| 1 | 1 | | 89R2549 EAS-D |
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| 2 | 2 | | By: West S.B. No. 592 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to rules adopted and enforced by cemetery organizations on |
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| 10 | 10 | | markers, memorials, and effigies; authorizing a civil penalty. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 711.031, Health and Safety Code, is |
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| 13 | 13 | | amended by adding Subsection (a-1) to read as follows: |
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| 14 | 14 | | (a-1) A rule adopted under Subsection (a)(3) may: |
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| 15 | 15 | | (1) specify the style, color, size, and installation |
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| 16 | 16 | | requirements of a marker, memorial, or effigy; and |
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| 17 | 17 | | (2) require a marker or memorial to be installed flat |
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| 18 | 18 | | or erect. |
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| 19 | 19 | | SECTION 2. Subchapter C, Chapter 711, Health and Safety |
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| 20 | 20 | | Code, is amended by adding Section 711.0325 to read as follows: |
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| 21 | 21 | | Sec. 711.0325. PROHIBITED RULES ON MARKERS, MEMORIALS, AND |
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| 22 | 22 | | EFFIGIES; CIVIL PENALTY. (a) A cemetery organization may not adopt |
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| 23 | 23 | | or enforce a rule imposing a restriction or limitation on a business |
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| 24 | 24 | | from which a plot owner may: |
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| 25 | 25 | | (1) purchase a marker, memorial, or effigy; or |
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| 26 | 26 | | (2) contract for the installation of a marker, |
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| 27 | 27 | | memorial, or effigy. |
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| 28 | 28 | | (b) A cemetery organization that violates Subsection (a) is |
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| 29 | 29 | | liable for a civil penalty of not more than $5,000 for each |
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| 30 | 30 | | violation. Each day a violation continues is considered a separate |
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| 31 | 31 | | violation for purposes of assessing the civil penalty. |
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| 32 | 32 | | (c) The attorney general may bring suit to recover the civil |
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| 33 | 33 | | penalty authorized by Subsection (b). |
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| 34 | 34 | | SECTION 3. The change in law made by this Act applies to a |
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| 35 | 35 | | violation by a cemetery organization that occurs on or after the |
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| 36 | 36 | | effective date of this Act. A violation that occurs before the |
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| 37 | 37 | | effective date of this Act is governed by the law in effect on the |
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| 38 | 38 | | date the violation occurred, and the former law is continued in |
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| 39 | 39 | | effect for that purpose. |
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| 40 | 40 | | SECTION 4. This Act takes effect September 1, 2025. |
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