reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 712.0032 (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 712.0032. Certificate of Authority Requirement

Sec. 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., Ch. 532 (H.B. 2495), Sec. 8, eff. September 1, 2011.Added by Acts 2011, 82nd Leg., R.S., Ch. 1336 (S.B. 1167), Sec. 8, eff. September 1, 2011.|
TX Health & Safety Code § 712.0033 (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 712.0033. Certificate of Authority Application; Fees

Sec. 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 a corporation files its certificate of formation or application for registration with the secretary of state:(1)  file an application, made under oath, on a form prescribed by the department; and(2)  pay a filing fee in an amount set by the Finance Commission of Texas under Section 712.008.(b)  If the corporation fails to comply with Subsection (a), the commissioner may instruct the secretary of state to remove the corporation from the secretary's active records or cancel the corporation's registration.  On an instruction from the commissioner under this subsection, the secretary of state shall remove the corporation from the secretary's active records or cancel the corporation's registration and serve notice of the cancellation on the corporation by registered or certified letter, addressed to the corporation's address.(c)  A fee or cost paid under this chapter in connection with an application or renewal is not refundable.|Added by Acts 2011, 82nd Leg., R.S., Ch. 532 (H.B. 2495), Sec. 8, eff. September 1, 2011.Added by Acts 2011, 82nd Leg., R.S., Ch. 1336 (S.B. 1167), Sec. 8, eff. September 1, 2011.|
TX Health & Safety Code § 712.0034 (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 712.0034. Qualifications for Certificate of Authority; Investigation

Sec. 712.0034.  QUALIFICATIONS FOR CERTIFICATE OF AUTHORITY; INVESTIGATION.  (a)  The commissioner may:(1)  investigate an applicant before issuing a certificate of authority; and(2)  recover from the applicant reasonable costs the commissioner incurs in the investigation.(b)  To qualify for a certificate of authority under this chapter, an applicant must demonstrate to the satisfaction of the commissioner that:(1)  the applicant's business ability, experience, character, financial condition, and general fitness warrant the public's confidence;(2)  the cemetery operations manager has at least two years of experience in cemetery management;(3)  the issuance of the certificate of authority is in the public interest;(4)  the applicant, a principal of the applicant, or a person who controls the applicant does not owe the department a delinquent fee, assessment, administrative penalty, or other amount imposed under this chapter or a rule adopted or order issued under this chapter; and(5)  the applicant corporation:(A)  is in good standing and statutory compliance with this state;(B)  is authorized to engage in the perpetual care cemetery business in this state;(C)  does not owe any delinquent franchise or other taxes to this state; and(D)  wholly owns all land on which the perpetual care cemetery will be located.(c)  For purposes of Subsection (b)(5)(D), an applicant corporation is considered to wholly own land regardless of whether the land is subject to a mortgage, deed of trust, or other lien.|Added by Acts 2011, 82nd Leg., R.S., Ch. 532 (H.B. 2495), Sec. 8, eff. September 1, 2011.Added by Acts 2011, 82nd Leg., R.S., Ch. 1336 (S.B. 1167), Sec. 8, eff. September 1, 2011.Amended by: Acts 2017, 85th Leg., R.S., Ch. 71 (S.B. 1402), Sec. 2, eff. September 1, 2017.Acts 2019, 86th Leg., R.S., Ch. 274 (S.B. 1821), Sec. 1, eff. September 1, 2019.|
TX Health & Safety Code § 712.0035 (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 712.0035. Issuance of Certificate of Authority

Sec. 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 it is reasonable to believe that the applicant's cemetery business will be conducted fairly and lawfully, according to applicable state and federal law, and in a manner commanding the public's trust and confidence;(2)  the issuance of the certificate of authority is in the public interest;(3)  the documentation and forms required to be submitted by the applicant are acceptable; and(4)  the applicant has satisfied all requirements for issuance of a certificate of authority.(b)  The applicant is entitled, on request, to a hearing on a denial of the application.  The request must be filed with the commissioner not later than the 30th day after the date the notice of denial is mailed.  The hearing must be held not later than the 60th day after the date of the request unless the administrative law judge extends the period for good cause or the parties agree to a later hearing date.  The hearing is a contested case under Chapter 2001, Government Code.|Added by Acts 2011, 82nd Leg., R.S., Ch. 532 (H.B. 2495), Sec. 8, eff. September 1, 2011.Added by Acts 2011, 82nd Leg., R.S., Ch. 1336 (S.B. 1167), Sec. 8, eff. September 1, 2011.|
TX Health & Safety Code § 712.0036 (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 712.0036. Term of Certificate of Authority

Sec. 712.0036.  TERM OF CERTIFICATE OF AUTHORITY.  (a)  The Finance Commission of Texas by rule shall prescribe the term of and renewal procedures for a certificate of authority issued under this chapter.(b)  If the Finance Commission of Texas prescribes the term of a certificate of authority issued under this chapter for a period other than one year, the finance commission shall prorate any applicable fees as necessary to reflect the term of the certificate.|Added by Acts 2011, 82nd Leg., R.S., Ch. 532 (H.B. 2495), Sec. 8, eff. September 1, 2011.Added by Acts 2011, 82nd Leg., R.S., Ch. 1336 (S.B. 1167), Sec. 8, eff. September 1, 2011.Amended by: Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 45, eff. September 1, 2019.|For expiration of Subsections (a-1) and (a-2), see Subsection (a-2).
TX Health & Safety Code § 712.0038 (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 712.0038. Transfer or Assignment Prohibited

Sec. 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), Sec. 8, eff. September 1, 2011.Added by Acts 2011, 82nd Leg., R.S., Ch. 1336 (S.B. 1167), Sec. 8, eff. September 1, 2011.|
TX Health & Safety Code § 712.0039 (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 712.0039. Transfer of Business Ownership; Change of Control

Sec. 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 percent or more of the stock or other ownership or membership interest of the corporation as follows:(1)  in the case of a voluntary transfer, not later than the seventh day after the date the contract for transfer is executed; and(2)  in the case of an involuntary transfer, not later than one business day after receiving notice of the impending foreclosure or other involuntary transfer.(b)  If the proposed transferee would own more than 50 percent of the stock or other ownership or membership interest of the corporation and is not a certificate holder, the proposed transferee shall file any necessary documents with the secretary of state and an application for a certificate of authority with the department as required by this chapter.  If the proposed transferee is required to apply for a certificate of authority under this subsection, the transfer of the perpetual care fund may not occur until after the date a certificate of authority is issued to the transferee applicant.(c)  If the commissioner denies the application, a hearing may be requested and conducted according to the procedures in Section 712.0035(b).|Added by Acts 2011, 82nd Leg., R.S., Ch. 532 (H.B. 2495), Sec. 8, eff. September 1, 2011.Added by Acts 2011, 82nd Leg., R.S., Ch. 1336 (S.B. 1167), Sec. 8, eff. September 1, 2011.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 123 (S.B. 661), Sec. 8, eff. September 1, 2013.|
TX Health & Safety Code § 712.004 (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 712.004. Perpetual Care Trust Fund Required

Sec. 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 a fund by permanently depositing in cash with the trustee of the fund:(1)  $15,000, if the corporation has capital stock of $15,000;(2)  $30,000, if the corporation has capital stock of $30,000;  or(3)  $50,000, if the corporation has capital stock of $50,000 or more.(b)  Before obtaining a corporate charter, the incorporators of a corporation chartered on or after September 1, 1993, must establish a fund by permanently depositing in cash with the trustee of the fund an amount of not less than $50,000 for each perpetual care cemetery operated in this state.(c)  The fund shall be permanently set aside and deposited in trust with the trustee in accordance with Subchapter B.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 634, Sec. 28, eff. Sept. 1, 1993.|
TX Health & Safety Code § 712.005 (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 712.005. Cancellation of Charter for Failure to Begin Operation of Perpetual Care Cemetery

Sec. 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 granted and delivered, the commissioner may instruct the secretary of state to cancel the charter and serve notice of the cancellation on the corporation by registered or certified letter, addressed to the corporation's address.(b)  The commissioner may rescind the order of cancellation on:(1)  the application of the directors;(2)  the payment to the commissioner of a penalty set by the commissioner in an amount not to exceed $500;(3)  the execution and delivery to the commissioner of an agreement to begin actual operation of the perpetual care cemetery not later than one month after the date of the agreement;  and(4)  a proper showing by the trustee that the fund is on deposit.(c)  If the corporation does not begin actual operation as agreed, the commissioner by order may set aside the order of rescission and the cancellation is final.  The commissioner shall make a full report of the cancellation to the attorney general for liquidation of the corporation, if liquidation is necessary.(d)  If no sale of the dedicated cemetery property of the corporation is made, a certified copy of the order of cancellation authorizes the trustee to refund the fund to the incorporators who signed the corporation's articles of incorporation.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 634, Sec. 29, eff. Sept. 1, 1993.|
TX Health & Safety Code § 712.007 (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 712.007. Notice of Perpetual Care Required

Sec. 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 must contain the following:(1)  "Perpetual Care Cemetery," or "Endowment Care Cemetery";(2)  the names and telephone numbers of two of the corporation's officers or directors;  and(3)  the name of each bank or trust company entrusted with the fund.(c)  A corporation must include the following statement in each sales contract, certificate of ownership, or other instrument of conveyance of the exclusive right of sepulture:"This cemetery is operated as a perpetual care cemetery, which means that a perpetual care fund for its maintenance has been established in conformity with the laws of the State of Texas.  Perpetual care means to maintain, repair, and care for the cemetery, including the roads on cemetery property."(d)  The term "endowment care" may be substituted for the term "perpetual care" in the statement required by Subsection (c).|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 634, Sec. 30, eff. March 1, 1994.Amended by: Acts 2009, 81st Leg., R.S., Ch. 341 (H.B. 1031), Sec. 1, eff. September 1, 2009.|
TX Health & Safety Code § 712.008 (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 712.008. Rules

Sec. 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 and administering this chapter.(b)  The Finance Commission of Texas shall adopt rules establishing reasonable standards for:(1)  timely placement of burial markers or monuments in a perpetual care cemetery;  and(2)  timely response to consumer complaints made to a corporation that operates a perpetual care cemetery.|Added by Acts 2001, 77th Leg., ch. 699, Sec. 13, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 562, Sec. 37, eff. Sept. 1, 2003.|
TX Health & Safety Code § 712.009 (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 712.009. Limitations on Burials; Damages

Sec. 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 operates or owns a perpetual care cemetery may not inter the remains of an individual who may have caused the death of another person if:(1)  the victim is interred in that cemetery;  and(2)  the person having the right to control the disposition of the victim's remains under Section 711.002(a) gives written notice to the cemetery requesting that the individual not be interred in that cemetery if:(A)  the individual was convicted under Section 19.02, 19.03, 19.05, or 49.08, Penal Code, for causing the death of the victim, or convicted under a similar statute of another state;  or(B)  the individual was identified as causing the death of the victim, in violation of a provision described by Paragraph (A), by the medical examiner or law enforcement agency having jurisdiction over the offense, and the individual dies before being convicted of the offense.(c)  An individual, corporation, partnership, firm, trust, or association that violates Subsection (b) is liable to the person having the right to control the disposition of the victim's remains under Section 711.002(a) for:(1)  any actual damages incurred;(2)  punitive damages not to exceed $10,000;  and(3)  reasonable attorney's fees and court costs incurred in an effort to enforce compliance with Subsection (b).(d)  Damages under Subsection (c) may not be assessed if the individual, corporation, partnership, firm, trust, or association that operates the cemetery proves by a preponderance of the evidence that:(1)  the cemetery is the only cemetery serving the municipality or county in which the victim and individual causing the victim's death lived;  and(2)  the bodies of the victim and individual causing the victim's death were placed as far apart as possible in, or in different parts of, the cemetery.(e)  An individual, corporation, partnership, firm, trust, or association operating or owning a perpetual care cemetery and barred from interring remains of an individual under this section may not be held liable for damages by a person having the right to control the disposition of the individual's remains under Section 711.002(a), including damages for failure to provide for interment under a contract executed before the delivery of the written notice under Subsection (b)(2).(f)  A notice under Subsection (b)(2) expires seven years after the date the notice is delivered.  A new notice may be delivered on the expiration of each previous notice.|Added by Acts 2001, 77th Leg., ch. 699, Sec. 14, eff. Sept. 1, 2001.|
TX Health & Safety Code § 712.020 (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 B. Perpetual Care Trust Fund|Section 712.020. Conflict With Other Law

