reglab/statecodes huggingface dataset:
2023 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 C. Cemetery Organizations › Section 711.035. Effect of Dedication

Sec. 711.035.  EFFECT OF DEDICATION.  (a)  Property may be dedicated for cemetery purposes, and the dedication is permitted in respect for the dead, for the disposition of remains, and in fulfillment of a duty to and for the benefit of the public.
(b)  Dedication of cemetery property and title to the exclusive right of sepulture of a plot owner are not affected by the dissolution of the cemetery organization, nonuse by the cemetery organization, alienation, encumbrance, or forced sale of the property.
(c)  Dedication of cemetery property may not be invalidated because of 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.
(d)  A railroad, street, road, alley, pipeline, telephone, telegraph, electric line, wind turbine, cellular telephone tower, or other public utility or thoroughfare may not be placed through, over, or across a part of a dedicated cemetery without the consent of:
(1)  the directors of the cemetery organization that owns or operates the cemetery; or
(2)  at least two-thirds of the owners of plots in the cemetery.
(e)  All property of a dedicated cemetery, including a road, alley, or walk in the cemetery:
(1)  is exempt from public improvements assessments, fees, and public taxation;  and
(2)  may not be sold on execution or applied in payment of debts due from individual owners and plots.
(f)  Dedicated cemetery property shall be used exclusively for cemetery purposes until the dedication is removed by court order or until the maintenance of the cemetery is enjoined or abated as a nuisance under Section 711.007.
(g)  Property is considered to be dedicated cemetery property if:
(1)  one or more human burials are present on the property;  or
(2)  a dedication of the property for cemetery use is recorded in the deed records of the county where the land is located.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 634, Sec. 16, eff. Sept. 1, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 914 (H.B. 2927), Sec. 9, eff. September 1, 2009.
2023 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 C. Cemetery Organizations › Section 711.036. Removal of Dedication

Sec. 711.036.  REMOVAL OF DEDICATION.  (a)  A cemetery organization may petition a district court of the county in which its dedicated cemetery is located to remove the dedication with respect to all or any portion of the cemetery if:
(1)  all the remains have been removed from that portion of the cemetery where the dedication is to be removed;  or
(2)  no interments were made in that portion of the cemetery where the dedication is to be removed and that portion of the cemetery is not used or necessary for interment purposes.
(b)  An owner of land adjacent to a cemetery for which a cemetery organization or other governing body does not exist may petition a district court of the county in which the cemetery is located to remove any human remains and the dedication for all or any portion of the cemetery.  In addition to the notice required by Section 711.004, notice of a petition filed under this subsection must be given to the Texas Historical Commission and to the county historical commission of the county in which the cemetery is located.  The court may consult the Texas Historical Commission and the county historical commission in making a decision under this section.  The court may also designate or appoint any person, party, court appointed representative, or official the court considers necessary to assist in determining whether the removal is in the public interest. Unknown next of kin of deceased persons buried in the cemetery shall be served by publication of a notice in a newspaper of general circulation in the county in which the cemetery is located, or if there is not a newspaper of general circulation in the county, in a newspaper of general circulation in an adjacent county.  A reasonable good faith effort shall be made to remove all remains and monuments from the cemetery or that portion of the cemetery for which the dedication is to be removed.
(c)  The court shall order the removal of the human remains and the dedication on notice and proof satisfactory to the court that the removal is in the public interest.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 634, Sec. 17, eff. Sept. 1, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 914 (H.B. 2927), Sec. 10, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 817 (H.B. 2430), Sec. 3, eff. June 10, 2019.
2023 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 C. Cemetery Organizations › Section 711.037. Lien Against Cemetery Property

Sec. 711.037.  LIEN AGAINST CEMETERY PROPERTY.  (a)  A cemetery organization by contract may incur indebtedness as required to conduct its business and may secure the indebtedness by mortgage, deed of trust, or other lien against its property.
(b)  A mortgage, deed of trust, or other lien placed on dedicated cemetery property, or on cemetery property that is later dedicated with the consent of the holder of the lien, does not affect the dedication and is subject to the dedication.  A sale on foreclosure of the lien is subject to the dedication of the property for cemetery purposes.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 634, Sec. 18, eff. Sept. 1, 1993.
2023 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 C. Cemetery Organizations › Section 711.038. Sale of Plots by Cemetery Organizations

