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  89R2549 EAS-D     By: West S.B. No. 592       A BILL TO BE ENTITLED   AN ACT   relating to rules adopted and enforced by cemetery organizations on   markers, memorials, and effigies; authorizing a civil penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 711.031, Health and Safety Code, is   amended by adding Subsection (a-1) to read as follows:           (a-1)  A rule adopted under Subsection (a)(3) may:                 (1)     specify the style, color, size, and installation   requirements of a marker, memorial, or effigy; and                 (2)     require a marker or memorial to be installed flat   or erect.          SECTION 2.  Subchapter C, Chapter 711, Health and Safety   Code, is amended by adding Section 711.0325 to read as follows:           Sec.   711.0325.     PROHIBITED RULES ON MARKERS, MEMORIALS, AND   EFFIGIES; CIVIL PENALTY. (a) A cemetery organization may not adopt   or enforce a rule imposing a restriction or limitation on a business   from which a plot owner may:                 (1)  purchase a marker, memorial, or effigy; or                 (2)     contract for the installation of a marker,   memorial, or effigy.           (b)     A cemetery organization that violates Subsection (a) is   liable for a civil penalty of not more than $5,000 for each   violation. Each day a violation continues is considered a separate   violation for purposes of assessing the civil penalty.           (c)     The attorney general may bring suit to recover the civil   penalty authorized by Subsection (b).          SECTION 3.  The change in law made by this Act applies to a   violation by a cemetery organization 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 occurred, and the former law is continued in   effect for that purpose.          SECTION 4.  This Act takes effect September 1, 2025.