Texas 2019 - 86th Regular

Texas House Bill HB2636 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R11527 SCL-F
2	2	By: Flynn H.B. No. 2636
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to enforcement of the regulation of perpetual care
8	8	cemeteries.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 712.0034(a), Health and Safety Code, is
11	11	amended to read as follows:
12	12	(a) The commissioner may:
13	13	(1) investigate an applicant before issuing a
14	14	certificate of authority; and
15	15	(2) recover from the applicant reasonable costs the
16	16	commissioner incurs in the investigation.
17	17	SECTION 2. Subchapter C, Chapter 712, Health and Safety
18	18	Code, is amended by adding Section 712.0435 to read as follows:
19	19	Sec. 712.0435. INVESTIGATIONS. The commissioner may:
20	20	(1) conduct an investigation to administer and enforce
21	21	this chapter; and
22	22	(2) recover reasonable costs incurred by the
23	23	commissioner in the investigation from the subject of the
24	24	investigation if the commissioner determines a violation occurred.
25	25	SECTION 3. Section 712.0443, Health and Safety Code, is
26	26	amended by adding Subsection (c) to read as follows:
27	27	(c) If a cease and desist order issued under this section
28	28	names an officer, director, or employee of a perpetual care
29	29	cemetery, the order may require the person named in the order to
30	30	take corrective action to remedy the violation described by the
31	31	order.
32	32	SECTION 4. Subchapter C, Chapter 712, Health and Safety
33	33	Code, is amended by adding Section 712.045 to read as follows:
34	34	Sec. 712.045. REVOCATION OR SUSPENSION OF CERTIFICATE OF
35	35	AUTHORITY. (a) The commissioner by order may revoke or suspend a
36	36	certificate of authority issued under this chapter if the
37	37	commissioner determines through an investigation or other credible
38	38	evidence that the certificate holder:
39	39	(1) violated this chapter, a rule adopted or order
40	40	issued under this chapter, or another law of this state relating to
41	41	cemeteries;
42	42	(2) misrepresented or concealed a material fact in the
43	43	certificate application; or
44	44	(3) obtained or attempted to obtain the certificate by
45	45	misrepresentation, concealment, or fraud.
46	46	(b) An order issued under Subsection (a) must state:
47	47	(1) with reasonable certainty, the grounds for the
48	48	order; and
49	49	(2) the effective date of the order, which may not be
50	50	earlier than the 16th day after the date the order is mailed.
51	51	(c) The commissioner shall provide an order described by
52	52	Subsection (a) to the person named in the order by certified mail,
53	53	return receipt requested, at the person's last known address.
54	54	(d) A person may request a hearing on an order described by
55	55	Subsection (a) not later than the 15th day after the date the order
56	56	is mailed. If the person requests a hearing, the order is stayed
57	57	until the hearing is resolved. A hearing is a contested case under
58	58	Chapter 2001, Government Code.
59	59	SECTION 5. The changes in law made by this Act apply only to
60	60	a violation that occurs or an investigation conducted on or after
61	61	the effective date of this Act.
62	62	SECTION 6. This Act takes effect September 1, 2019.