reglab/housing_qa huggingface dataset:
TX Fin Code § 154.303 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter G. Abandoned Contracts|Section 154.303. Authorization to Withdraw Money

Sec. 154.303.  AUTHORIZATION TO WITHDRAW MONEY.  (a)  Not later than the 15th day after the date the notice required by Section 154.302 is received, the commissioner shall give the seller written authorization to:(1)  withdraw the money presumed abandoned as specified in the notice;  and(2)  subject to Subsection (b), withdraw and retain the money specified in the notice that represents the earnings attributable to the abandoned money.(b)  The commissioner may refuse to authorize the seller to withdraw the earnings described by Subsection (a)(2) only if:(1)  the department has canceled or refused to renew the seller's permit to sell prepaid funeral benefits;(2)  the seller is the subject of a pending proceeding to cancel the seller's permit to sell prepaid funeral benefits;  or(3)  the department has:(A)  determined from an examination of the seller's records that the seller has made withdrawals from accounts maintained by the seller that were not authorized under this chapter;  and(B)  previously given written notice to the seller of that determination.(c)  Not later than the 15th day after the date the notice under Section 154.302 is received, the commissioner shall give written notice to the seller stating the reason the commissioner will not authorize the seller to withdraw the earnings described by Subsection (a)(2).(d)  A seller that did not receive the commissioner's authorization to withdraw earnings because of Subsection (b)(2) is entitled to withdraw and retain the earnings if the department or a court subsequently determines that the seller's permit should not be canceled.(e)  A seller that did not receive the commissioner's authorization to withdraw earnings because of Subsection (b)(3) is entitled to withdraw and retain the earnings on redepositing in the accounts the amount of the unauthorized withdrawals.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 154.304 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter G. Abandoned Contracts|Section 154.304. Delivery to Comptroller of Abandoned Money and Report

Sec. 154.304.  DELIVERY TO COMPTROLLER OF ABANDONED MONEY AND REPORT.  Not later than the first July 1 after the date a seller is required to furnish notice to the commissioner under Section 154.302, the seller shall deliver to the comptroller:(1)  the abandoned money; and(2)  the report required to be filed under Chapter 74, Property Code.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2019, 86th Leg., R.S., Ch. 446 (S.B. 1822), Sec. 2, eff. September 1, 2019.|
TX Fin Code § 154.305 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter G. Abandoned Contracts|Section 154.305. Discharge of Contractual Obligations; Indemnity of Seller

Sec. 154.305.  DISCHARGE OF CONTRACTUAL OBLIGATIONS;  INDEMNITY OF SELLER.  (a)  The delivery of abandoned money and reporting to the comptroller under Section 154.304:(1)  relieves the seller of the obligations and liabilities under the prepaid funeral benefits contract;(2)  cancels the prepaid funeral benefits contract;  and(3)  discharges the obligations and liabilities of and claims against the seller and funeral provider.(b)  A seller that delivers money to the comptroller under Section 154.304 shall be indemnified under Section 74.304, Property Code, for any claim that may be made with respect to the property.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 154.306 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter G. Abandoned Contracts|Section 154.306. Liability and Obligations of Comptroller

Sec. 154.306.  LIABILITY AND OBLIGATIONS OF COMPTROLLER.  (a)  The comptroller is liable to the purchaser or beneficiary of a prepaid funeral benefits contract presumed abandoned under this subchapter only to the extent of money that is attributable to the contract and delivered to the comptroller.(b)  The comptroller is not obligated to perform the seller's duties under an abandoned prepaid funeral benefits contract.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 154.307 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter G. Abandoned Contracts|Section 154.307. Recourse of Purchaser or Beneficiary

Sec. 154.307.  RECOURSE OF PURCHASER OR BENEFICIARY.  A purchaser's or beneficiary's sole recourse after a seller has delivered abandoned money and reported to the comptroller under Section 154.304 is to file a claim with the comptroller as provided by Chapter 74, Property Code.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 154.351 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter H. Guaranty Fund|Section 154.351. Maintenance of Guaranty Fund

Sec. 154.351.  MAINTENANCE OF GUARANTY FUND.  (a)  The commission by rule shall establish and the department shall maintain a fund to guarantee performance by sellers of prepaid funeral benefits contracts and funeral providers under those contracts of their obligations to the purchasers.(b)  Except as provided by Subsection (c), for purposes of claims and assessments, the department shall maintain separate accounts within the fund for trust-funded contracts and insurance-funded contracts.(c)  The advisory council under Section 154.355 may authorize borrowing between accounts to facilitate prompt and efficient resolution of claims against an account with an insufficient balance if:(1)  the indebted account is obligated to pay interest at a rate that will reasonably compensate the lending account for lost earnings;(2)  required or planned assessments for the benefit of the indebted account are pending and sufficient to repay the lending account;  and(3)  assessments collected for the benefit of the indebted account are transferred to the lending account until the borrowed amount plus interest has been repaid.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 867, Sec. 80, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1190 (H.B. 3762), Sec. 23, eff. September 1, 2009.Acts 2011, 82nd Leg., R.S., Ch. 559 (H.B. 3004), Sec. 1, eff. June 17, 2011.|
TX Fin Code § 154.352 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter H. Guaranty Fund|Section 154.352. Assessment on Sales Contracts

Sec. 154.352.  ASSESSMENT ON SALES CONTRACTS.  (a)  The department shall assess and collect from a seller not more than $1 for each unmatured prepaid funeral benefits contract sold during each calendar year and shall deposit the assessments in the fund.(b)  The department shall stop assessing the amounts required by Subsection (a) when the amount in the fund first reaches $1 million.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 154.3525 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter H. Guaranty Fund|Section 154.3525. Assessment on Insurance-Funded Contracts

Sec. 154.3525.  ASSESSMENT ON INSURANCE-FUNDED CONTRACTS.  (a)  The department shall assess and collect from a seller not more than $1 for each insurance-funded contract sold during each calendar year and shall deposit the assessments in the insurance-funded contract account within the fund.(b)  The department shall stop assessing the amounts required by Subsection (a) when the amount in the insurance-funded contract account reaches $1 million.|Added by Acts 2009, 81st Leg., R.S., Ch. 1190 (H.B. 3762), Sec. 24, eff. September 1, 2009.|
TX Fin Code § 154.353 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter H. Guaranty Fund|Section 154.353. Deposit of Fund or Portion of Fund

Sec. 154.353.  DEPOSIT OF FUND OR PORTION OF FUND.  (a)  The fund or a portion of the fund may be deposited:(1)  with the comptroller;(2)  with a federally insured financial institution that has its main office or a branch in this state; or(3)  in trust with a financial institution that has its main office or a branch in this state and is authorized to act as a fiduciary in this state.(b)  If the fund or a portion of the fund is deposited with the comptroller, the comptroller shall manage the deposit as trustee of money outside the state treasury.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 344, Sec. 2.027, eff. Sept. 1, 1999.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 559 (H.B. 3004), Sec. 2, eff. June 17, 2011.|
TX Fin Code § 154.354 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter H. Guaranty Fund|Section 154.354. Use of Fund Earnings

Sec. 154.354.  USE OF FUND EARNINGS.  The department may use the earnings from the fund to operate and maintain the fund.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 154.355 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter H. Guaranty Fund|Section 154.355. Advisory Council

Sec. 154.355.  ADVISORY COUNCIL.(a)  An advisory council composed of the following individuals shall supervise the operation and maintenance of the fund:(1)  the commissioner or the commissioner's representative;(2)   two representatives of the prepaid funeral industry appointed by the commission, one of whom represents trust-funded prepaid funeral benefits contract sellers and one of whom represents insurance-funded prepaid funeral benefits contract sellers; and(3)  one consumer representative appointed by the commission.(b)  The prepaid funeral industry and consumer representatives serve two-year terms and may not serve more than four terms.(c)  The commissioner shall render a final decision if there is a tie vote by members of the advisory council.(d)  Notwithstanding Chapter 551, Government Code, or any other law, the advisory council may hold an open or closed meeting by telephone conference call, videoconference, or other similar telecommunication method if:(1)  notice is given for the meeting as for other meetings;(2)  the notice specifies a location for the meeting at which the public may attend;(3)  each part of the meeting that is required to be open to the public is audible to the public at the location specified in the notice of the meeting; and(4)  the meeting is recorded by electronic or other means and the recording of each portion of the meeting that is required to be open to the public is made available to the public.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1190 (H.B. 3762), Sec. 25, eff. September 1, 2009.Acts 2011, 82nd Leg., R.S., Ch. 559 (H.B. 3004), Sec. 3, eff. June 17, 2011.|
TX Fin Code § 154.3551 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter H. Guaranty Fund|Section 154.3551. Limit on Liability

Sec. 154.3551.  LIMIT ON LIABILITY.  (a)  A member of the advisory council is not personally liable for damages arising from the member's official act or omission under this subchapter unless the act or omission is corrupt or malicious.(b)  The attorney general shall defend an action brought against a member of the advisory council arising from an official act or omission under this subchapter, including an action instituted after the defendant's service with the advisory council has terminated.(c)  The attorney general is not required to defend a member of the advisory council against an action relating to:(1)  the disposition of a claim filed under this subchapter; or(2)  any issue other than the applicability or effect of the limitation on liability under this section.(d)  The commissioner on behalf of the fund, with the advice and consent of the advisory council, may contract with the attorney general under Chapter 771, Government Code, for legal services not covered by this section.|Added by Acts 2009, 81st Leg., R.S., Ch. 1190 (H.B. 3762), Sec. 26, eff. September 1, 2009.|
TX Fin Code § 154.356 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter H. Guaranty Fund|Section 154.356. Assessment on Outstanding Trust-Funded Contracts to Pay Claims

Sec. 154.356.  ASSESSMENT ON OUTSTANDING TRUST-FUNDED CONTRACTS TO PAY CLAIMS.  (a)  To pay a claim against the fund when the balance of the trust-funded contract account is insufficient to pay that claim, the advisory council may assess each permit holder that has outstanding trust-funded contracts an amount based on the permit holder's proportionate share of the purchasers' deposits on all outstanding trust-funded contracts determined as of the end of the preceding calendar year.(b)  The assessments shall be deposited in the trust-funded contract account within the fund and administered by the department and the advisory council in accordance with commission rules.(c)  An assessment made under this section is in addition to any assessment required by Section 154.352.(d)  A seller whose permit is revoked or surrendered remains liable for any unpaid assessment made before the date of the revocation or surrender.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 867, Sec. 81, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1190 (H.B. 3762), Sec. 27, eff. September 1, 2009.|
TX Fin Code § 154.3565 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter H. Guaranty Fund|Section 154.3565. Assessment on Outstanding Insurance-Funded Contracts to Pay Claims

Sec. 154.3565.  ASSESSMENT ON OUTSTANDING INSURANCE-FUNDED CONTRACTS TO PAY CLAIMS.  (a)  To pay a claim against the fund when the balance of the insurance-funded contract account is insufficient to pay that claim, the advisory council may assess each permit holder that has outstanding insurance-funded contracts an amount based on the permit holder's proportionate share of all outstanding insurance-funded contracts determined as of the end of the preceding calendar year.(b)  The assessments shall be deposited in the insurance-funded contract account within the fund and administered by the department and the advisory council in accordance with commission rules.(c)  An assessment made under this section is in addition to any assessment required by Section 154.3525.(d)  A seller whose permit is revoked or surrendered remains liable for any unpaid assessment made before the date of the revocation or surrender.|Added by Acts 2009, 81st Leg., R.S., Ch. 1190 (H.B. 3762), Sec. 28, eff. September 1, 2009.|
TX Fin Code § 154.357 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter H. Guaranty Fund|Section 154.357. Claim Against Seller, Funeral Provider, or Depository

Sec. 154.357.  CLAIM AGAINST SELLER, FUNERAL PROVIDER, OR DEPOSITORY.  The department may assert a claim against a seller, funeral provider, or depository that commits a violation of this chapter that could result in a claim against the fund.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 559 (H.B. 3004), Sec. 4, eff. June 17, 2011.|
TX Fin Code § 154.358 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter H. Guaranty Fund|Section 154.358. Claims Against Fund

Sec. 154.358.  CLAIMS AGAINST FUND.  (a)  The payment of a claim or expense from the fund is a matter of privilege and not of right, and a person does not have a vested right in the fund as a beneficiary or otherwise.(b)  A claim against the fund may be made by:(1)  a purchaser of a prepaid funeral benefits contract;(2)  a purchaser's estate;(3)  a permit holder or funeral provider who assumes or performs a contract; or(4)  a claimant for the benefit of a group of purchasers of prepaid funeral benefits contracts as part of a plan to arrange for another permit holder or funeral provider to assume the contract obligations.(c)  An approved claim or expense relating to a trust-funded contract may be paid only from the fund's trust-funded contract account.  An approved claim or expense relating to an insurance-funded contract may be paid only from the fund's insurance-funded contract account.|Added by Acts 2009, 81st Leg., R.S., Ch. 1190 (H.B. 3762), Sec. 29, eff. September 1, 2009.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 559 (H.B. 3004), Sec. 5, eff. June 17, 2011.|
TX Fin Code § 154.359 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter H. Guaranty Fund|Section 154.359. Permissible Uses of Fund

