reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 711.055 (2021)
2021 Texas Statutes|Health and Safety Code|Title 8 - Death and Disposition of the Body|Subtitle C - Cemeteries and Crematories|Chapter 711 - General Provisions Relating to Cemeteries|Subchapter D. Enforcement|Section 711.055. Enforcement by Commissioner

Sec. 711.055.  ENFORCEMENT BY COMMISSIONER.  (a)  Chapter 2001, Government Code, applies to a proceeding under this section.(b)  After notice and opportunity for hearing, the commissioner may impose an administrative penalty on a person who:(1)  violates this chapter or a final order of the commissioner or rule of the Finance Commission of Texas and does not correct the violation before the 31st day after the date the person receives written notice of the violation from the Texas Department of Banking;  or(2)  engages in a pattern of violations, as determined by the commissioner.(c)  The amount of the penalty for each violation may not exceed $1,000 for each day the violation occurs.(d)  In determining the amount of the penalty, the commissioner shall consider the seriousness of the violation, the person's history of violations, and the person's good faith in attempting to comply with this chapter.  The commissioner may collect the penalty in the same manner that a money judgment is enforced in district court.(e)  In addition to any penalty that may be imposed under Subsection (b), the commissioner may bring a civil action against a person to enjoin a violation described in Subsection (b) that has not been corrected within 30 days after receipt by the person of written notice of the violation from the commissioner.  The civil action may be brought in the district court of the county in which the cemetery is operated.(f)  The commissioner may issue an order to cease and desist if a violation described in Subsection (b) has not been corrected within 30 days after receipt by the person of written notice of the violation from the commissioner.  Any order proposed under this subsection shall be served on the person, shall state the grounds for the proposed order with reasonable certainty, and shall state the proposed effective date, which may not be less than 15 days after receipt by the person.  Unless the person requests a hearing within 15 days after the receipt, the order is effective as proposed.|Added by Acts 2003, 78th Leg., ch. 562, Sec. 35, eff. Sept. 1, 2003.|
TX Health & Safety Code § 711.056 (2021)
2021 Texas Statutes|Health and Safety Code|Title 8 - Death and Disposition of the Body|Subtitle C - Cemeteries and Crematories|Chapter 711 - General Provisions Relating to Cemeteries|Subchapter D. Enforcement|Section 711.056. Pattern of Wilful Disregard

Sec. 711.056.  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 a rule of the Finance Commission of Texas establishes a pattern of wilful disregard for the requirements of this chapter or rules of the finance commission, the trier of fact may recommend to the commissioner that the maximum administrative penalty permitted under Section 711.055 be imposed on the person committing the violation or that the commissioner cancel or not renew the person's permit under Chapter 154, Finance Code, if the person holds such a permit.(b)  For the purposes of this section, violations corrected as provided by Section 711.055 may be included in determining whether a pattern of wilful disregard for the requirements of this chapter or rules of the finance commission exists.|Added by Acts 2003, 78th Leg., ch. 562, Sec. 35, eff. Sept. 1, 2003.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 220 (H.B. 52), Sec. 8, eff. September 1, 2013.Acts 2017, 85th Leg., R.S., Ch. 71 (S.B. 1402), Sec. 1, eff. September 1, 2017.Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 42, eff. September 1, 2019.|
TX Health & Safety Code § 711.057 (2021)
2021 Texas Statutes|Health and Safety Code|Title 8 - Death and Disposition of the Body|Subtitle C - Cemeteries and Crematories|Chapter 711 - General Provisions Relating to Cemeteries|Subchapter D. Enforcement|Section 711.057. Emergency Order

Sec. 711.057.  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 public or a beneficiary under a sale of the exclusive right of sepulture in a plot.(b)  An emergency order remains in effect unless stayed by the commissioner.(c)  The person named in the order may request in writing an opportunity for a hearing to show that the emergency order should be stayed.  On receipt of the request, the commissioner shall set a time for the hearing before the 22nd day after the date the commissioner received the request, unless extended at the request of the person named in the order.(d)  The hearing is an administrative hearing relating to the validity of findings that support immediate effect of the order.|Added by Acts 2013, 83rd Leg., R.S., Ch. 220 (H.B. 52), Sec. 9, eff. September 1, 2013.|
TX Health & Safety Code § 711.058 (2021)
2021 Texas Statutes|Health and Safety Code|Title 8 - Death and Disposition of the Body|Subtitle C - Cemeteries and Crematories|Chapter 711 - General Provisions Relating to Cemeteries|Subchapter D. Enforcement|Section 711.058. Restitution

