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AN ACT
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relating to enforcement of the regulation of perpetual care |
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cemeteries. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 712.0034(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The commissioner may: |
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(1) investigate an applicant before issuing a |
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certificate of authority; and |
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(2) recover from the applicant reasonable costs the |
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commissioner incurs in the investigation. |
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SECTION 2. Subchapter C, Chapter 712, Health and Safety |
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Code, is amended by adding Section 712.0435 to read as follows: |
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Sec. 712.0435. INVESTIGATIONS. The commissioner may: |
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(1) conduct an investigation to administer and enforce |
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this chapter; and |
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(2) recover reasonable costs incurred by the |
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commissioner in the investigation from the subject of the |
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investigation if the commissioner determines a violation occurred. |
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SECTION 3. Section 712.0443, Health and Safety Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) If a cease and desist order issued under this section |
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names an officer, director, or employee of a perpetual care |
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cemetery, the order may require the person named in the order to |
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take corrective action to remedy the violation described by the |
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order. |
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SECTION 4. Subchapter C, Chapter 712, Health and Safety |
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Code, is amended by adding Section 712.045 to read as follows: |
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Sec. 712.045. REVOCATION OR SUSPENSION OF CERTIFICATE OF |
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AUTHORITY. (a) The commissioner by order may revoke or suspend a |
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certificate of authority issued under this chapter if the |
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commissioner determines through an investigation or other credible |
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evidence that the certificate holder: |
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(1) violated this chapter, a rule adopted or order |
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issued under this chapter, or another law of this state relating to |
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cemeteries; |
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(2) misrepresented or concealed a material fact in the |
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certificate application; or |
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(3) obtained or attempted to obtain the certificate by |
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misrepresentation, concealment, or fraud. |
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(b) An order issued under Subsection (a) must state: |
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(1) with reasonable certainty, the grounds for the |
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order; and |
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(2) the effective date of the order, which may not be |
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earlier than the 16th day after the date the order is mailed. |
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(c) The commissioner shall provide an order described by |
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Subsection (a) to the person named in the order by certified mail, |
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return receipt requested, at the person's last known address. |
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(d) A person may request a hearing on an order described by |
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Subsection (a) not later than the 15th day after the date the order |
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is mailed. If the person requests a hearing, the order is stayed |
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until the hearing is resolved. A hearing is a contested case under |
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Chapter 2001, Government Code. |
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SECTION 5. The changes in law made by this Act apply only to |
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a violation that occurs or an investigation conducted on or after |
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the effective date of this Act. |
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SECTION 6. This Act takes effect September 1, 2019. |
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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. 1821 passed the Senate on |
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April 11, 2019, by the following vote: Yeas 31, 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. 1821 passed the House on |
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May 14, 2019, by the following vote: Yeas 141, Nays 0, two |
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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 |