Sec. 711.038.  SALE OF PLOTS BY CEMETERY ORGANIZATIONS.  (a)  A cemetery organization may sell and convey the exclusive right of sepulture in a plot:
(1)  after a map or plat and a certificate or declaration of dedication are filed as provided by Section 711.034;
(2)  subject to the rules of the cemetery organization and the restrictions in the certificate of ownership or other instrument of conveyance;  and
(3)  after payment in full of the purchase price of the plot.
(b)  A certificate of ownership or other instrument evidencing the conveyance of the exclusive right of sepulture by a cemetery organization must be signed by the president or vice-president and the secretary or other officers authorized by the cemetery organization.
(c)  A conveyance of the exclusive right of sepulture must be filed and recorded in the cemetery organization's office.
(d)  A plot or a part of a plot that is conveyed as a separate plot by a certificate of ownership or other instrument may not be divided without the consent of the cemetery organization.
(e)  A person is not required to be licensed or registered to sell a plot in a dedicated cemetery.
(f)  A cemetery organization may not resell the exclusive right of sepulture in a plot unless the exclusive right of sepulture has been reacquired by the cemetery organization.  A sanction or other penalty may not be imposed on a cemetery organization that violates this subsection unless:
(1)  the state agency authorized to enforce this section provides the cemetery organization written notice of the violation; and
(2)  the cemetery organization does not correct the violation before the 91st day after the date on which the cemetery organization received the notice.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 634, Sec. 19, eff. Sept. 1, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 263 (H.B. 1468), Sec. 5, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 220 (H.B. 52), Sec. 3, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 220 (H.B. 52), Sec. 4, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 40, eff. September 1, 2019.
2023 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 C. Cemetery Organizations › Section 711.0381. Sale or Resale of Plots by Certain Persons

Sec. 711.0381.  SALE OR RESALE OF PLOTS BY CERTAIN PERSONS.  (a)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 47(7), eff. September 1, 2019.
(b)  Resale of the exclusive right of sepulture in a plot is subject to the rules of the cemetery organization and any restrictions in the certificate of ownership, quitclaim agreement, or other instrument of conveyance.  A quitclaim agreement or other instrument evidencing the conveyance of the exclusive right of sepulture must be:
(1)  in a form authorized by or otherwise acceptable to the cemetery organization, subject to Subsection (c);
(2)  signed by:
(A)  the grantee named in the certificate of ownership or other instrument of conveyance as filed and recorded in the cemetery organization's office in accordance with Section 711.038 or 711.039(g)(2), as the seller or transferor;
(B)  the designated purchaser or transferee; and
(C)  each cemetery broker or other agent assisting in the transfer of the interment rights; and
(3)  filed and recorded with the cemetery organization not later than the third business day after the date of the sale.
(c)  On request of a person acting as a cemetery broker, a cemetery organization shall provide its rules, conveyance forms, and written guidelines and procedures for brokered sales, if any.
(d)  The resale of the exclusive right of sepulture in a group of interment rights that were conveyed collectively may not be divided without the consent of the cemetery organization.
(e)  A person acting as a cemetery broker that sells or resells the right of sepulture in a plot shall collect and remit to the cemetery organization:
(1)  all fees required by law; and
(2)  any other fee required by the rules of the cemetery organization, subject to Subsection (f).
(f)  A fee required by a rule of the cemetery organization for the sale or resale of the right of sepulture in a plot under this section may not exceed the fee charged by the cemetery organization on the sale of the right of sepulture in a plot under Section 711.038.
(g)  A person acting as a cemetery broker must keep a record of each sale or resale under this section.  The record must include:
(1)  the name and address of the purchaser;
(2)  the date of the purchase;
(3)  a copy of the purchase agreement, with the name and address of the cemetery;
(4)  a specific description of the interment rights;
(5)  the purchase price;
(6)  the amount of fees collected and remitted in accordance with Subsection (e); and
(7)  information on the disposal of the purchase agreement, including whether the agreement was conveyed, canceled, or voided.
Added by Acts 2013, 83rd Leg., R.S., Ch. 220 (H.B. 52), Sec. 5, eff. January 1, 2014.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 47(7), eff. September 1, 2019.
2023 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 C. Cemetery Organizations › Section 711.039. Rights of Interment in Plot

Sec. 711.039.  RIGHTS OF INTERMENT IN PLOT.  (a)  A plot in which the exclusive right of sepulture is conveyed is presumed to be the separate property of the person named as grantee in the certificate of ownership or other instrument of conveyance.
(b)  The spouse of a person to whom the exclusive right of sepulture in a plot is conveyed has a vested right of interment of the spouse's remains in the plot while the spouse is married to the plot owner or if the spouse is married to the plot owner at the time of the owner's death.
(c)  An attempted conveyance or other action without the joinder or written, attached consent of the spouse of the plot owner does not divest the spouse of the vested right of interment.
(d)  The vested right of interment is terminated:
(1)  on the final decree of divorce between the plot owner and the owner's former spouse unless the decree provides otherwise;  or
(2)  when the remains of the person having the vested right are interred elsewhere.
(e)  Unless a plot owner who has the exclusive right of sepulture in a plot and who is interred in that plot has made a specific disposition of the plot by express reference to the plot in the owner's will or by written declaration filed and recorded in the office of the cemetery organization:
(1)  a grave, niche, or crypt in the plot shall be reserved for the surviving spouse of the plot owner;  and
(2)  the owner's children, in order of need, may be interred in any remaining graves, niches, or crypts of the plot without the consent of a person claiming an interest in the plot.
(f)  The surviving spouse or a child of an interred plot owner may each waive his right of interment in the plot in favor of a relative of the owner or relative of the owner's spouse.  The person in whose favor the waiver is made may be interred in the plot.
(g)  The exclusive right of sepulture in an unused grave, niche, or crypt of a plot in which the plot owner has been interred may be conveyed only by:
(1)  specific disposition of the unused grave, niche, or crypt by express reference to it in a will or by written declaration of the plot owner filed and recorded in the office of the cemetery organization;  or
(2)  the surviving spouse, if any, and the heirs-at-law of the owner.
(h)  Unless a deceased plot owner who has the exclusive right of sepulture in a plot and who is not interred in the plot has otherwise made specific disposition of the plot, the exclusive right of sepulture in the plot, except the one grave, niche, or crypt reserved for the surviving spouse, if any, vests on the death of the owner in the owner's heirs-at-law and may be conveyed by them.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 634, Sec. 20, eff. Sept. 1, 1993;  Acts 2001, 77th Leg., ch. 502, Sec. 1, eff. Sept. 1, 2001.
2023 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 C. Cemetery Organizations › Section 711.0395. Multiple Interments in Same Plot

Sec. 711.0395.  MULTIPLE INTERMENTS IN SAME PLOT.  A cemetery organization may not make more than one interment in a plot unless each owner of the plot consents to the interment.
Added by Acts 2009, 81st Leg., R.S., Ch. 263 (H.B. 1468), Sec. 6, eff. September 1, 2009.
2023 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 C. Cemetery Organizations › Section 711.040. Multiple Owners of Plot

Sec. 711.040.  MULTIPLE OWNERS OF PLOT.  Two or more owners of a plot may designate a person to represent the plot and file with the cemetery organization written notice of the designation.  If notice is not filed, the cemetery organization may inter or permit an interment in the plot at the request or direction of a registered co-owner of the plot.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 634, Sec. 21, eff. Sept. 1, 1993.
2023 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 C. Cemetery Organizations › Section 711.041. Access to Cemetery

Sec. 711.041.  ACCESS TO CEMETERY.  (a)  Any person who wishes to visit a cemetery or private burial grounds for which no public ingress or egress is available shall have the right to reasonable ingress and egress for the purpose of visiting the cemetery or private burial grounds.  This right of access extends only to visitation during the hours determined by the owner or owners of the lands under Subsection (b) or at a reasonable time as provided by Subsection (c) and only for purposes usually associated with cemetery visits.
(b)  The owner or owners of the lands surrounding the cemetery or private burial grounds may designate the routes of reasonable ingress and egress and reasonable hours of availability.
(c)  At a time other than the time provided by Subsection (b), the owner or owners of the lands surrounding a cemetery or private burial grounds must allow a person to enter and exit the owner's land for the purpose of visiting the cemetery or private burial grounds if:
(1)  the person provides written notice to the owner or owners of the lands surrounding the cemetery or private burial grounds of the person's visit;
(2)  the person provides the notice required by Subdivision (1) not later than the 14th day before the date the person wishes to visit the cemetery; and
(3)  the time of the visit is reasonable.
(d)  This section does not apply to an unverified cemetery.
Added by Acts 1993, 73rd Leg., ch. 634, Sec. 22, eff. Sept. 1, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 263 (H.B. 1468), Sec. 7, eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 110 (S.B. 1630), Sec. 8, eff. September 1, 2017.
2023 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 C. Cemetery Organizations › Section 711.042. Authority of Nonprofit Cemetery Organization

