S.B. No. 1821
AN ACT
relating to enforcement of the regulation of perpetual care
cemeteries.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 712.0034(a), Health and Safety Code, is
amended to read as follows:
(a) The commissioner may:
(1) investigate an applicant before issuing a
certificate of authority; and
(2) recover from the applicant reasonable costs the
commissioner incurs in the investigation.
SECTION 2. Subchapter C, Chapter 712, Health and Safety
Code, is amended by adding Section 712.0435 to read as follows:
Sec. 712.0435. INVESTIGATIONS. The commissioner may:
(1) conduct an investigation to administer and enforce
this chapter; and
(2) recover reasonable costs incurred by the
commissioner in the investigation from the subject of the
investigation if the commissioner determines a violation occurred.
SECTION 3. Section 712.0443, Health and Safety Code, is
amended by adding Subsection (c) to read as follows:
(c) If a cease and desist order issued under this section
names an officer, director, or employee of a perpetual care
cemetery, the order may require the person named in the order to
take corrective action to remedy the violation described by the
order.
SECTION 4. Subchapter C, Chapter 712, Health and Safety
Code, is amended by adding Section 712.045 to read as follows:
Sec. 712.045. REVOCATION OR SUSPENSION OF CERTIFICATE OF
AUTHORITY. (a) The commissioner by order may revoke or suspend a
certificate of authority issued under this chapter if the
commissioner determines through an investigation or other credible
evidence that the certificate holder:
(1) violated this chapter, a rule adopted or order
issued under this chapter, or another law of this state relating to
cemeteries;
(2) misrepresented or concealed a material fact in the
certificate application; or
(3) obtained or attempted to obtain the certificate by
misrepresentation, concealment, or fraud.
(b) An order issued under Subsection (a) must state:
(1) with reasonable certainty, the grounds for the
order; and
(2) the effective date of the order, which may not be
earlier than the 16th day after the date the order is mailed.
(c) The commissioner shall provide an order described by
Subsection (a) to the person named in the order by certified mail,
return receipt requested, at the person's last known address.
(d) A person may request a hearing on an order described by
Subsection (a) not later than the 15th day after the date the order
is mailed. If the person requests a hearing, the order is stayed
until the hearing is resolved. A hearing is a contested case under
Chapter 2001, Government Code.
SECTION 5. The changes in law made by this Act apply only to
a violation that occurs or an investigation conducted on or after
the effective date of this Act.
SECTION 6. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1821 passed the Senate on
April 11, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1821 passed the House on
May 14, 2019, by the following vote: Yeas 141, Nays 0, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor