S.B. No. 1821
 
 
 
 
AN ACT
  relating to enforcement of the regulation of perpetual care
  cemeteries.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 712.0034(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The commissioner may:
               (1)  investigate an applicant before issuing a
  certificate of authority; and
               (2)  recover from the applicant reasonable costs the
  commissioner incurs in the investigation.
         SECTION 2.  Subchapter C, Chapter 712, Health and Safety
  Code, is amended by adding Section 712.0435 to read as follows:
         Sec. 712.0435.  INVESTIGATIONS. The commissioner may:
               (1)  conduct an investigation to administer and enforce
  this chapter; and
               (2)  recover reasonable costs incurred by the
  commissioner in the investigation from the subject of the
  investigation if the commissioner determines a violation occurred. 
         SECTION 3.  Section 712.0443, Health and Safety Code, is
  amended by adding Subsection (c) to read as follows:
         (c)  If a cease and desist order issued under this section
  names an officer, director, or employee of a perpetual care
  cemetery, the order may require the person named in the order to
  take corrective action to remedy the violation described by the
  order.
         SECTION 4.  Subchapter C, Chapter 712, Health and Safety
  Code, is amended by adding Section 712.045 to read as follows:
         Sec. 712.045.  REVOCATION OR SUSPENSION OF CERTIFICATE OF
  AUTHORITY. (a)  The commissioner by order may revoke or suspend a
  certificate of authority issued under this chapter if the
  commissioner determines through an investigation or other credible
  evidence that the certificate holder:
               (1)  violated this chapter, a rule adopted or order
  issued under this chapter, or another law of this state relating to
  cemeteries;
               (2)  misrepresented or concealed a material fact in the
  certificate application; or
               (3)  obtained or attempted to obtain the certificate by
  misrepresentation, concealment, or fraud.
         (b)  An order issued under Subsection (a) must state:
               (1)  with reasonable certainty, the grounds for the
  order; and
               (2)  the effective date of the order, which may not be
  earlier than the 16th day after the date the order is mailed.
         (c)  The commissioner shall provide an order described by
  Subsection (a) to the person named in the order by certified mail,
  return receipt requested, at the person's last known address.
         (d)  A person may request a hearing on an order described by
  Subsection (a) not later than the 15th day after the date the order
  is mailed. If the person requests a hearing, the order is stayed
  until the hearing is resolved. A hearing is a contested case under
  Chapter 2001, Government Code.
         SECTION 5.  The changes in law made by this Act apply only to
  a violation that occurs or an investigation conducted on or after
  the effective date of this Act.
         SECTION 6.  This Act takes effect September 1, 2019.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1821 passed the Senate on
  April 11, 2019, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1821 passed the House on
  May 14, 2019, by the following vote:  Yeas 141, Nays 0, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor