reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 712.0442 (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 C. Regulation and Enforcement|Section 712.0442. Pattern of Wilful Disregard

Sec. 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 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 712.0441 be imposed on the person committing the violation or that the commissioner cancel or not renew the corporation's certificate of authority under this chapter if the person holds such a certificate.(b)  For the purposes of this section, violations corrected as provided by Section 712.0441 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 2001, 77th Leg., ch. 699, Sec. 18, eff. Sept. 1, 2001.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 532 (H.B. 2495), Sec. 12, eff. September 1, 2011.Acts 2011, 82nd Leg., R.S., Ch. 1336 (S.B. 1167), Sec. 12, eff. September 1, 2011.|
TX Health & Safety Code § 712.0443 (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 C. Regulation and Enforcement|Section 712.0443. Cease and Desist Order

Sec. 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 that the person has violated a law of this state relating to perpetual care cemeteries, including a violation of this chapter, the commissioner's final order, or a Finance Commission of Texas rule; and(2)  the violation was not corrected by the 31st day after the date the person receives written notice of the violation from the department.(b)  An order proposed under this section shall be served on the person and must state the grounds for the proposed order with reasonable certainty and the proposed effective date, which may not be less than the 20th day after the date the order is mailed or delivered.  The order becomes effective on the proposed date unless the person requests a hearing not later than the 19th day after the date the order is mailed or delivered.  If the person requests a hearing, the hearing shall be conducted in accordance with the procedures for a contested case hearing under Chapter 2001, Government Code.(c)  If a cease and desist order issued under this section names an officer, director, or employee of a perpetual care cemetery, the order may require the person named in the order to take corrective action to remedy the violation described by the order.|Added by Acts 2011, 82nd Leg., R.S., Ch. 532 (H.B. 2495), Sec. 13, eff. September 1, 2011.Added by Acts 2011, 82nd Leg., R.S., Ch. 1336 (S.B. 1167), Sec. 13, eff. September 1, 2011.Amended by: Acts 2019, 86th Leg., R.S., Ch. 274 (S.B. 1821), Sec. 3, eff. September 1, 2019.|
TX Health & Safety Code § 712.0444 (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 C. Regulation and Enforcement|Section 712.0444. Emergency Order

Sec. 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 public or a plot owner, marker purchaser, or other person whose interests are protected by this chapter.(a-1)  An emergency order must:(1)  state the grounds on which the order is granted;(2)  advise the person against whom the order is directed that the order takes effect immediately;(3)  to the extent applicable, require the person to:(A)  immediately cease and desist from the conduct or violation that is the basis of the order; or(B)  take the affirmative action stated in the order as necessary to correct a condition resulting from the conduct or violation that is the basis of the order or as otherwise appropriate;(4)  be delivered by personal delivery or sent by certified mail, return receipt requested, to the person at the person's last known address; and(5)  notify the person against whom the order is directed that the person may request a hearing on the order by filing a written request for a hearing with the commissioner not later than the 18th day after the date the order is delivered or mailed, whichever is earlier.(b)  The emergency order takes effect as soon as the person against whom the order is directed has actual or constructive knowledge of the issuance of the order.  An emergency order remains in effect unless stayed by the commissioner.(c)  The person named in the emergency order may request in writing, not later than the 18th day after the date the order is delivered or mailed, whichever is earlier, 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 not later than the 21st 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.(e)  Unless the commissioner receives a written request for a hearing in accordance with Subsection (c), the order is final on the 19th day after the date the order is delivered or mailed, whichever is earlier, and may not be appealed.|Added by Acts 2011, 82nd Leg., R.S., Ch. 532 (H.B. 2495), Sec. 13, eff. September 1, 2011.Added by Acts 2011, 82nd Leg., R.S., Ch. 1336 (S.B. 1167), Sec. 13, eff. September 1, 2011.Amended by: Acts 2015, 84th Leg., R.S., Ch. 19 (S.B. 656), Sec. 5, eff. May 15, 2015.Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(28), eff. September 1, 2017.|
TX Health & Safety Code § 712.0445 (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 C. Regulation and Enforcement|Section 712.0445. Receivership Proceedings