Sec. 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., R.S., Ch. 19 (S.B. 656), Sec. 1, eff. May 15, 2015.|
TX Health & Safety Code § 712.022 (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 B. Perpetual Care Trust Fund|Section 712.022. Operation of Perpetual Care Cemetery

Sec. 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 requirements of this chapter for obtaining a certificate of authority; and(2)  establishes a fund as provided by Section 712.021 in an amount equal to the larger of:(A)  the amount that would have been paid into the fund if the cemetery operated as a perpetual care cemetery from the date of the cemetery's first sale of plots; or(B)  the minimum amount provided by Section 712.004.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 634, Sec. 32, eff. Sept. 1, 1993.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 532 (H.B. 2495), Sec. 9, eff. September 1, 2011.Acts 2011, 82nd Leg., R.S., Ch. 1336 (S.B. 1167), Sec. 9, eff. September 1, 2011.|
TX Health & Safety Code § 712.023 (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 B. Perpetual Care Trust Fund|Section 712.023. Validity of Contributions

Sec. 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 instrument establishing the fund;  or(2)  a violation of the law against perpetuities or the law against the suspension of the power of alienation of title to or use of property.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 634, Sec. 33, eff. Sept. 1, 1993.|
TX Health & Safety Code § 712.024 (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 B. Perpetual Care Trust Fund|Section 712.024. Amendment of Trust Instrument

Sec. 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 with this chapter.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 634, Sec. 34, eff. Sept. 1, 1993.|
TX Health & Safety Code § 712.025 (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 B. Perpetual Care Trust Fund|Section 712.025. Use of Fund Distributions

Sec. 712.025.  USE OF FUND DISTRIBUTIONS.  Fund distributions may be used only to provide the perpetual care described by the instrument that established the fund, including the general care and maintenance of the property entitled to perpetual care in the perpetual care cemetery.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 634, Sec. 35, eff. Sept. 1, 1993;  Acts 2003, 78th Leg., ch. 562, Sec. 38, eff. Sept. 1, 2003.Amended by: Acts 2017, 85th Leg., R.S., Ch. 1051 (H.B. 1948), Sec. 4, eff. September 1, 2017.|
TX Health & Safety Code § 712.0255 (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 B. Perpetual Care Trust Fund|Section 712.0255. Judicial Modification or Termination of Fund

Sec. 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 that section, the commissioner may petition a court under that section if the permissible distributions from the fund are inadequate to maintain, repair, and care for the perpetual care cemetery and another source for providing additional contributions to the fund is unavailable.(b)  If feasible, the corporation for the perpetual care cemetery and the trustee of the fund are necessary parties to an action described by this section.  A court may not modify or terminate the fund without the consent of the commissioner.(c)  At the request or with the consent of the commissioner, the court may order the distribution and transfer of all or a portion of the assets in the fund to a nonprofit corporation, municipality, county, or other appropriate person who is willing to accept, continue to care for, and maintain the perpetual care cemetery.  A transfer under this subsection does not limit the court's ability to modify or terminate the fund under an action described by this section.|Added by Acts 2015, 84th Leg., R.S., Ch. 19 (S.B. 656), Sec. 3, eff. May 15, 2015.Amended by: Acts 2017, 85th Leg., R.S., Ch. 1051 (H.B. 1948), Sec. 5, eff. September 1, 2017.|