Sec. 711.058.  RESTITUTION.  The commissioner may issue an order to a person requiring restitution if, after notice and opportunity for hearing, the commissioner finds that the person:(1)  failed to remit a fee in accordance with Section 711.0381; or(2)  misappropriated, converted, or illegally withheld or failed or refused to pay on demand money entrusted to the person that belongs to a cemetery organization under an instrument of conveyance.|Added by Acts 2013, 83rd Leg., R.S., Ch. 220 (H.B. 52), Sec. 9, eff. September 1, 2013.|
TX Health & Safety Code § 711.059 (2021)
2021 Texas Statutes|Health and Safety Code|Title 8 - Death and Disposition of the Body|Subtitle C - Cemeteries and Crematories|Chapter 711 - General Provisions Relating to Cemeteries|Subchapter D. Enforcement|Section 711.059. Seizure of Accounts and Records

Sec. 711.059.  SEIZURE OF ACCOUNTS AND RECORDS.(a)  The commissioner may issue an order to seize accounts in which funds from the sale or resale of the exclusive right of sepulture in a plot, including earnings, may be held and may issue an order to seize the records that relate to the sale or resale of the exclusive right of sepulture in a plot if the commissioner finds, by examination or other credible evidence, that the person:(1)  failed to remit a fee in accordance with Section 711.0381;(2)  misappropriated, converted, or illegally withheld or failed or refused to pay on demand money entrusted to the person that belongs to a cemetery organization under an instrument of conveyance; or(3)  refused to submit to examination by the department.(b)  An order shall be served on the person named in the order by certified mail, return receipt requested, to the last known address of the person.(c)  An order takes effect immediately and remains in effect unless stayed by the commissioner, if the commissioner finds that immediate and irreparable harm is threatened to the public or a beneficiary under a sale of the exclusive right of sepulture in a plot.  If such a threat does not exist, the order must state the effective date, which may not be before the 16th day after the date the order is mailed.(d)  An emergency order remains in effect unless stayed by the commissioner.  The person named in the order may request in writing an opportunity for a hearing to show that the emergency order should be stayed.  On receipt of the request, the commissioner shall set a time before the 22nd day after the date the commissioner received the request, unless extended at the request of the person named in the order.  The hearing is an administrative hearing relating to the findings that support immediate effect of the order.(e)  A nonemergency order takes effect as proposed unless the person named in the order requests a hearing not later than the 15th day after the date the order is mailed.(f)  After the issuance of an order under this section, the commissioner may initiate an administrative claim for ancillary relief, including a claim for:(1)  costs incurred in the administration, transfer, or other disposition of the seized assets and records; or(2)  costs reasonably expected to be incurred in connection with the administration and performance of any outstanding certificate of ownership or other instrument of conveyance that is a part of a sale by the person subject to the order.(g)  The remedy provided by Subsection (f) is not exclusive.  The commissioner may seek an additional remedy authorized under this subchapter.|Added by Acts 2013, 83rd Leg., R.S., Ch. 220 (H.B. 52), Sec. 9, eff. September 1, 2013.Amended by: Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 43, eff. September 1, 2019.|
TX Health & Safety Code § 711.061 (2021)
2021 Texas Statutes|Health and Safety Code|Title 8 - Death and Disposition of the Body|Subtitle C - Cemeteries and Crematories|Chapter 711 - General Provisions Relating to Cemeteries|Subchapter E. Lawn Crypts|Section 711.061. Requirements for Lawn Crypts

