Bill Text: TX HB4108 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to a transfer of ownership for a perpetual care cemetery.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2021-05-03 - Committee report sent to Calendars [HB4108 Detail]
Download: Texas-2021-HB4108-Comm_Sub.html
87R20130 EAS-D | |||
By: Guerra, Longoria, Muñoz, Jr. | H.B. No. 4108 | ||
Substitute the following for H.B. No. 4108: | |||
By: Anchia | C.S.H.B. No. 4108 |
|
||
|
||
relating to a transfer of ownership for a perpetual care cemetery. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 712, Health and Safety | ||
Code, is amended by adding Section 712.00391 to read as follows: | ||
Sec. 712.00391. TRANSFER OF BUSINESS OWNERSHIP; DUTIES OF | ||
NEW CERTIFICATE HOLDER. (a) In this section, "transferor" means a | ||
certificate holder who transfers the holder's ownership of a | ||
perpetual care cemetery to another person. | ||
(b) On the transfer of the business ownership of a perpetual | ||
care cemetery, the new certificate holder may not modify the terms, | ||
including the amount of any fees for maintenance or upkeep of the | ||
cemetery, of a prepaid funeral contract entered into by the plot | ||
owner and the transferor without the plot owner's agreement. | ||
(c) Not later than 60 days after the date a transfer of | ||
ownership of a perpetual care cemetery described by Section | ||
712.0039(b) is executed, the new certificate holder shall: | ||
(1) notify each plot owner: | ||
(A) of the transfer of ownership and the identity | ||
of the new certificate holder; and | ||
(B) that the new certificate holder may not | ||
modify the terms of a prepaid funeral contract entered into by the | ||
plot owner and the transferor; and | ||
(2) provide to each plot owner the costs outlined in | ||
the prepaid funeral contract entered into by the plot owner and the | ||
transferor. | ||
(d) The new certificate holder may provide the notice and | ||
costs outlined in the prepaid funeral contract to a plot owner as | ||
required by Subsection (c) by mail, e-mail, telephone, or in any | ||
other manner that ensures the plot owner will receive the notice and | ||
costs. | ||
(e) During a transfer of ownership and for at least 120 days | ||
following the transfer, a perpetual care cemetery must have a | ||
representative available to provide assistance to a plot owner or | ||
the owner's immediate family members or authorized representative. | ||
The assistance must be provided in English and Spanish or, if | ||
applicable, English and any other language spoken by a substantial | ||
portion of the individuals residing in the area in which the | ||
perpetual care cemetery is located. | ||
SECTION 2. Section 712.00391, Health and Safety Code, as | ||
added by this Act, applies to a transfer in business ownership of a | ||
perpetual care cemetery that occurs on or after the effective date | ||
of this Act. A transfer in business ownership that occurs before | ||
that date is governed by the law in effect on the date the transfer | ||
occurred, and that law is continued in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2021. |