Bill Text: TX SB65 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the regulation of funeral services, funeral homes, cemeteries, and crematories; imposing penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-01-24 - Referred to Business & Commerce [SB65 Detail]
Download: Texas-2017-SB65-Introduced.html
85R739 JSC-F | ||
By: Zaffirini | S.B. No. 65 |
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relating to the regulation of funeral services, funeral homes, | ||
cemeteries, and crematories; imposing penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. 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 that the attorney general | ||
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 2. 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 3. (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 4. This Act takes effect September 1, 2017. |