Sec. 154.359.  PERMISSIBLE USES OF FUND.  (a)  In addition to uses authorized by Section 154.354, the fund may be used to pay:(1)  a loss attributable to the failure or inability of a permit holder or funeral provider to perform its obligations under a prepaid funeral benefits contract;(2)  expenses of a plan to arrange for another permit holder or funeral provider to assume the obligations of the permit holder or funeral provider under a prepaid funeral benefits contract or a group of prepaid funeral benefits contracts if the commissioner finds, with the advice and consent of the advisory council, that the plan is reasonable and in the best interests of the contract beneficiaries;(3)  administrative expenses related to servicing and handling outstanding prepaid funeral benefits contracts:(A)  that have not been assumed by another permit holder; or(B)  the obligations under which have not been assumed by another funeral provider;(4)  expenses for administering the receivership of an insolvent permit holder or funeral provider if the permit holder's or funeral provider's assets are insufficient to pay those expenses; and(5)  expenses to employ and compensate a consultant, an agent, legal counsel, an accountant, and any other person appropriate and consistent with the purpose of the fund, as determined by the advisory council.(b)  The fund may not be required to pay any claimant an amount that exceeds the contractual obligations specified by the express written terms of the prepaid funeral benefits contract, including:(1)  a claim based on marketing materials;(2)  a claim based on side letters or other documents that do not comply with the requirements of this chapter;(3)  a claim based on misrepresentation of the benefits conferred by the contract or a funding insurance policy; or(4)  a claim for court costs, attorney's fees, penalties, or consequential or incidental damages.(c)  A claim may not be approved for a loss to the extent the claim is insured, bonded, or otherwise covered, protected, or reimbursed from other sources, including coverage provided by the Texas Life and Health Insurance Guaranty Association under Chapter 463, Insurance Code.|Added by Acts 2009, 81st Leg., R.S., Ch. 1190 (H.B. 3762), Sec. 29, eff. September 1, 2009.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 14 (S.B. 567), Sec. 11, eff. September 1, 2011.Acts 2011, 82nd Leg., R.S., Ch. 559 (H.B. 3004), Sec. 6, eff. June 17, 2011.|
TX Fin Code § 154.3595 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter H. Guaranty Fund|Section 154.3595. Default by Funeral Provider

Sec. 154.3595.  DEFAULT BY FUNERAL PROVIDER.  (a)  This section applies to a permit holder that administers a prepaid funeral benefits contract for which:(1)  the permit holder is not the funeral provider; and(2)  there is an actual or anticipated failure or inability of the funeral provider to perform its obligations under the contract.(a-1)  A permit holder to which this section applies shall notify each purchaser of an outstanding prepaid funeral benefits contract of any closure of the funeral provider named in the contract not later than the 90th day after the date of its receipt of notice of the closure.(b)  A permit holder to which this section applies shall make a reasonable effort to find a substitute funeral provider willing to assume the contractual obligations of the defaulting funeral provider.  A reasonable effort includes:(1)  identifying and contacting at least three funeral providers within the same community or geographic service area as the defaulting funeral provider;(2)  if at least three funeral providers do not exist within the same community or geographic service area, identifying and contacting at least three funeral providers within a 50-mile radius of the defaulting funeral provider; and(3)  for both Subdivisions (1) and (2), first contacting those funeral providers that the permit holder considers have services and facilities that are comparable to the defaulting funeral provider.(c)  A permit holder that is unable to locate a substitute funeral provider as required by Subsection (b) shall submit information to the advisory council describing or identifying:(1)  all prepaid funeral benefits contracts to which the defaulting funeral provider is a party;(2)  to the extent known, the circumstances underlying the default by the original funeral provider and any attempt by the permit holder to address the default with the defaulting funeral provider;(3)  any effort by the permit holder to find a substitute funeral provider, including:(A)  the location and identity of each contacted funeral provider;(B)  the terms offered to the funeral provider; and(C)  the terms of any counteroffer or other response made by the funeral provider; and(4)  other information known to the permit holder that the permit holder believes may be relevant or useful to the advisory council.(d)  The permit holder shall cooperate with the department and the advisory council in facilitating selection of a substitute funeral provider by complying with any reasonable request for:(1)  additional information;(2)  assistance in negotiating with a potential substitute funeral provider; or(3)  assistance in communicating with a purchaser of an affected prepaid funeral benefits contract.|Added by Acts 2011, 82nd Leg., R.S., Ch. 559 (H.B. 3004), Sec. 7, eff. June 17, 2011.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 39 (S.B. 297), Sec. 5, eff. September 1, 2013.|