Sec. 711.061.  REQUIREMENTS FOR LAWN CRYPTS.  (a)  A lawn crypt may not be installed unless:(1)  the lawn crypt is constructed of concrete and reinforced steel or other comparably durable material;(2)  the lawn crypt is installed on not less than six inches of rock, gravel, or other drainage material;(3)  the lawn crypt provides a method to drain water out of the lawn crypt;(4)  the outside top surface of the lawn crypt at the time of installation is at least 1-1/2 feet below the surface of the ground as required by Section 714.001(a)(2) and is capable of withstanding the weight of the soil and sod above the top surface and the weight of machinery and equipment normally used in the maintenance of the cemetery;(5)  the lawn crypt is installed in a garden or other section of the cemetery that has been dedicated for lawn crypt interment purposes in accordance with Section 711.034; and(6)  the lawn crypt is installed in multiple units of 10 or more or as prescribed by Subsection (b).(b)  A lawn crypt that is part of a private estate may be installed in fewer than 10 units.  For purposes of this subsection, a private estate is a small section of a cemetery that has the following characteristics:(1)  is sold under a single contract;(2)  is usually offset from other burial sites;(3)  allows for interment of several members of the same family or their designees; and(4)  is identified on the plat for cemetery property as a private estate in accordance with Section 711.034.|Added by Acts 1997, 75th Leg., ch. 1389, Sec. 4, eff. Sept. 1, 1997.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 532 (H.B. 2495), Sec. 3, eff. September 1, 2011.Acts 2011, 82nd Leg., R.S., Ch. 1336 (S.B. 1167), Sec. 3, eff. September 1, 2011.|
TX Health & Safety Code § 711.063 (2021)
2021 Texas Statutes|Health and Safety Code|Title 8 - Death and Disposition of the Body|Subtitle C - Cemeteries and Crematories|Chapter 711 - General Provisions Relating to Cemeteries|Subchapter E. Lawn Crypts|Section 711.063. Construction; Default

Sec. 711.063.  CONSTRUCTION; DEFAULT.  (a)  A cemetery in which undeveloped lawn crypt spaces are being sold or reserved for sale shall begin construction on the lawn crypt section not later than 48 months after the date of the first sale or reservation, whichever is earlier, and must complete construction not later than 60 months after the date of the first sale or reservation, whichever is earlier.(b)  If construction of a lawn crypt section described by Subsection (a) does not begin or has not been completed by the dates specified in Subsection (a), on the buyer's written request, the cemetery shall refund the entire amount paid for the undeveloped lawn crypt space not later than the 30th day after the date of the buyer's request.|Added by Acts 2011, 82nd Leg., R.S., Ch. 532 (H.B. 2495), Sec. 4, eff. September 1, 2011.Added by Acts 2011, 82nd Leg., R.S., Ch. 1336 (S.B. 1167), Sec. 4, eff. September 1, 2011.|
TX Health & Safety Code § 711.064 (2021)
2021 Texas Statutes|Health and Safety Code|Title 8 - Death and Disposition of the Body|Subtitle C - Cemeteries and Crematories|Chapter 711 - General Provisions Relating to Cemeteries|Subchapter E. Lawn Crypts|Section 711.064. Contract Disclosures

Sec. 711.064.  CONTRACT DISCLOSURES.  (a)  A sales contract for an undeveloped lawn crypt space must contain terms, whether in English or Spanish, that inform the buyer:(1)  that the buyer may, after providing written notice, cancel the contract for failure by the cemetery or contractor to construct the lawn crypt space within the time limits specified by Section 711.063(a) and receive a refund of the entire amount paid under the contract for the undeveloped lawn crypt space as described by Section 711.063(b); and(2)  of the options available under a fully paid contract if the person to be interred in the undeveloped lawn crypt space dies before completion of the related lawn crypt section, including the option to:(A)  select a replacement lawn crypt space or other interment acceptable to the buyer or the buyer's representative;(B)  elect temporary interment of the human remains or cremated remains in an existing mausoleum space until the undeveloped lawn crypt space is completed, at which time the cemetery shall disinter and reinter the human remains or cremated remains at no additional charge to the buyer; or(C)  cancel the contract on written notice of the buyer or the buyer's representative and receive a refund of the entire amount paid under the contract for the undeveloped lawn crypt space if:(i)  the cemetery does not offer a temporary interment option; or(ii)  the buyer or the buyer's representative does not accept a replacement lawn crypt or other interment.(b)  A sales contract for undeveloped lawn crypt space must comply with applicable regulations of the Federal Trade Commission, including 16 C.F.R. Section 433.2, with respect to a contract payable in installments.(c)  Each notice required by this section must be written in plain language designed to be easily understood by the average consumer and must be printed in an easily readable font and type size.|Added by Acts 2011, 82nd Leg., R.S., Ch. 532 (H.B. 2495), Sec. 4, eff. September 1, 2011.Added by Acts 2011, 82nd Leg., R.S., Ch. 1336 (S.B. 1167), Sec. 4, eff. September 1, 2011.|
TX Health & Safety Code § 711.081 (2021)
2021 Texas Statutes|Health and Safety Code|Title 8 - Death and Disposition of the Body|Subtitle C - Cemeteries and Crematories|Chapter 711 - General Provisions Relating to Cemeteries|Subchapter F. Powers and Duties of Department|Section 711.081. Definitions