Sec. 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 seek the appointment of a receiver.  This remedy is in addition to other grounds for the appointment of a receiver.(b)  If the receiver is a private party, the receiver shall be compensated from the corporation or, if the corporation has no assets available to pay the receiver, from the income only of the perpetual care fund.  The receiver may not invade the principal of the fund.(c)  The court may appoint a department employee as receiver.  If the receiver is a department employee, the employee may not receive compensation for serving as receiver in addition to the employee's regular salary.  The department may receive reimbursement from the corporation for the travel expenses and the fully allocated personnel costs associated with the employee's service as receiver.(d)  A department employee serving as receiver is not personally liable for damages arising from the employee's official act or omission unless the act or omission is corrupt or malicious.  The attorney general shall defend an action brought against an employee serving as receiver because of an official act or omission as receiver regardless of whether the employee has terminated service with the department before the action commences.|Added by Acts 2011, 82nd Leg., R.S., Ch. 532 (H.B. 2495), Sec. 13, eff. September 1, 2011.Added by Acts 2011, 82nd Leg., R.S., Ch. 1336 (S.B. 1167), Sec. 13, eff. September 1, 2011.|
TX Health & Safety Code § 712.045 (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 C. Regulation and Enforcement|Section 712.045. Revocation or Suspension of Certificate of Authority

Sec. 712.045.  REVOCATION OR SUSPENSION OF CERTIFICATE OF AUTHORITY.  (a)  The commissioner by order may revoke or suspend a certificate of authority issued under this chapter if the commissioner determines through an investigation or other credible evidence that the certificate holder:(1)  violated this chapter, a rule adopted or order issued under this chapter, or another law of this state relating to cemeteries;(2)  misrepresented or concealed a material fact in the certificate application; or(3)  obtained or attempted to obtain the certificate by misrepresentation, concealment, or fraud.(b)  An order issued under Subsection (a) must state:(1)  with reasonable certainty, the grounds for the order; and(2)  the effective date of the order, which may not be earlier than the 16th day after the date the order is mailed.(c)  The commissioner shall provide an order described by Subsection (a) to the person named in the order by certified mail, return receipt requested, at the person's last known address.(d)  A person may request a hearing on an order described by Subsection (a) not later than the 15th day after the date the order is mailed.  If the person requests a hearing, the order is stayed until the hearing is resolved.  A hearing is a contested case under Chapter 2001, Government Code.|Added by Acts 2019, 86th Leg., R.S., Ch. 274 (S.B. 1821), Sec. 4, eff. September 1, 2019.|
TX Health & Safety Code § 712.048 (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 C. Regulation and Enforcement|Section 712.048. Criminal Penalties

Sec. 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 municipality, commits an offense if the person sells, offers to sell, or advertises for sale an interment right in a plot and, before a fund is established for the cemetery in which the plot is located as provided by this chapter, represents that the plot is under perpetual care.  An offense under this subsection is a Class A misdemeanor.  This subsection does not prevent an aggrieved party or the attorney general from maintaining a civil action for the recovery of damages caused by an injury resulting from an offense under this subsection.(b)  A person who is an individual, firm, association, corporation, or municipality, or an officer, agent, or employee of an individual, firm, association, corporation, or municipality, commits an offense if the person knowingly defalcates or misappropriates assets of a fund.  An offense under this subsection is punishable as if it were an offense under Section 32.45, Penal Code.(c)  A person commits an offense if the person collects money for the purchase of a memorial, as defined by Section 711.001, and knowingly defalcates or misappropriates the funds.  An offense under this subsection is punishable as if it were an offense under Section 32.45, Penal Code.  This subsection does not prevent an aggrieved party or the attorney general from maintaining a civil action for the recovery of damages, or the commissioner from maintaining an administrative action for restitution, caused by an injury resulting from an offense under this subsection.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 634, Sec. 46, eff. Sept. 1, 1993.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 532 (H.B. 2495), Sec. 14, eff. September 1, 2011.Acts 2011, 82nd Leg., R.S., Ch. 1336 (S.B. 1167), Sec. 14, eff. September 1, 2011.|
TX Health & Safety Code § 712.061 (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 D. Sale of Undeveloped Mausoleum Space|Section 712.061. Offer and Sale of Undeveloped Mausoleum Space

