| 5 | 3 | | |
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| 6 | 4 | | |
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| 7 | 5 | | A BILL TO BE ENTITLED |
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| 8 | 6 | | AN ACT |
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| 9 | 7 | | relating to a transfer of ownership for a perpetual care cemetery. |
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| 10 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 9 | | SECTION 1. Subchapter A, Chapter 712, Health and Safety |
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| 12 | 10 | | Code, is amended by adding Section 712.00391 to read as follows: |
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| 13 | 11 | | Sec. 712.00391. TRANSFER OF BUSINESS OWNERSHIP; DUTIES OF |
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| 14 | 12 | | NEW CERTIFICATE HOLDER. (a) In this section, "transferor" means a |
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| 15 | 13 | | certificate holder who transfers the holder's ownership of a |
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| 16 | 14 | | perpetual care cemetery to another person. |
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| 17 | 15 | | (b) On the transfer of the business ownership of a perpetual |
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| 18 | 16 | | care cemetery, the new certificate holder may not modify the terms, |
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| 19 | 17 | | including the amount of any fees for maintenance or upkeep of the |
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| 20 | 18 | | cemetery, of a prepaid funeral contract entered into by the plot |
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| 21 | 19 | | owner and the transferor without the plot owner's agreement. |
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| 22 | 20 | | (c) Not later than 60 days after the date a transfer of |
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| 23 | 21 | | ownership of a perpetual care cemetery described by Section |
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| 24 | 22 | | 712.0039(b) is executed, the new certificate holder shall: |
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| 25 | 23 | | (1) notify each plot owner: |
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| 26 | 24 | | (A) of the transfer of ownership and the identity |
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| 27 | 25 | | of the new certificate holder; and |
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| 28 | 26 | | (B) that the new certificate holder may not |
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| 29 | 27 | | modify the terms of a prepaid funeral contract entered into by the |
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| 30 | 28 | | plot owner and the transferor; and |
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| 31 | | - | (2) provide to each plot owner the costs outlined in |
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| 32 | | - | the prepaid funeral contract entered into by the plot owner and the |
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| 33 | | - | transferor. |
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| 34 | | - | (d) The new certificate holder may provide the notice and |
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| 35 | | - | costs outlined in the prepaid funeral contract to a plot owner as |
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| 36 | | - | required by Subsection (c) by mail, e-mail, telephone, or in any |
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| 37 | | - | other manner that ensures the plot owner will receive the notice and |
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| 38 | | - | costs. |
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| 39 | | - | (e) During a transfer of ownership and for at least 120 days |
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| 29 | + | (2) provide the costs outlined in the prepaid funeral |
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| 30 | + | contract entered into by the plot owner and the transferor. |
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| 31 | + | (d) During a transfer of ownership and for at least 120 days |
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| 40 | 32 | | following the transfer, a perpetual care cemetery must have a |
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| 41 | 33 | | representative available to provide assistance to a plot owner or |
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| 42 | 34 | | the owner's immediate family members or authorized representative. |
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| 43 | 35 | | The assistance must be provided in English and Spanish or, if |
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| 44 | 36 | | applicable, English and any other language spoken by a substantial |
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| 45 | 37 | | portion of the individuals residing in the area in which the |
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| 46 | 38 | | perpetual care cemetery is located. |
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| 47 | 39 | | SECTION 2. Section 712.00391, Health and Safety Code, as |
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| 48 | 40 | | added by this Act, applies to a transfer in business ownership of a |
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| 49 | 41 | | perpetual care cemetery that occurs on or after the effective date |
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| 50 | 42 | | of this Act. A transfer in business ownership that occurs before |
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| 51 | 43 | | that date is governed by the law in effect on the date the transfer |
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| 52 | 44 | | occurred, and that law is continued in effect for that purpose. |
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| 53 | 45 | | SECTION 3. This Act takes effect September 1, 2021. |
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