Sec. 711.081.  DEFINITIONS.  In this subchapter:(1)  "Commission" means the Finance Commission of Texas.(2)  "Commissioner" means the banking commissioner of Texas.(3)  "Department" means the Texas Department of Banking.|Added by Acts 2013, 83rd Leg., R.S., Ch. 220 (H.B. 52), Sec. 10, eff. September 1, 2013.|
TX Health & Safety Code § 711.082 (2021)
2021 Texas Statutes|Health and Safety Code|Title 8 - Death and Disposition of the Body|Subtitle C - Cemeteries and Crematories|Chapter 711 - General Provisions Relating to Cemeteries|Subchapter F. Powers and Duties of Department|Section 711.082. Administration; Fees

Sec. 711.082.  ADMINISTRATION; FEES.  (a)  The department shall administer Subchapter C relating to cemetery brokers.(b)  The commission may adopt reasonable rules concerning:(1)  fees to defray the cost of administering Subchapter C;(2)  the retention and inspection of records relating to the sale or resale of the exclusive right of sepulture in a plot;(3)  changes in the management or control of a cemetery broker's business; and(4)  any other matter relating to the enforcement and administration of Subchapter C.(c)  A fee set by the commission may not produce unnecessary fund balances.|Added by Acts 2013, 83rd Leg., R.S., Ch. 220 (H.B. 52), Sec. 10, eff. September 1, 2013.Amended by: Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 44, eff. September 1, 2019.|
TX Health & Safety Code § 711.083 (2021)
2021 Texas Statutes|Health and Safety Code|Title 8 - Death and Disposition of the Body|Subtitle C - Cemeteries and Crematories|Chapter 711 - General Provisions Relating to Cemeteries|Subchapter F. Powers and Duties of Department|Section 711.083. Records; Examination

Sec. 711.083.  RECORDS; EXAMINATION.  (a)  A person acting as a cemetery broker shall maintain records in accordance with this subchapter and Section 711.0381.(b)  The department shall examine the records of each person acting as a cemetery broker if the commissioner determines the examination is necessary to:(1)  safeguard the interests of purchasers and beneficiaries of the exclusive right of sepulture in a plot; and(2)  efficiently enforce applicable law.(c)  A person may maintain and provide a record required to be maintained under this section in an electronic format if the record is reliable and can be retrieved in a timely manner.|Added by Acts 2013, 83rd Leg., R.S., Ch. 220 (H.B. 52), Sec. 10, eff. September 1, 2013.|
TX Health & Safety Code § 711.084 (2021)
2021 Texas Statutes|Health and Safety Code|Title 8 - Death and Disposition of the Body|Subtitle C - Cemeteries and Crematories|Chapter 711 - General Provisions Relating to Cemeteries|Subchapter F. Powers and Duties of Department|Section 711.084. Examination Fee

Sec. 711.084.  EXAMINATION FEE.  (a)  For each examination conducted under Section 711.083, the commissioner or the commissioner's agent shall impose on the cemetery broker a fee in an amount set by the commission under Section 711.082.(b)  The amount of the fee must be sufficient to cover:(1)  the cost of the examination, including:(A)  salary and travel expenses for department employees, including travel to and from the place where the records are kept; and(B)  any other expense necessarily incurred in conducting the examination;(2)  the equitable or proportionate cost of maintaining and operating the department; and(3)  the cost of enforcing this subchapter.|Added by Acts 2013, 83rd Leg., R.S., Ch. 220 (H.B. 52), Sec. 10, eff. September 1, 2013.|
TX Health & Safety Code § 712.001 (2021)
2021 Texas Statutes|Health and Safety Code|Title 8 - Death and Disposition of the Body|Subtitle C - Cemeteries and Crematories|Chapter 712 - Perpetual Care Cemeteries|Subchapter A. General Provisions|Section 712.001. Definitions

