Texas Health And Safety Code Title 8, Chapter 712 - Perpetual Care Cemeteries

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 712.001 - Definitions
  (a) The definitions provided by Section 711.001 apply to this chapter. (b) In this chapter: (1) "Banking department" or "department" means the Banking Department of...
• Texas Section 712.002 - Exemptions From Chapter
  This chapter does not apply to: (1) a family, fraternal, or community cemetery that is not larger than 10 acres; (2) an unincorporated association of...
• Texas Section 712.003 - Registration Required; Minimum Capital
  (a) A perpetual care cemetery may not be operated in this state unless a certificate of formation for a domestic filing entity or registration to...
• Texas Section 712.0032 - Certificate Of Authority Requirement
  A corporation must hold a certificate of authority issued under this chapter to operate a perpetual care cemetery. Added by Acts 2011, 82nd Leg., R.S.,...
• Texas Section 712.0033 - Certificate Of Authority Application; Fees
  (a) To obtain a certificate of authority to operate a perpetual care cemetery, an applicant must, not later than the 30th day after the date...
• Texas Section 712.0034 - Qualifications For Certificate Of Authority; Investigation
  (a) The commissioner may investigate an applicant before issuing a certificate of authority. (b) To qualify for a certificate of authority under this chapter, an...
• Texas Section 712.0035 - Issuance Of Certificate Of Authority
  (a) The commissioner shall issue a certificate of authority if the commissioner finds that: (1) the applicant meets the qualifications listed in Section 712.0034 and...
• Texas Section 712.0036 - Term Of Certificate Of Authority
  An initial certificate of authority expires March 1 of the year after the year the certificate is issued. The certificate must be renewed at that...
• Texas Section 712.0037 - Renewal Of Certificate Of Authority
  (a) As a condition of renewal, a certificate holder must meet the qualifications and satisfy the requirements that apply to an applicant for a new...
• Texas Section 712.0038 - Transfer Or Assignment Prohibited
  A certificate of authority issued under this chapter may not be transferred or assigned. Added by Acts 2011, 82nd Leg., R.S., Ch. 532 (H.B. 2495),...
• Texas Section 712.0039 - Transfer Of Business Ownership; Change Of Control
  (a) A certificate holder shall notify the department in writing of a transfer of ownership of the certificate holder's business or a transfer of 25...
• Texas Section 712.00395 - Surrender Of Certificate Of Authority; Fee
  (a) A certificate holder may apply to the commissioner for permission to surrender the certificate of authority if the holder: (1) is a cemetery that...
• Texas Section 712.004 - Perpetual Care Trust Fund Required
  (a) Before obtaining a corporate charter, the incorporators of a corporation chartered on or after September 3, 1945, and before September 1, 1993, must establish...
• Texas Section 712.005 - Cancellation Of Charter For Failure To Begin Operation Of Perpetual Care Cemetery
  (a) If a corporation chartered under Section 712.003 does not begin actual operation of its perpetual care cemetery for six months after the charter is...
• Texas Section 712.007 - Notice Of Perpetual Care Required
  (a) A corporation shall post a sign at or near a cemetery entrance or administration building and readily accessible to the public. (b) The sign...
• Texas Section 712.008 - Rules
  (a) The Finance Commission of Texas may adopt rules to enforce and administer this chapter, including rules establishing fees to defray the costs of enforcing...

SUBCHAPTER B PERPETUAL CARE TRUST FUND

• Texas Section 712.009 - Limitations On Burials; Damages
  (a) The Finance Commission of Texas shall adopt rules to administer and enforce this section. (b) An individual, corporation, partnership, firm, trust, or association that...
• Texas Section 712.020 - Conflict With Other Law
  To the extent of any conflict between this subchapter and Subtitle B, Title 9, Property Code, this subchapter controls. Added by Acts 2015, 84th Leg.,...
• Texas Section 712.021 - Establishment And Purposes Of Fund
  (a) A corporation that operates a perpetual care cemetery in this state shall have a fund established with a trust company or a bank with...
• Texas Section 712.022 - Operation Of Perpetual Care Cemetery
  A corporation authorized by law to operate a perpetual care cemetery but not doing so may do so if the corporation: (1) complies with the...
• Texas Section 712.023 - Validity Of Contributions
  A contribution to a fund for perpetual care is not invalid because of: (1) indefiniteness or uncertainty of the person designated as beneficiary in the...
• Texas Section 712.024 - Amendment Of Trust Instrument
  A corporation and the trustee of a fund may, by agreement, amend the instrument that established the fund to include any provision that is consistent...
• Texas Section 712.025 - Use Of Fund Income
  Fund income may be used only to provide the perpetual care described by the instrument that established the fund, including the general care and maintenance...
• Texas Section 712.0255 - Judicial Modification Or Termination Of Fund
  (a) The commissioner may petition a court to modify or terminate a fund under Section 112.054, Property Code. In addition to the grounds described by...
• Texas Section 712.026 - Suit By Plot Owners To Maintain Perpetual Care
  (a) If the directors of a corporation do not generally care for and maintain the corporation's perpetual care cemetery, the district court of the county...
• Texas Section 712.027 - Investment Of Fund
  (a) A trustee shall invest and manage the investment of the principal of a fund in accordance with the Texas Trust Code (Section 111.001 et...
• Texas Section 712.028 - Amount Of Fund Deposits From Sales
  (a) A corporation shall deposit in its fund an amount that is at least: (1) the greater of: (A) $1.75 a square foot of ground...
• Texas Section 712.029 - Accounting For And Depositing Amounts
  (a) The part of the purchase price of a plot in a perpetual care cemetery that is to be deposited in a fund must be...

