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 712.0037. Renewal of Certificate of Authority

Sec. 712.0037.  RENEWAL OF CERTIFICATE OF AUTHORITY.  (a)  As a condition of renewal, a certificate holder must meet the qualifications and satisfy the requirements that apply to an applicant for a new certificate of authority.  Additionally, not later than the certificate's renewal date, a certificate holder shall:
(1)  pay a renewal fee in an amount established by Finance Commission of Texas rule; and
(2)  submit a renewal report under oath and in the form and medium required by the commissioner that demonstrates that the certificate holder meets the qualifications and requirements for holding a certificate.
(a-1)  Notwithstanding Subsection (a), a certificate holder holding a certificate of authority issued before September 1, 2017, that does not on that date satisfy the ownership requirement under Section 712.0034(b)(5)(D) is not required to satisfy that ownership requirement as a condition of renewal until September 1, 2022.  The commissioner may extend the period of compliance for the ownership requirement if the certificate holder:
(1)  files a written application for the extension in the form and manner required by the department; and
(2)  shows good cause for the extension.
(a-2)  This subsection and Subsection (a-1) expire September 1, 2028.
(b)  If the department does not receive a certificate holder's renewal fee and complete renewal report on or before the certificate's renewal date, the commissioner:
(1)  shall notify the certificate holder in writing that the certificate holder must submit the renewal report and pay the renewal fee not later than the 30th day after the certificate's renewal date; and
(2)  may require the certificate holder to pay a late fee, in an amount established by Finance Commission of Texas rule and not subject to appeal, for each business day after the certificate's renewal date that the commissioner does not receive the completed renewal report and renewal fee.
(c)  On timely receipt of a certificate holder's complete renewal report and renewal fee and any late fee, the department shall review the report and the commissioner may:
(1)  renew the certificate of authority; or
(2)  refuse to renew the certificate of authority and take other action the commissioner considers appropriate.
(d)  The applicant on request is entitled to a hearing to contest the commissioner's refusal to renew the certificate.  The request must be filed with the commissioner not later than the 30th day after the date the notice of refusal to renew is mailed.  The hearing is a contested case under Chapter 2001, Government Code.
(e)  The holder or principal of or the person in control of the holder of an expired certificate of authority, or the holder or principal of or person in control of the holder of a certificate of authority surrendered under Section 712.00395, who wishes to conduct activities for which a certificate of authority is required under this chapter shall file a new application for a certificate of authority and satisfy all requirements for the certificate that apply at the time the new application is filed.
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. 3, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 46, eff. September 1, 2019.