Bill Text: TX SB988 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the prohibited disposition of a decedent's remains by a person charged with certain criminal conduct against the decedent; providing an administrative penalty.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2015-06-16 - Effective immediately [SB988 Detail]
Download: Texas-2015-SB988-Enrolled.html
S.B. No. 988 |
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relating to the prohibited disposition of a decedent's remains by a | ||
person charged with certain criminal conduct against the decedent; | ||
providing an administrative penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act may be cited as the Holly Combs Act. | ||
SECTION 2. Section 711.002(l), Health and Safety Code, is | ||
amended to read as follows: | ||
(l) A person listed in Subsection (a) may not control the | ||
disposition of the decedent's remains if, in connection with the | ||
decedent's death, an indictment has been filed charging the person | ||
with a crime under Chapter 19, Penal Code, that involves family | ||
violence against the decedent. A person regulated under Chapter | ||
651, Occupations Code, who knowingly allows the person charged with | ||
a crime to control the disposition of the decedent's remains in | ||
violation of this subsection commits a prohibited practice under | ||
Section 651.460, Occupations Code, and the Texas Funeral Service | ||
Commission may take disciplinary action or assess an administrative | ||
penalty against the regulated person under that chapter. | ||
SECTION 3. Section 651.460(a), Occupations Code, is amended | ||
to read as follows: | ||
(a) A person violates this chapter if the person: | ||
(1) arranges for funeral services or merchandise and | ||
fails to provide a customer with a purchase agreement as required by | ||
Section 651.406; | ||
(2) fails to retain and make available to the | ||
commission, on request, copies of all price lists, written notices, | ||
embalming documents, and memoranda of agreement required by this | ||
chapter for two years after the date of distribution or signing; | ||
(3) violates this chapter, a rule adopted under this | ||
chapter, an order by the commission revoking, suspending, or | ||
probating a license, an order assessing an administrative penalty, | ||
or an agreement to pay an administrative penalty; | ||
(4) allows the use of a dead human body by an embalming | ||
establishment for research or educational purposes without | ||
complying with Section 651.407; [ |
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(5) is associated with a funeral establishment, | ||
whether as an employee, agent, subcontractor, assignee, owner, or | ||
otherwise, and fails to comply with this chapter or a rule adopted | ||
under this chapter; or | ||
(6) knowingly violates Section 711.002(l), Health and | ||
Safety Code. | ||
SECTION 4. 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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 988 passed the Senate on | ||
April 23, 2015, by the following vote: Yeas 30, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 988 passed the House on | ||
May 22, 2015, by the following vote: Yeas 140, Nays 0, two | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |