Bill Text: TX HB456 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the enforcement of regulations governing cemetery organizations, cemetery corporations, cemeteries, and crematories; imposing penalties.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-02-20 - Referred to Judiciary & Civil Jurisprudence [HB456 Detail]

Download: Texas-2019-HB456-Introduced.html
  86R1499 LED-F
 
  By: Allen H.B. No. 456
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the enforcement of regulations governing cemetery
  organizations, cemetery corporations, cemeteries, and crematories;
  imposing penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 711.032, Health and
  Safety Code, is amended to read as follows:
         Sec. 711.032.  DISCRIMINATION BY RACE, COLOR, OR NATIONAL
  ORIGIN PROHIBITED; CIVIL PENALTY.
         SECTION 2.  Section 711.032, Health and Safety Code, is
  amended by adding Subsections (c), (d), and (e) to read as follows:
         (c)  On receiving information or evidence that gives the
  Texas Funeral Service Commission reason to believe that a cemetery
  organization may have violated or may be violating this section,
  the commission shall:
               (1)  notify the attorney general of the potential
  violation; and
               (2)  as appropriate, request the attorney general to
  bring an action for injunctive relief under Section 711.0515 or an
  action to collect a civil penalty under Subsection (d).
         (d)  A person who violates this section is liable for a civil
  penalty of not less than $50 or more than $25,000 for each
  violation. Each day of a continuing violation constitutes a
  separate violation. On request of the Texas Funeral Service
  Commission, the attorney general may institute an action to collect
  a civil penalty under this subsection.
         (e)  The attorney general may bring the action for injunctive
  relief or for a civil penalty in Travis County or in the county in
  which the violation of this section is alleged to have occurred.
         SECTION 3.  Section 711.0515, Health and Safety Code, is
  amended to read as follows:
         Sec. 711.0515.  ENFORCEMENT BY ATTORNEY GENERAL; INJUNCTIVE
  RELIEF.  In addition to bringing an action under Section 711.051,
  the attorney general at the request of the Texas Funeral Service
  Commission or on the attorney general's own initiative may bring an
  action for injunctive relief to enforce this chapter or a rule or
  order adopted by the commission under this chapter.
         SECTION 4.  (a) Sections 711.032(c) and (d), Health and
  Safety Code, as added by this Act, apply only to a violation 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 was committed, and the former
  law is continued in effect for that purpose.
         (b)  Section 711.032(e), Health and Safety Code, as added by
  this Act, and Section 711.0515, Health and Safety Code, as amended
  by this Act, apply to an action brought on or after the effective
  date of this Act, regardless of whether the violation giving rise to
  that action occurred on, before, or after that date.
         SECTION 5.  This Act takes effect September 1, 2019.
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