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AN ACT
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relating to perpetual care cemeteries. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 712, Health and Safety |
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Code, is amended by adding Section 712.020 to read as follows: |
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Sec. 712.020. CONFLICT WITH OTHER LAW. To the extent of any |
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conflict between this subchapter and Subtitle B, Title 9, Property |
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Code, this subchapter controls. |
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SECTION 2. Section 712.021(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) Except as provided by Section 712.0255, the [The] |
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principal of the fund may not be reduced voluntarily, and it must |
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remain inviolable. The trustee shall maintain the principal of the |
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fund separate from all operating funds of the corporation. |
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SECTION 3. Subchapter B, Chapter 712, Health and Safety |
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Code, is amended by adding Section 712.0255 to read as follows: |
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Sec. 712.0255. JUDICIAL MODIFICATION OR TERMINATION OF |
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FUND. (a) The commissioner may petition a court to modify or |
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terminate a fund under Section 112.054, Property Code. In addition |
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to the grounds described by that section, the commissioner may |
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petition a court under that section if the income from the fund is |
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inadequate to maintain, repair, and care for the perpetual care |
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cemetery and another source for providing additional contributions |
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to the fund is unavailable. |
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(b) If feasible, the corporation for the perpetual care |
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cemetery and the trustee of the fund are necessary parties to an |
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action described by this section. A court may not modify or |
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terminate the fund without the consent of the commissioner. |
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(c) At the request or with the consent of the commissioner, |
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the court may order the distribution and transfer of all or a |
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portion of the assets in the fund to a nonprofit corporation, |
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municipality, county, or other appropriate person who is willing to |
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accept, continue to care for, and maintain the perpetual care |
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cemetery. A transfer under this subsection does not limit the |
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court's ability to modify or terminate the fund under an action |
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described by this section. |
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SECTION 4. Section 712.0441(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) In addition to any penalty that may be imposed under |
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Subsection (a), the commissioner may bring a civil action against a |
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person [corporation] to enjoin a violation described in Subsection |
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(a) that has not been corrected within 30 days after the receipt by |
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the person [corporation] of written notice from the commissioner of |
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the violation. Any such civil action may be brought in a [the] |
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district court of Travis County or a [the] county in which the |
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[corporation's] perpetual care cemetery is operated. |
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SECTION 5. Section 712.0444, Health and Safety Code, is |
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amended by adding Subsections (a-1) and (d) and amending |
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Subsections (b) and (c) to read as follows: |
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(a-1) An emergency order must: |
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(1) state the grounds on which the order is granted; |
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(2) advise the person against whom the order is |
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directed that the order takes effect immediately; |
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(3) to the extent applicable, require the person to: |
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(A) immediately cease and desist from the conduct |
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or violation that is the basis of the order; or |
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(B) take the affirmative action stated in the |
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order as necessary to correct a condition resulting from the |
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conduct or violation that is the basis of the order or as otherwise |
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appropriate; |
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(4) be delivered by personal delivery or sent by |
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certified mail, return receipt requested, to the person at the |
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person's last known address; and |
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(5) notify the person against whom the order is |
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directed that the person may request a hearing on the order by |
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filing a written request for a hearing with the commissioner not |
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later than the 18th day after the date the order is delivered or |
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mailed, whichever is earlier. |
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(b) The emergency order takes effect as soon as the person |
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against whom the order is directed has actual or constructive |
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knowledge of the issuance of the order. An emergency order remains |
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in effect unless stayed by the commissioner. |
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(c) The person named in the emergency order may request in |
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writing, not later than the 18th day after the date the order is |
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delivered or mailed, whichever is earlier, a hearing to show that |
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the emergency order should be stayed. On receipt of the request, |
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the commissioner shall set a time for the hearing not later than the |
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21st day after the date the commissioner received the request, |
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unless extended at the request of the person named in the order. |
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(d) Unless the commissioner receives a written request for a |
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hearing in accordance with Subsection (c), the order is final on the |
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19th day after the date the order is delivered or mailed, whichever |
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is earlier, and may not be appealed. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 656 passed the Senate on |
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April 1, 2015, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 656 passed the House on |
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April 30, 2015, by the following vote: Yeas 139, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |