Relating to rules adopted and enforced by cemetery organizations on markers, memorials, and effigies; authorizing a civil penalty.
Impact
A key feature of SB592 is the introduction of civil penalties for cemetery organizations that impose excessive restrictions on consumers regarding the purchase and installation of markers and memorials. Specifically, the bill prohibits cemetery organizations from adopting rules that could limit the businesses from which plot owners may purchase markers or contract for their installation. Violators may face fines of up to $5,000 for each infringement, with ongoing violations being penalized daily. This change aims to protect consumer rights and encourage fair competition among suppliers.
Summary
Senate Bill 592 relates to the rules adopted and enforced by cemetery organizations concerning markers, memorials, and effigies. This legislation aims to provide clearer guidelines regarding the specifications for these installations, including style, color, size, and installation requirements. By amending the Health and Safety Code, SB592 seeks to standardize how cemetery organizations manage these aspects, ensuring a uniform approach across Texas cemeteries and enhancing consumer transparency regarding their options in memorializing loved ones.
Contention
The discussions surrounding SB592 may center on the balance between regulation and consumer freedom. Proponents argue that the bill encourages fair practices in the cemetery industry, providing consumers with more choices and preventing monopolistic practices. However, there could be concerns from cemetery organizations regarding the potential impact on their operational flexibility and revenue. The enforcement of civil penalties might also be seen as a strict approach, sparking debates about the appropriateness of state intervention in local practices and the operational autonomy of such organizations.
Texas Constitutional Statutes Affected
Health And Safety Code
Chapter 711. General Provisions Relating To Cemeteries
Relating to the regulation, monitoring, and enforcement of matters under the jurisdiction of the Texas Commission on Environmental Quality; authorizing the assessment or increase of civil and administrative penalties.
Relating to the removal, relocation, alteration, or construction of certain monuments, memorials, or designations located on public property; authorizing a civil penalty.
Relating to the removal, relocation, alteration, or construction of certain monuments or memorials located on public property; authorizing a civil penalty.