Sec. 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:(1)  establishes a preconstruction trust as provided by Section 712.063 or executes and submits a performance bond payable to the commissioner as provided by Section 712.067; and(2)  submits a written notice to the commissioner as required by Subsection (b).(b)  The written notice to the commissioner must set forth:(1)  the date the corporation anticipates that sales of undeveloped mausoleum spaces will begin;(2)  a copy of the sales contract proposed for use that complies with Section 712.066;(3)  if the corporation establishes a preconstruction trust as provided by Section 712.063, a copy of the executed preconstruction trust agreement that complies with this subchapter and identifies the preconstruction trustee;(4)  if the corporation submits a performance bond payable to the commissioner as provided by Section 712.067, the executed, original performance bond in the amount required by Section 712.067 and documentation supporting the corporation's computation of that amount; and(5)  other information the commissioner reasonably requires to properly administer and enforce this subchapter.(c)  At any time before beginning construction of the mausoleum or mausoleum section in which undeveloped mausoleum spaces are being sold, a corporation that has established a preconstruction trust may substitute a performance bond that meets the requirements of Section 712.067.  On acceptance of the performance bond by the commissioner, the corporation may terminate and withdraw all proceeds deposited in the preconstruction trust.|Added by Acts 2005, 79th Leg., Ch. 345 (S.B. 1173), Sec. 4, eff. September 1, 2005.Added by Acts 2005, 79th Leg., Ch. 1290 (H.B. 2581), Sec. 4, eff. September 1, 2005.|
TX Health & Safety Code § 712.062 (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 D. Sale of Undeveloped Mausoleum Space|Section 712.062. Deposits to Fund

Sec. 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., Ch. 345 (S.B. 1173), Sec. 4, eff. September 1, 2005.Added by Acts 2005, 79th Leg., Ch. 1290 (H.B. 2581), Sec. 4, eff. September 1, 2005.|
TX Health & Safety Code § 712.064 (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 D. Sale of Undeveloped Mausoleum Space|Section 712.064. Construction; Default

Sec. 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 made on or before a date that is 48 months after the date of the first of those sales or reservations and shall complete construction on or before a date that is 60 months after the date of the first of those sales or reservations.  The commissioner may grant extensions for good cause shown.(b)  If construction of a mausoleum or mausoleum section related to an undeveloped mausoleum space has not begun or been completely constructed by the applicable time specified by Subsection (a), on the written request of the buyer, the corporation and the preconstruction trustee shall, on or before the 30th day after the date of the buyer's request, refund the entire amount paid for the undeveloped mausoleum space plus, if the corporation established a preconstruction trust, net income earned on that portion of the money deposited in the preconstruction trust.  The corporation is liable to a buyer for any portion of the purchase price paid for undeveloped mausoleum spaces that was not deposited in the preconstruction trust.|Added by Acts 2005, 79th Leg., Ch. 345 (S.B. 1173), Sec. 4, eff. September 1, 2005.Added by Acts 2005, 79th Leg., Ch. 1290 (H.B. 2581), Sec. 4, eff. September 1, 2005.|
TX Health & Safety Code § 712.065 (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 D. Sale of Undeveloped Mausoleum Space|Section 712.065. Release of Trust Funds to Corporation

Sec. 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 trust and the net income earned on the money after submitting to the preconstruction trustee a sworn affidavit of completion executed by an officer or agent of the corporation on a form prescribed by the department.(b)  During construction of the mausoleum or mausoleum section containing the undeveloped mausoleum spaces, the corporation may periodically withdraw from the preconstruction trust an amount equal to the previously unreimbursed cost of performed labor or delivered materials after submitting to the preconstruction trustee a sworn affidavit of expenditures for construction cost executed by an officer or agent of the corporation on a form prescribed by the department.(c)  If the corporation delivers a completed mausoleum space acceptable to the buyer in lieu of the undeveloped mausoleum space purchased, the corporation may withdraw all money deposited to the preconstruction trust for that buyer and related income earned on the money after submitting to the preconstruction trustee a sworn affidavit of performance executed by an officer or agent of the corporation on a form prescribed by the department.(d)  The corporation shall maintain copies of the affidavits required by this section for examination by the department.|Added by Acts 2005, 79th Leg., Ch. 345 (S.B. 1173), Sec. 4, eff. September 1, 2005.Added by Acts 2005, 79th Leg., Ch. 1290 (H.B. 2581), Sec. 4, eff. September 1, 2005.|
TX Health & Safety Code § 712.066 (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 D. Sale of Undeveloped Mausoleum Space|Section 712.066. Contract Disclosures

