Relating to the confidentiality and disclosure of certain financial information of perpetual care cemeteries and perpetual care trust funds.
Summary
HB 3803 amends the Texas Health and Safety Code to create a confidentiality rule for certain financial information about perpetual care cemeteries and perpetual care trust funds. The bill provides that financial-condition information obtained by the Texas Department of Banking, directly or indirectly and other than a published statement, is confidential, and it also makes department files and records relating to that financial condition confidential.
The bill also authorizes the commissioner to disclose otherwise confidential information to another state or federal agency, department, or instrumentality if the commissioner determines the disclosure is in the public interest and necessary or proper to enforce the laws of Texas, another state, or the United States. In effect, the bill tightens privacy protections around regulatory financial information while preserving intergovernmental information-sharing for enforcement purposes.
Impact
HB 3803 adds Section 712.010 to Chapter 712 of the Health and Safety Code, changing the legal treatment of financial records tied to perpetual care cemeteries and their trust funds. It makes those records confidential when held by the department, limiting public access to examination materials, internal files, and other nonpublished financial-condition information. The bill preserves a narrow disclosure pathway for regulators and law-enforcement-style enforcement coordination across state and federal agencies.
Sentiment
The bill appears to have been broadly noncontroversial and received strong bipartisan support. It passed the House overwhelmingly and the Senate unanimously, with no recorded opposition in the final votes. The available legislative history suggests general agreement that the measure was a targeted confidentiality and regulatory-information bill rather than a broader policy change.
Contention
There is little evidence of substantive contention in the available record. The main policy balance in the bill is between confidentiality for cemetery financial records and the ability of the commissioner to share information with other government entities when needed for enforcement. Any concern would likely center on whether the confidentiality provisions could limit transparency, while supporters would emphasize protecting sensitive financial information and enabling effective regulation of perpetual care obligations.
Relating to the interment of certain cremated animal remains with human remains in perpetual care cemeteries and the eligibility of those cemeteries for an exemption from ad valorem taxation.