Bill Text: TX SB60 | 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 - Dead) 2019-02-01 - Referred to Business & Commerce [SB60 Detail]
Download: Texas-2019-SB60-Introduced.html
| 86R1499 LED-F | ||
| By: Zaffirini | S.B. No. 60 | |
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| 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. | ||
