Bill Text: TX HB3231 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to perpetual care cemeteries.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-04-30 - Laid on the table subject to call [HB3231 Detail]
Download: Texas-2015-HB3231-Introduced.html
84R8550 SCL-F | ||
By: Parker | H.B. No. 3231 |
|
||
|
||
relating to perpetual care cemeteries. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 712, Health and Safety | ||
Code, is amended by adding Section 712.020 to read as follows: | ||
Sec. 712.020. CONFLICT WITH OTHER LAW. To the extent of any | ||
conflict between this subchapter and Subtitle B, Title 9, Property | ||
Code, this subchapter controls. | ||
SECTION 2. Section 712.021(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) Except as provided by Section 712.0255, the [ |
||
principal of the fund may not be reduced voluntarily, and it must | ||
remain inviolable. The trustee shall maintain the principal of the | ||
fund separate from all operating funds of the corporation. | ||
SECTION 3. Subchapter B, Chapter 712, Health and Safety | ||
Code, is amended by adding Section 712.0255 to read as follows: | ||
Sec. 712.0255. JUDICIAL MODIFICATION OR TERMINATION OF | ||
FUND. (a) The commissioner may petition a court to modify or | ||
terminate a fund under Section 112.054, Property Code. In addition | ||
to the grounds described by that section, the commissioner may | ||
petition a court under that section if the income from the fund is | ||
inadequate to maintain, repair, and care for the perpetual care | ||
cemetery and another source for providing additional contributions | ||
to the fund is unavailable. | ||
(b) If feasible, the corporation for the perpetual care | ||
cemetery and the trustee of the fund are necessary parties to an | ||
action described by this section. A court may not modify or | ||
terminate the fund without the consent of the commissioner. | ||
(c) At the request or with the consent of the commissioner, | ||
the court may order the distribution and transfer of all or a | ||
portion of the assets in the fund to a nonprofit corporation, | ||
municipality, county, or other appropriate person who is willing to | ||
accept, continue to care for, and maintain the perpetual care | ||
cemetery. A transfer under this subsection does not limit the | ||
court's ability to modify or terminate the fund under an action | ||
described by this section. | ||
SECTION 4. Section 712.0441(d), Health and Safety Code, is | ||
amended to read as follows: | ||
(d) In addition to any penalty that may be imposed under | ||
Subsection (a), the commissioner may bring a civil action against a | ||
person [ |
||
(a) that has not been corrected within 30 days after the receipt by | ||
the person [ |
||
the violation. Any such civil action may be brought in a [ |
||
district court of Travis County or a [ |
||
[ |
||
SECTION 5. Section 712.0444, Health and Safety Code, is | ||
amended by adding Subsections (a-1) and (d) and amending | ||
Subsections (b) and (c) to read as follows: | ||
(a-1) An emergency order must: | ||
(1) state the grounds on which the order is granted; | ||
(2) advise the person against whom the order is | ||
directed that the order takes effect immediately; | ||
(3) to the extent applicable, require the person to: | ||
(A) immediately cease and desist from the conduct | ||
or violation that is the basis of the order; or | ||
(B) take the affirmative action stated in the | ||
order as necessary to correct a condition resulting from the | ||
conduct or violation that is the basis of the order or as otherwise | ||
appropriate; | ||
(4) be delivered by personal delivery or sent by | ||
certified mail, return receipt requested, to the person at the | ||
person's last known address; and | ||
(5) notify the person against whom the order is | ||
directed that the person may request a hearing on the order by | ||
filing a written request for a hearing with the commissioner not | ||
later than the 18th day after the date the order is delivered or | ||
mailed, whichever is earlier. | ||
(b) The emergency order takes effect as soon as the person | ||
against whom the order is directed has actual or constructive | ||
knowledge of the issuance of the order. An emergency order remains | ||
in effect unless stayed by the commissioner. | ||
(c) The person named in the emergency order may request in | ||
writing, not later than the 18th day after the date the order is | ||
delivered or mailed, whichever is earlier, a hearing to show that | ||
the emergency order should be stayed. On receipt of the request, | ||
the commissioner shall set a time for the hearing not later than the | ||
21st day after the date the commissioner received the request, | ||
unless extended at the request of the person named in the order. | ||
(d) Unless the commissioner receives a written request for a | ||
hearing in accordance with Subsection (c), the order is final on the | ||
19th day after the date the order is delivered or mailed, whichever | ||
is earlier, and may not be appealed. | ||
SECTION 6. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2015. |