Sec. 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.(2)  "Commissioner" means the Banking Commissioner of Texas.(3)  "Corporation" means a filing entity or foreign filing entity, as those terms are defined by Section 1.002, Business Organizations Code, or an entity that is organized under this chapter, or any corresponding statute in effect before September 1, 1993, to operate one or more perpetual care cemeteries in this state.(4)  "Fund" means a perpetual care trust fund established by one or more corporations under this chapter or any corresponding statute in effect before September 1, 1993.(4-a)  "Preconstruction trust" means a trust established by a corporation under this chapter for the purpose of administering proceeds from sales of undeveloped mausoleum spaces.(4-b)  "Preconstruction trustee" means the trustee of a preconstruction trust.(5)  "Trustee" means the trustee of a cemetery perpetual care trust fund.(6)  "Undeveloped mausoleum space" means a crypt or niche in a mausoleum or mausoleum section that is designed to contain at least 10 crypt or niche interments and that is not ready for the interment of human remains or cremated remains on the date an interment right pertaining to the mausoleum space is sold.  The term does not include a private mausoleum or mausoleum section in which all mausoleum spaces are intended to be sold under a single contract.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 634, Sec. 24, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 345 (S.B. 1173), Sec. 1, eff. September 1, 2005.Acts 2005, 79th Leg., Ch. 1290 (H.B. 2581), Sec. 1, eff. September 1, 2005.Acts 2011, 82nd Leg., R.S., Ch. 532 (H.B. 2495), Sec. 5, eff. September 1, 2011.Acts 2011, 82nd Leg., R.S., Ch. 1336 (S.B. 1167), Sec. 5, eff. September 1, 2011.|
TX Health & Safety Code § 712.002 (2021)
2021 Texas Statutes|Health and Safety Code|Title 8 - Death and Disposition of the Body|Subtitle C - Cemeteries and Crematories|Chapter 712 - Perpetual Care Cemeteries|Subchapter A. General Provisions|Section 712.002. Exemptions From Chapter

Sec. 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 plot owners not operated for profit;(3)  a church, a religious society or denomination, or an entity solely administering the temporalities of a church or religious society or denomination;  or(4)  a public cemetery owned by this state, a county, or a municipality.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 634, Sec. 25, eff. Sept. 1, 1993;  Acts 2003, 78th Leg., ch. 562, Sec. 36, eff. Sept. 1, 2003.|
TX Health & Safety Code § 712.003 (2021)
2021 Texas Statutes|Health and Safety Code|Title 8 - Death and Disposition of the Body|Subtitle C - Cemeteries and Crematories|Chapter 712 - Perpetual Care Cemeteries|Subchapter A. General Provisions|Section 712.003. Registration Required; Minimum Capital

Sec. 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 transact business for a foreign filing entity is filed with the secretary of state showing:(1)  subscriptions and payments in cash for 100 percent of the entity's ownership or membership interests;(2)  the location of its perpetual care cemetery; and(3)  a certificate showing the deposit in its fund of the minimum amount required under Section 712.004.(b)  A corporation chartered on or after September 5, 1955, and before September 1, 1993, must have a minimum capital of:(1)  $15,000, if the cemetery serves a municipality with a population of less than 15,000;(2)  $30,000, if the cemetery serves a municipality with a population of 15,000 to 25,000;  or(3)  $50,000, if the cemetery serves a municipality with a population of at least 25,000.(c)  A corporation chartered on or after September 1, 1993, and before September 1, 2013, must have:(1)  a minimum capital of $75,000; and(2)  a minimum of $75,000 in capital for each certificate of authority to operate a perpetual care cemetery issued to the corporation on or after September 1, 2013.(c-1)  A corporation whose certificate of formation takes effect on or after September 1, 2013, must have a minimum of $75,000 in capital for each certificate of authority to operate a perpetual care cemetery issued to the corporation.(d)  A nonprofit association or corporation operated solely for the benefit of plot owners seeking to convert a cemetery to a perpetual care cemetery under this chapter is not required to meet the requirements prescribed by this section and Section 712.004 if the cemetery has existed for at least 75 years and the association or corporation has operated the cemetery for the preceding 10 years.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 218, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 634, Sec. 26, eff. Sept. 1, 1993.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 532 (H.B. 2495), Sec. 6, eff. September 1, 2011.Acts 2011, 82nd Leg., R.S., Ch. 532 (H.B. 2495), Sec. 7, eff. September 1, 2011.Acts 2011, 82nd Leg., R.S., Ch. 1336 (S.B. 1167), Sec. 6, eff. September 1, 2011.Acts 2011, 82nd Leg., R.S., Ch. 1336 (S.B. 1167), Sec. 7, eff. September 1, 2011.Acts 2013, 83rd Leg., R.S., Ch. 123 (S.B. 661), Sec. 7, eff. September 1, 2013.|