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