Sec. 711.042.  AUTHORITY OF NONPROFIT CEMETERY ORGANIZATION.  A nonprofit cemetery organization organized by plot owners may:
(1)  divide cemetery property into lots and subdivisions for cemetery purposes;
(2)  charge assessments on the property for the purposes of general improvement and maintenance;  and
(3)  take any action, to the same extent and for the same purposes as a for-profit cemetery corporation, that is necessary to carry out the organization's business purposes, which include the business purposes necessarily incident to the burial and disposal of human remains, including any action necessary to:
(A)  convey property or other assets of the organization;
(B)  borrow money;
(C)  pledge or mortgage the property or other assets of the organization to secure the organization's indebtedness or other obligations;
(D)  lend money and take security for the loan in furtherance of its business purposes;  and
(E)  conduct any business activity or business directly or by or through one or more subsidiaries.
Added by Acts 1999, 76th Leg., ch. 703, Sec. 2, eff. June 18, 1999.
2023 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 711.051. Enforcement by Attorney General; Proceedings to Forfeit Charter for Noncompliance

Sec. 711.051.  ENFORCEMENT BY ATTORNEY GENERAL;  PROCEEDINGS TO FORFEIT CHARTER FOR NONCOMPLIANCE.  (a)  A cemetery corporation that violates this chapter or Chapter 712 forfeits the corporation's charter and right to do business in this state unless the corporation corrects the violation before the 30th day after the date of receiving notice of the violation from the attorney general.
(b)  When the attorney general learns that a cemetery corporation has violated this chapter or Chapter 712, the attorney general shall serve notice of the violation on the corporation.
(c)  If the violation is not corrected before the 30th day after the date of the notice, the attorney general shall bring suit or quo warranto proceedings for the forfeiture of the corporation's charter and dissolution of the corporation in a district court of Travis County or of any county in which the violation occurred.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 123 (S.B. 661), Sec. 5, eff. September 1, 2013.
2023 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 711.0515. Enforcement by Attorney General; Injunctive Relief

Sec. 711.0515.  ENFORCEMENT BY ATTORNEY GENERAL; INJUNCTIVE RELIEF.  In addition to bringing an action under Section 711.051, the attorney general may bring an action for injunctive relief to enforce this chapter or a rule or order adopted by the Texas Funeral Service Commission under this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 263 (H.B. 1468), Sec. 8, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 914 (H.B. 2927), Sec. 11, eff. September 1, 2009.
Reenacted by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 12.008, eff. September 1, 2011.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 124 (H.B. 1540), Sec. 3, eff. September 1, 2019.
2023 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 711.0521. Access to Cemeteries; Criminal Penalties

Sec. 711.0521.  ACCESS TO CEMETERIES; 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 interferes with a person's reasonable right to ingress and egress under Section 711.041.
(b)  An offense under this section is a Class C misdemeanor.
Added by Acts 2009, 81st Leg., R.S., Ch. 263 (H.B. 1468), Sec. 9, eff. September 1, 2009.
2023 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 711.053. Definition

Sec. 711.053.  DEFINITION.  In this subchapter, "commissioner" means the banking commissioner of Texas.
Added by Acts 2003, 78th Leg., ch. 562, Sec. 35, eff. Sept. 1, 2003.
2023 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 711.054. Enforcement by Finance Commission of Texas

Sec. 711.054.  ENFORCEMENT BY FINANCE COMMISSION OF TEXAS.  The Finance Commission of Texas may use remedies available under Chapter 712 to enforce a section listed under Section 711.012(a) relating to perpetual care cemeteries.
Added by Acts 2003, 78th Leg., ch. 562, Sec. 35, eff. Sept. 1, 2003.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.