SUBCHAPTER C REGULATION AND ENFORCEMENT

• Texas Section 712.030 - Use Of Gift For Special Care Of Plot In Perpetual Care Cemetery
  A trustee may take and hold property transferred to the trustee in trust in order to apply the principal, proceeds, or income of the property...
• Texas Section 712.041 - Annual Statement Of Funds
  (a) A corporation shall file in its office and with the commissioner a statement for each perpetual care cemetery operated in this state in duplicate...
• Texas Section 712.042 - Fees
  On filing a statement of funds under Section 712.041, a corporation shall pay the commissioner a reasonable and necessary fee set by rule adopted by...
• Texas Section 712.043 - Additional Fund Report
  The commissioner may require, as often as the commissioner determines necessary, the trustee of a corporation's fund to make under oath a detailed report of...
• Texas Section 712.044 - Examination Of Records; Examination Fees And Expenses
  (a) The commissioner may examine on a periodic basis as the commissioner reasonably considers necessary or appropriate to protect the interest of plot owners and...
• Texas Section 712.0441 - Enforcement
  (a) After notice and opportunity for hearing, the commissioner may impose an administrative penalty on a person who: (1) violates this chapter or a final...
• Texas Section 712.0442 - Pattern Of Wilful Disregard
  (a) If, after a hearing conducted as provided by Chapter 2001, Government Code, the trier of fact finds that a violation of this chapter or...
• Texas Section 712.0443 - Cease And Desist Order
  (a) The commissioner may issue an order to cease and desist to a person if: (1) the commissioner finds by examination or other credible evidence...
• Texas Section 712.0444 - Emergency Order
  (a) The commissioner may issue an emergency order that takes effect immediately if the commissioner finds that immediate and irreparable harm is threatened to the...
• Texas Section 712.0445 - Receivership Proceedings
  (a) In conjunction with a proceeding to forfeit the right to do business in this state brought by the attorney general, the attorney general may...

SUBCHAPTER D SALE OF UNDEVELOPED MAUSOLEUM SPACE

• Texas Section 712.048 - Criminal Penalties
  (a) A person who is an individual, firm, association, corporation, or municipality, or an officer, agent, or employee of an individual, firm, association, corporation, or...
• Texas Section 712.061 - Offer And Sale Of Undeveloped Mausoleum Space
  (a) A corporation may not directly or indirectly sell or offer for sale an undeveloped mausoleum space unless before the sale or offer the corporation:...
• Texas Section 712.062 - Deposits To Fund
  This subchapter does not affect the corporation's obligation to make deposits to its fund as provided in Subchapter B. Added by Acts 2005, 79th Leg.,...
• Texas Section 712.063 - Preconstruction Trust
  (a) Except as provided by Section 712.067, a corporation that intends to directly or indirectly sell or offer for sale undeveloped mausoleum spaces shall establish...
• Texas Section 712.064 - Construction; Default
  (a) The corporation shall start construction of the mausoleum or mausoleum section in which sales or reservations for sale of undeveloped mausoleum spaces are being...
• Texas Section 712.065 - Release Of Trust Funds To Corporation
  (a) On completion of construction of a mausoleum or mausoleum section subject to this subchapter, the corporation may withdraw all money deposited in the preconstruction...
• Texas Section 712.066 - Contract Disclosures
  (a) A sales contract for an undeveloped mausoleum space, whether in English or Spanish, must inform the buyer: (1) that the buyer by written notice...
• Texas Section 712.067 - Bond In Lieu Of Preconstruction Trust
  (a) In lieu of establishing the preconstruction trust required by Section 712.063, a corporation may execute and submit a bond issued by a surety company...
• Texas Section 712.068 - Reports
  On or before the date the corporation's annual statement of funds is due as required by Section 712.041, the corporation shall cause the preconstruction trustee...

Last modified: September 28, 2016