Sec. 711.047. EXEMPTIONS. This subchapter does not apply to a person offering to sell or selling the exclusive right of sepulture in a plot if the person is:
(1) an officer, agent, employee, or affiliate of the cemetery organization in which the plot is located, acting at the direction or under the control of the cemetery organization;
(2) an employee of a registered cemetery broker;
(3) with respect to the specific plot for sale:
(A) a grantee named in the certificate of ownership or other instrument of conveyance for the plot as filed and recorded in the cemetery organization's office under Section 711.038;
(B) a spouse or other heir of the named grantee as described by Section 711.039;
(C) an executor, administrator, or guardian of the named grantee appointed by court order; or
(D) an attorney-in-fact for the named grantee under a durable power of attorney if the person is not otherwise engaged in the business of a cemetery broker and does not solicit appointment as attorney-in-fact for the purpose of offering to sell or selling the exclusive right of sepulture of the named grantee; or
(4) otherwise exempt in accordance with rules adopted by the commission as necessary to protect the public health and safety.
Added by Acts 2013, 83rd Leg., R.S., Ch. 220 (H.B. 52), Sec. 6, eff. January 1, 2014.
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