Texas 2023 - 88th Regular

Texas Senate Bill SB1855

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to a location restriction exemption and requirements for funeral establishments to operate a columbarium.

Impact

The proposed changes have significant implications for state laws governing funeral operations and cemetery management. By allowing these exemptions, SB1855 potentially expands the availability of columbariums, catering to communities that may wish to adhere to specific religious traditions in their funeral practices. The bill introduces a requirement for funeral establishments that establish columbariums to create a perpetual care trust fund, which ensures ongoing maintenance and care of the facilities. This change aims to maintain standards for the upkeep of the premises, thereby providing additional assurance to families considering cremation.

Summary

SB1855 is a legislative proposal that amends existing Texas law related to funeral establishments and the operation of columbariums. The bill seeks to exempt certain locations from existing restrictions, thereby allowing organized religious societies and sects, as well as specific private and independent institutions, to establish columbariums for the interment of cremated remains. This legislation reflects an effort to facilitate the establishment of such facilities in locations that align with religious practices, particularly those that are directly associated with places of worship or educational institutions affiliated with religious organizations.

Sentiment

Overall, the sentiment surrounding SB1855 seems to be cautiously optimistic among proponents who see the bill as a positive step toward accommodating the needs of religious communities and enhancing the options available for cremated remains' final resting places. However, there may be concerns regarding the implementation of the trust fund and the impact on existing regulations and practices within the funeral industry. Some stakeholders might worry about the sufficiency of oversight concerning the establishment of such facilities, depending on how effectively the provisions in the bill are enforced.

Contention

Notable points of contention regarding SB1855 center around the balance between facilitating religious practices and ensuring proper regulatory oversight. While proponents advocate for the bill as a means to respect and cater to diverse religious beliefs regarding interment practices, critics might argue about the adequacy of the regulatory framework ensuring that these facilities operate in compliance with state health and safety codes. Additionally, there may be concerns about the potential for abuse or the establishment of facilities that do not meet necessary standards for care and maintenance, particularly if oversight is perceived as lacking.

Texas Constitutional Statutes Affected

Health And Safety Code

  • Chapter 711. General Provisions Relating To Cemeteries
    • Section: 008
    • Section: New Section

Occupations Code

  • Chapter 651. Crematory Services, Funeral Directing, And Embalming
    • Section: New Section

Companion Bills

No companion bills found.

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