose additional burdens on responsible operators, particularly smaller, family-run cemeteries. The requirement for the commissioner to provide a clear basis for any enforcement actions could also lead to discussions about the due process rights of those who may be subject to investigations or penalties, balancing the need for regulation with the rights of businesses.