Sec. 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 may cancel the contract for the failure of the corporation or its agent or contractor to construct the mausoleum or mausoleum section containing the undeveloped mausoleum space within the time limits specified by Section 712.064(a) and receive a refund of the entire amount paid under the contract for the undeveloped mausoleum space plus, if the corporation established a preconstruction trust, net income earned on that portion of the money deposited in the preconstruction trust, as provided by Section 712.064(b);(2)  of the options available under a fully paid contract in the event that the person to be interred in the undeveloped mausoleum space dies before completion of the related mausoleum or mausoleum section, which may include an option to:(A)  select a replacement mausoleum space or other interment that is acceptable to the buyer or buyer's representative; or(B)  elect temporary interment of the human remains or cremated remains in an existing mausoleum space until the undeveloped mausoleum space is completed, at which time the corporation shall disinter and reinter the human remains or cremated remains at no additional charge; and(3)  if the corporation does not offer a temporary interment option and the buyer does not accept a replacement mausoleum space or other interment, that the buyer or the buyer's representative by written notice may cancel the contract and receive a refund of the entire amount paid under the contract for the undeveloped mausoleum space plus, if the corporation established a preconstruction trust, net income earned on that portion of the money deposited in the preconstruction trust, as provided by Section 712.064(b).(b)  A corporation's sales contract for undeveloped mausoleum 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)  Required notices to buyers must be written in plain language designed to be easily understood by the average consumer and be printed in an easily readable font and type size.|Added by Acts 2005, 79th Leg., Ch. 345 (S.B. 1173), Sec. 4, eff. September 1, 2005.Added by Acts 2005, 79th Leg., Ch. 1290 (H.B. 2581), Sec. 4, eff. September 1, 2005.|
TX Health & Safety Code § 712.067 (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 D. Sale of Undeveloped Mausoleum Space|Section 712.067. Bond in Lieu of Preconstruction Trust

Sec. 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 authorized to do business in this state and reasonably acceptable to the commissioner.  The bond must be payable to the commissioner and conditioned on the faithful performance of the contracts for sale of undeveloped mausoleum spaces.(b)  The amount of the bond must equal or exceed 120 percent of the cost of construction of the related mausoleum or mausoleum section. The cost of construction of the mausoleum or mausoleum section must be based on:(1)  estimates of the design architect and two or more bids for the construction from qualified contractors authorized to do business in this state;(2)  the actual cost of construction set forth in an executed contract with a qualified contractor authorized to do business in this state; or(3)  if the corporation intends to construct the mausoleum or mausoleum section itself, an amount equal to 120 percent of the estimated cost of construction, including direct and allocated labor and material costs.(c)  At any time before beginning construction of the mausoleum or mausoleum section in which undeveloped mausoleum spaces are being sold, a corporation that has submitted a performance bond may establish a preconstruction trust that meets the requirements of Section 712.063.  On acceptance of the substituted preconstruction trust by the commissioner, the corporation may terminate and withdraw the previously submitted performance bond.|Added by Acts 2005, 79th Leg., Ch. 345 (S.B. 1173), Sec. 4, eff. September 1, 2005.Added by Acts 2005, 79th Leg., Ch. 1290 (H.B. 2581), Sec. 4, eff. September 1, 2005.|
TX Health & Safety Code § 712.068 (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 D. Sale of Undeveloped Mausoleum Space|Section 712.068. Reports

Sec. 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 to file with the department, in the form prescribed by the department, a full and true statement regarding the activities of any preconstruction trust that was subject to this subchapter at any time during the preceding calendar year.|Added by Acts 2005, 79th Leg., Ch. 345 (S.B. 1173), Sec. 4, eff. September 1, 2005.Added by Acts 2005, 79th Leg., Ch. 1290 (H.B. 2581), Sec. 4, eff. September 1, 2005.|