Texas 2019 - 86th Regular

Texas Senate Bill SB1821 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1821
	1	+	By: Campbell S.B. No. 1821
	2	+	(Flynn)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to enforcement of the regulation of perpetual care
6	8		cemeteries.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Section 712.0034(a), Health and Safety Code, is
9	11		amended to read as follows:
10	12		(a) The commissioner may:
11	13		(1) investigate an applicant before issuing a
12	14		certificate of authority; and
13	15		(2) recover from the applicant reasonable costs the
14	16		commissioner incurs in the investigation.
15	17		SECTION 2. Subchapter C, Chapter 712, Health and Safety
16	18		Code, is amended by adding Section 712.0435 to read as follows:
17	19		Sec. 712.0435. INVESTIGATIONS. The commissioner may:
18	20		(1) conduct an investigation to administer and enforce
19	21		this chapter; and
20	22		(2) recover reasonable costs incurred by the
21	23		commissioner in the investigation from the subject of the
22	24		investigation if the commissioner determines a violation occurred.
23	25		SECTION 3. Section 712.0443, Health and Safety Code, is
24	26		amended by adding Subsection (c) to read as follows:
25	27		(c) If a cease and desist order issued under this section
26	28		names an officer, director, or employee of a perpetual care
27	29		cemetery, the order may require the person named in the order to
28	30		take corrective action to remedy the violation described by the
29	31		order.
30	32		SECTION 4. Subchapter C, Chapter 712, Health and Safety
31	33		Code, is amended by adding Section 712.045 to read as follows:
32	34		Sec. 712.045. REVOCATION OR SUSPENSION OF CERTIFICATE OF
33	35		AUTHORITY. (a) The commissioner by order may revoke or suspend a
34	36		certificate of authority issued under this chapter if the
35	37		commissioner determines through an investigation or other credible
36	38		evidence that the certificate holder:
37	39		(1) violated this chapter, a rule adopted or order
38	40		issued under this chapter, or another law of this state relating to
39	41		cemeteries;
40	42		(2) misrepresented or concealed a material fact in the
41	43		certificate application; or
42	44		(3) obtained or attempted to obtain the certificate by
43	45		misrepresentation, concealment, or fraud.
44	46		(b) An order issued under Subsection (a) must state:
45	47		(1) with reasonable certainty, the grounds for the
46	48		order; and
47	49		(2) the effective date of the order, which may not be
48	50		earlier than the 16th day after the date the order is mailed.
49	51		(c) The commissioner shall provide an order described by
50	52		Subsection (a) to the person named in the order by certified mail,
51	53		return receipt requested, at the person's last known address.
52	54		(d) A person may request a hearing on an order described by
53	55		Subsection (a) not later than the 15th day after the date the order
54	56		is mailed. If the person requests a hearing, the order is stayed
55	57		until the hearing is resolved. A hearing is a contested case under
56	58		Chapter 2001, Government Code.
57	59		SECTION 5. The changes in law made by this Act apply only to
58	60		a violation that occurs or an investigation conducted on or after
59	61		the effective date of this Act.
60	62		SECTION 6. This Act takes effect September 1, 2019.
61		-	______________________________ ______________________________
62		-	President of the Senate Speaker of the House
63		-	I hereby certify that S.B. No. 1821 passed the Senate on
64		-	April 11, 2019, by the following vote: Yeas 31, Nays 0.
65		-	______________________________
66		-	Secretary of the Senate
67		-	I hereby certify that S.B. No. 1821 passed the House on
68		-	May 14, 2019, by the following vote: Yeas 141, Nays 0, two
69		-	present not voting.
70		-	______________________________
71		-	Chief Clerk of the House
72		-	Approved:
73		-	______________________________
74		-	Date
75		-	______________________________
76		-	Governor