Bill Text: TX SB592 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to rules adopted and enforced by cemetery organizations on markers, memorials, and effigies; authorizing a civil penalty.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2025-02-03 - Referred to Business & Commerce [SB592 Detail]
Download: Texas-2025-SB592-Introduced.html
| 89R2549 EAS-D | ||
| By: West | S.B. No. 592 | |
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| 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. | ||
