S.B. No. 656

	AN ACT
	relating to perpetual care cemeteries.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter B, Chapter 712, Health and Safety
	Code, is amended by adding Section 712.020 to read as follows:
	Sec. 712.020.  CONFLICT WITH OTHER LAW. To the extent of any
	conflict between this subchapter and Subtitle B, Title 9, Property
	Code, this subchapter controls.
	SECTION 2.  Section 712.021(b), Health and Safety Code, is
	amended to read as follows:
	(b)  Except as provided by Section 712.0255, the [The]
	principal of the fund may not be reduced voluntarily, and it must
	remain inviolable. The trustee shall maintain the principal of the
	fund separate from all operating funds of the corporation.
	SECTION 3.  Subchapter B, Chapter 712, Health and Safety
	Code, is amended by adding Section 712.0255 to read as follows:
	Sec. 712.0255.  JUDICIAL MODIFICATION OR TERMINATION OF
	FUND. (a)  The commissioner may petition a court to modify or
	terminate a fund under Section 112.054, Property Code. In addition
	to the grounds described by that section, the commissioner may
	petition a court under that section if the income from the fund is
	inadequate to maintain, repair, and care for the perpetual care
	cemetery and another source for providing additional contributions
	to the fund is unavailable.
	(b)  If feasible, the corporation for the perpetual care
	cemetery and the trustee of the fund are necessary parties to an
	action described by this section. A court may not modify or
	terminate the fund without the consent of the commissioner.
	(c)  At the request or with the consent of the commissioner,
	the court may order the distribution and transfer of all or a
	portion of the assets in the fund to a nonprofit corporation,
	municipality, county, or other appropriate person who is willing to
	accept, continue to care for, and maintain the perpetual care
	cemetery. A transfer under this subsection does not limit the
	court's ability to modify or terminate the fund under an action
	described by this section.
	SECTION 4.  Section 712.0441(d), Health and Safety Code, is
	amended to read as follows:
	(d)  In addition to any penalty that may be imposed under
	Subsection (a), the commissioner may bring a civil action against a
	person [corporation] to enjoin a violation described in Subsection
	(a) that has not been corrected within 30 days after the receipt by
	the person [corporation] of written notice from the commissioner of
	the violation. Any such civil action may be brought in a [the]
	district court of Travis County or a [the] county in which the
	[corporation's] perpetual care cemetery is operated.
	SECTION 5.  Section 712.0444, Health and Safety Code, is
	amended by adding Subsections (a-1) and (d) and amending
	Subsections (b) and (c) to read as follows:
	(a-1)  An emergency order must:
	(1)  state the grounds on which the order is granted;
	(2)  advise the person against whom the order is
	directed that the order takes effect immediately;
	(3)  to the extent applicable, require the person to:
	(A)  immediately cease and desist from the conduct
	or violation that is the basis of the order; or
	(B)  take the affirmative action stated in the
	order as necessary to correct a condition resulting from the
	conduct or violation that is the basis of the order or as otherwise
	appropriate;
	(4)  be delivered by personal delivery or sent by
	certified mail, return receipt requested, to the person at the
	person's last known address; and
	(5)  notify the person against whom the order is
	directed that the person may request a hearing on the order by
	filing a written request for a hearing with the commissioner not
	later than the 18th day after the date the order is delivered or
	mailed, whichever is earlier.
	(b)  The emergency order takes effect as soon as the person
	against whom the order is directed has actual or constructive
	knowledge of the issuance of the order. An emergency order remains
	in effect unless stayed by the commissioner.
	(c)  The person named in the emergency order may request in
	writing, not later than the 18th day after the date the order is
	delivered or mailed, whichever is earlier, a hearing to show that
	the emergency order should be stayed.  On receipt of the request,
	the commissioner shall set a time for the hearing not later than the
	21st day after the date the commissioner received the request,
	unless extended at the request of the person named in the order.
	(d)  Unless the commissioner receives a written request for a
	hearing in accordance with Subsection (c), the order is final on the
	19th day after the date the order is delivered or mailed, whichever
	is earlier, and may not be appealed.
	SECTION 6.  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. 656 passed the Senate on
	April 1, 2015, by the following vote:  Yeas 30, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 656 passed the House on
	April 30, 2015, by the following vote:  Yeas 139, Nays 0, one
	present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor