reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 25 - PREPAID FUNERAL CONTRACTS › Subchapter A - CONTRACT FORMS › Section 25.3 - What Requirements Apply to a Non-Model Contract or Waiver?

Current through Reg. 49, No. 28; July 12, 2024
(a) Contract
				  requirements. The department must approve a non-model contract before you can
				  use it. Your proposed non-model contract must:
(1) contain a disclosure informing the
				  purchaser of the funeral goods and services that will be provided under the
				  contract, as described by subsections (b) and (c) of this section;
(2) define terms used in the contract as
				  described by subsection (d) of this section;
(3) state and explain the purchaser's
				  obligations, your obligations, and the name and obligations of the provider if
				  you are not performing all funeral services under the contract;
(4) if the provider is not the licensed
				  seller, a statement that the provider agrees to discharge the responsibilities
				  imposed on a funeral provider by Finance Code §
											RSA
				  154.161;
(5) the impact of terms in the insurance
				  policy on the contract if the contract is insurance-funded, as described by
				  subsection (e) of this section;
(6)
				  disclose and explain the purchaser's cancellation rights under the contract
				  and, if the contract is insurance-funded, the effect of insurance policy
				  cancellation or assignment on the contract, as described by subsection (f) of
				  this section;
(7) state events of
				  default under the contract for all parties and explain the consequences of
				  default, as described by subsection (g) of this section;
(8) state and explain the circumstances under
				  which the responsible person may modify or change the contract at the death of
				  the contract beneficiary, as described by subsection (h) of this
				  section;
(9) disclose and explain
				  all payment terms under the contract and related provisions as described by
				  subsection (i) of this section;
(10) contain a section for required
				  signatures and related notices as described by subsection (j) of this
				  section;
(11) contain a standard
				  disclosure explaining how a purchaser can make inquiries or file complaints
				  with specified regulatory agencies, as described by subsection (k) of this
				  section;
(12) comply with
				  subsections (l) and (m) of this section;
(13) comply with §
											RSA
				  25.4 of this title (relating to What Are the
				  Plain Language Requirements for a Non-Model Contract or Waiver); and
(14) be approved by the department as
				  provided by §
											RSA
				  25.5 of this title (relating to How Do I
				  Obtain Approval of a Non-Model Contract or Waiver).
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 25 - PREPAID FUNERAL CONTRACTS › Subchapter A - CONTRACT FORMS › Section 25.4 - What Are the Plain Language Requirements for a Non-Model Contract or Waiver?

Current through Reg. 49, No. 28; July 12, 2024
(a) Overview. If
				  you elect to not use a model contract or waiver, you must prepare a non-model
				  prepaid funeral benefits contract or a waiver of cancellation rights, whether
				  in English or Spanish, in plain language designed to be easily understood by
				  the average consumer. Your proposed non-model document must also be printed or
				  displayed in an easily readable font and type size. The department is charged
				  with enforcing these requirements by Finance Code, §
										RSA
				  154.151(d).
(b) Plain language principles for English
				  documents. The department will consider the extent to which you have
				  incorporated plain language principles into the organization, language, and
				  design of a non-model document that you submit for approval. At a minimum, your
				  proposed non-model document, including an electronic non-model document, should
				  substantially comply with each of the plain language writing principles
				  identified in this subsection.
(1) You must
				  present information in clear, concise sections, paragraphs, and sentences.
				  Whenever possible, you should use the active voice with strong verbs in short,
				  explanatory sentences and bullet lists. Passive voice is not banned but should
				  be used sparingly.
(2) You should
				  use everyday words whenever possible and avoid the use of legal and highly
				  technical business terminology. In those instances where no plain language
				  alternative is apparent, you should explain what the term means when the term
				  is first used. Use of a defined term may improve readability in such
				  instances.
(3) You should group
				  related information together whenever possible to help identify and eliminate
				  repetitious information.
(4) You
				  should use first-person plural (we, us, our/ours) and second-person singular
				  (you, your/yours) pronouns.
(5) You
				  should make complex information more understandable by using an example
				  scenario or a "question and answer" format.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 25 - PREPAID FUNERAL CONTRACTS › Subchapter A - CONTRACT FORMS › Section 25.5 - How Do I Obtain Approval of a Non-Model Contract or Waiver?

Current through Reg. 49, No. 28; July 12, 2024
(a) Authority.
				  Finance Code, §
										RSA
				  154.151(a), requires the
				  department to approve a prepaid funeral benefits contract form before you use
				  the form. Finance Code, §
										RSA
				  154.156(a), requires the
				  department to approve a waiver of cancellation rights form in the same manner.
				  You may use the department's model contracts or model waiver as provided in
				  §
										RSA
				  25.2(a) of this title
				  (relating to Am I Required to Use the Model Contract and Model Waiver). This
				  section describes:
(1) how to apply to the
				  department for approval of your proposed non-model contract, what information,
				  documents, and fees you must file as part of your application before the
				  department will accept it for filing, and what fees the department may impose,
				  in subsection (b) of this section;
(2) what procedures the department will
				  follow to approve or deny approval of your proposed non-model document and when
				  you may reasonably expect the department to decide, in subsection (c) of this
				  section;
(3) what actions you must
				  take to obtain a second review by the department or a hearing before the
				  commissioner if the department denies approval of your proposed non-model
				  document, in subsection (d) of this section;
(4) how you may request a hearing before the
				  commissioner, how the hearing will be conducted, and what the staff of the
				  department must prove to uphold the disapproval, in subsection (e) of this
				  section; and
(5) when you may no
				  longer use an approved contract form, in subsection (f) of this
				  section.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 25 - PREPAID FUNERAL CONTRACTS › Subchapter A - CONTRACT FORMS › Section 25.6 - How and When are Contract Copies Distributed Between the Parties?

Current through Reg. 49, No. 28; July 12, 2024
(a) At the
				  conclusion of a discussion about funeral arrangements, if someone purchases
				  prepaid funeral goods or services, whether trust-funded or insurance-funded,
				  you must give the purchaser a copy of the contract and all related
				  agreements.
(b) On or before the
				  30th day after the contract is executed by all parties, you must give a copy of
				  the fully-executed contract to the purchaser, to any third-party provider or
				  administrator that has responsibility for any portion of the contract, and,
				  with respect to an insurance-funded contract, to the insurance company issuing
				  the insurance policy, if the insurance company is a party to the
				  contract.
(c) If a purchaser signs
				  a written waiver of cancellation rights, you must give the purchaser a copy of
				  the executed waiver at the time of execution.
(d) To give a purchaser a copy of the
				  contract, you must give the purchaser a paper copy unless an electronic
				  contract was used.
(e) If an
				  electronic contract was used, you may deliver an electronic record of the
				  contract and all related agreements by email or other electronic means to the
				  purchaser if the purchaser has consented to receiving an electronic record as
				  specified in §
										RSA
				  25.2(f)(1) - (2). If the purchaser requests a
				  paper copy or is unable to retrieve the electronic record, you must give the
				  purchaser a paper copy. You may not charge a fee for providing a paper
				  copy.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 25 - PREPAID FUNERAL CONTRACTS › Subchapter A - CONTRACT FORMS › Section 25.7 - Casket and Outer-Burial Containers

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions. The following words and
				  terms, when used in this section, shall have the following meanings, unless the
				  context clearly indicates otherwise.
(1)
				  Casket--A rigid container, including but not limited to casket inserts and rest
				  beds, which is designed for the encasement of human remains and which is
				  usually constructed of wood, metal, fiberglass, plastic, or like material, and
				  ornamented and lined with fabric.
(2) Contract--The prepaid funeral benefits
				  contract.
(3) Outer-burial
				  container--Any container which is designed for placement in the grave around
				  the casket including, but not limited to, containers commonly known as burial
				  vaults, grave boxes, and grave liners. The term "outer-burial container" does
				  not include lawn crypts regulated under the Texas Health and Safety Code,
				  Chapters 711 and 712.
(4) Urn--A
				  temporary or permanent receptacle used for the containment of cremated
				  remains.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 25 - PREPAID FUNERAL CONTRACTS › Subchapter A - CONTRACT FORMS › Section 25.8 - Exemption for Sale of Funeral Goods

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  For purposes of this section, the term "funeral goods" means tangible and
				  nonperishable items of personalty, designed for use in connection with a
				  funeral service, that are sold or offered for sale directly to the public,
				  including an alternative container, casket, or outer burial container, but not
				  including a marker, monument, or tombstone.
(b) A person who sells or offers to sell
				  funeral goods prior to the death of the person for whom the goods are to be
				  used is considered to be selling or offering to sell funeral merchandise on a
				  preneed basis, and must be licensed under Finance Code, Chapter 154, unless,
				  with respect to each and every offer or sale of funeral goods:
(1) the offer to sell funeral goods
				  contemplates only a contemporaneous exchange of consideration and either
				  delivery of actual physical possession and control of the funeral goods to the
				  purchaser, or shipment of the goods directly to the purchaser;
(2) within 72 hours of the time of sale, the
				  seller delivers actual physical possession and control of the funeral goods or
				  orders a third party to immediately ship the goods directly to the
				  purchaser;
(3) within 72 hours of
				  the time of sale, the purchaser removes the funeral goods from the premises of
				  the seller from whom and where the goods are purchased, or receives
				  confirmation of shipping instructions consistent with paragraph (2) of this
				  subsection;
(4) neither the seller
				  nor another person that receives consideration for the sale of the funeral
				  goods or, within the actual knowledge of the seller, for a prepaid funeral
				  service in which the goods are intended for use directly or indirectly offers
				  to store or stores the goods for the purchaser; and
(5) the goods are not sold in connection
				  with, or in contemplation of trade or barter for, prepaid funeral benefits to
				  be delivered by the seller or an affiliate of the seller.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 25 - PREPAID FUNERAL CONTRACTS › Subchapter A - CONTRACT FORMS › Section 25.9 - Package Sales

Current through Reg. 49, No. 28; July 12, 2024
(a) For purposes of
				  this section, the term "package sale" means a grouping of multiple funeral
				  goods and services which is offered to the purchaser at a single
				  price.
(b) Each good or service
				  included in a package sale may have its individual value listed on the prepaid
				  contract.
(1) If individual values are
				  listed, and the package price is different than the sum of the listed values of
				  each good or service included in the package sale, the contract must represent
				  the package sale by listing a discount, credit, or price adjustment
				  representing the difference.
(2) If
				  individual values are listed, the value assigned to any funeral good or service
				  included in a package sale, minus a proportional fraction of the package
				  discount or credit, must be used:
(A) for
				  purposes of compliance with Finance Code §
												RSA
				  154.1551 in the event of modification after
				  the death of the beneficiary; and
(B) as the "agreed price" for purposes of
				  preparing a written pre-need to at-need reconciliation under Finance Code
				  §
												RSA
				  154.161(a)(2)(B).
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 25 - PREPAID FUNERAL CONTRACTS › Subchapter B - REGULATION OF LICENSES › Section 25.10 - Recordkeeping Requirements for Insurance-Funded Contracts

Current through Reg. 49, No. 28; July 12, 2024
(a) Application and general requirements.
				  This section applies to a permit holder that sells or maintains
				  insurance-funded prepaid funeral benefit contracts (prepaid contracts). Unless
				  the commissioner grants an exception as provided for in subsections (f)(3) and
				  (g) of this section, a permit holder must maintain and produce for examination
				  the records as specified in this section. The permit holder:
(1) must make the records available to the
				  department for examination at the physical location in Texas or if approved by
				  the commissioner, in another state that the permit holder has designated in
				  written notice to the department on file at the time of the
				  examination;
(2) is required to
				  make all the records specified in the department's pre-examination records
				  request available to the department at the beginning of an examination and must
				  produce such other records that provide additional clarification of required
				  documents as may be requested during the examination in a manner that does not
				  impede the efficient completion of the examination; and
(3) must maintain the records either in
				  hard-copy form, in an electronic database, or on another form of media from
				  which the record can be retrieved and printed in hard copy in a manner that
				  does not impede the efficient completion of the examination.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 25 - PREPAID FUNERAL CONTRACTS › Subchapter B - REGULATION OF LICENSES › Section 25.11 - Recordkeeping Requirements for Trust-Funded Contracts

Current through Reg. 49, No. 28; July 12, 2024
(a) Application and general requirements.
				  This section applies to a permit holder that sells or maintains trust-funded
				  prepaid funeral benefit contracts (prepaid contracts). Unless the commissioner
				  grants an exception as provided for in subsections (f)(2) and (g) of this
				  section, a permit holder must maintain and produce for examination the records
				  as specified in this section. The permit holder:
(1) must make the records available to the
				  department for examination at its physical location in Texas or if approved by
				  the commissioner, in another state that the permit holder has designated in
				  written notice to the department on file at the time of the
				  examination;
(2) is required to
				  make all the records specified in the department's pre-examination records
				  request available to the department at the beginning of an examination and must
				  produce such other records that provide additional clarification of required
				  documents as may be requested during the examination in a manner that does not
				  impede the efficient completion of the examination; and
(3) must maintain the records either in
				  hard-copy form, in an electronic database, or on another form of media from
				  which the record can be retrieved and printed in hard copy in a manner that
				  does not impede the efficient completion of the examination.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 25 - PREPAID FUNERAL CONTRACTS › Subchapter B - REGULATION OF LICENSES › Section 25.12 - Withdrawal of Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) Death maturity.
				  The funds on deposit on a matured contract may be withdrawn as prescribed by
				  Finance Code, §
										RSA
				  154.262 and §
										RSA
				  154.263, without prior approval of the
				  banking commissioner (the commissioner).
(b) Cancellation. The funds on deposit on a
				  cancelled contract may be withdrawn as prescribed by Finance Code, §
										RSA
				  154.155 and §
										RSA
				  154.205, without prior approval of the
				  commissioner.
(c) Payment of
				  charges. Withdrawal of earnings for paying reasonable and necessary charges of
				  a bank, savings bank, savings and loan association, trust department of a bank,
				  or trust company does not need prior approval of the commissioner, but will be
				  subject to examination.
(d) Payment
				  of taxes. Withdrawal of earnings for the purpose of paying taxes caused or
				  created by the existence of prepaid funeral deposit or trust accounts requires
				  prior written approval of the commissioner. Approval may be requested by
				  submitting documentation to substantiate the additional tax liability from
				  prepaid funeral benefits earnings.
(e) Payment of guaranty fund assessments. A
				  permit holder is authorized, without prior approval of the commissioner, to
				  withdraw earnings for the purpose of paying guaranty fund assessments levied
				  pursuant to the authority of Finance Code, §
										RSA
				  154.261.
(f) Payment of examination costs and
				  assessments made in conjunction with examinations. Withdrawal of earnings for
				  the purpose of paying to the department examination costs and assessments made
				  in conjunction with the examination under Finance Code, §
										RSA
				  154.261, does not require prior approval of
				  the commissioner.
(g) Abandoned
				  funds. Withdrawal of abandoned funds under Finance Code, §
										RSA
				  154.303, require prior written approval of
				  the commissioner of banking. Approval may be requested by submitting to the
				  department a completed application for unclaimed property on a form prescribed
				  by the Texas treasury department.
(h) Preparation of financial statements. A
				  permit holder is authorized, with prior written approval of the commissioner,
				  to withdraw earnings for the purpose of paying for the preparation of financial
				  statements required by the department pursuant to the authority of Finance
				  Code, §
										RSA
				  154.261, including financial statements
				  required in lieu of an examination by the department. Approval may be requested
				  by submitting a written request to the department together with the bill for
				  preparation of the financial statement.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 25 - PREPAID FUNERAL CONTRACTS › Subchapter B - REGULATION OF LICENSES › Section 25.13 - Annual Report Filing

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Valid permit. A permit issued by the department to sell prepaid funeral
				  benefits remains in effect until it is revoked by the department or surrendered
				  by the permit holder.
(b) Date of
				  filing. Each permit holder with outstanding prepaid funeral benefit contracts
				  must file an annual report with the department by March 1 of each year for the
				  preceding calendar year.
(c)
				  Contents of filing. The Annual Report filing must be sworn to by an authorized
				  agent or corporate officer of the permit holder before a notary and must
				  provide:
(1) the name and permit number of
				  the permit holder;
(2) a contact
				  name and contact information for the permit holder;
(3) a recapitulation of the prepaid funeral
				  benefits contract activity for the preceding calendar year, including beginning
				  balances, additions, deletions, adjustments, and ending balances;
(4) a copy of the permit holder's in-force
				  policy run or control ledger as of December 31 that substantiates the ending
				  balances;
(5) an explanation for
				  any material variances between the ending balances in the recapitulation
				  described in subsection (c)(3) of this section, and those in the in-force
				  policy run or control ledger described in subsection (c)(4) of this
				  section;
(6) a sworn affidavit
				  completed and signed by the insurance company or depository institution
				  attesting to the permit holder's holdings, balances, or accounts as of December
				  31; and
(7) the Guaranty Fund
				  assessment, if applicable.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 25 - PREPAID FUNERAL CONTRACTS › Subchapter B - REGULATION OF LICENSES › Section 25.17 - Guaranty Fund

Current through Reg. 49, No. 28; July 12, 2024
(a) Fund
				  established. Pursuant to Finance Code Chapter 154, Subchapter H, guaranty fund
				  is established to guarantee performance by sellers and providers of prepaid
				  funeral services. The fund is named the Prepaid Funeral Guaranty Fund, and is
				  supervised by an advisory council composed of members as set out in Finance
				  Code §
										RSA 154.355. The fund is
				  composed of two separate accounts, one for trust-funded contracts and one for
				  insurance-funded contracts.
(b)
				  Advisory Council. The advisory council is named the Guaranty Fund Advisory
				  Council. The consumer representative and the insurance-funded industry
				  representative serve a two-year term beginning on January 1 of an even-numbered
				  year and ending December 31 of the following odd-numbered year. The
				  trust-funded industry representative serves a two-year term beginning on
				  January 1 of an odd-numbered year and ending December 31 of the following
				  even-numbered year. The banking commissioner or the commissioner's official
				  designee serves as the chairperson of the council.
(c) Assessments. The department shall make
				  and collect assessments from all sellers of prepaid funeral benefits pursuant
				  to Finance Code Chapter 154, Subchapter H. Each seller shall remit the amount
				  of its calculated assessment to the department each year with its Annual Report
				  filing.
(d) Expenses. The
				  commissioner may use any earnings from the Prepaid Funeral Guaranty Fund for
				  reimbursement of travel expenses incurred by the industry and the consumer
				  representatives of the Guaranty Fund Advisory Council pursuant to the travel
				  guidelines applicable to state employees, and for the expenses of providing any
				  other legislatively mandated action with respect to the Prepaid Funeral
				  Guaranty Fund, including but not limited to audits.
(e) Meetings. The Guaranty Fund Advisory
				  Council shall meet on a periodic basis as determined by the commissioner in
				  order to fulfill the requirements of supervising the operation and maintenance
				  of the Prepaid Funeral Guaranty Fund.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 25 - PREPAID FUNERAL CONTRACTS › Subchapter B - REGULATION OF LICENSES › Section 25.18 - Cancelled Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) Notice. Within
				  30 days of cancellation of a permit to sell prepaid funeral benefits, the
				  department shall notify the parties to the contracts sold by the cancelled
				  permit holder of the cancellation. The notice shall provide information
				  regarding the purchaser's options, the Prepaid Funeral Guaranty Fund, and the
				  process for seeking a successor permit holder.
(b) Bid list. The department shall maintain a
				  bid list of entities that wish to:
(1) bid
				  for the right to assume a cancelled trust-funded permit holder's obligations
				  under prepaid funeral contracts and the right to receive the balance of prepaid
				  funeral funds paid or to be paid under those contracts; or
(2) bid for the right to assume a cancelled
				  insurance-funded permit holder's obligations under prepaid funeral contracts;
				  or
(3) bid to provide
				  administrative and record keeping services related to a cancelled permit
				  holder's outstanding prepaid funeral contracts.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 25 - PREPAID FUNERAL CONTRACTS › Subchapter B - REGULATION OF LICENSES › Section 25.19 - Guaranty Fund Claims

Current through Reg. 49, No. 28; July 12, 2024
(a) Claims not
				  eligible. In addition to claims excluded under Finance Code §
										RSA 154.359, the
				  following claims are not eligible for payment from the Prepaid Funeral Guaranty
				  Fund:
(1) a claim based on a trust-funded
				  prepaid funeral benefits contract that was purchased prior to August 31,
				  1987;
(2) a claim based on a
				  prepaid funeral benefits contract purchased from a contract seller that did not
				  hold a permit to sell prepaid funeral benefits at the time of sale;
(3) a claim based on a prepaid funeral
				  benefits contract purchased under a plan that does not pay assessments to the
				  guaranty fund, such as the plan litigated in
Sexton v. Mount Olivet
				  Cemetery Association,
720 S.W.2d 129 (Tex. App.-Austin 1986, no writ)
				  (specifically including, but not limited to, any prepaid funeral benefits
				  purchased from Mount Olivet Cemetery Association);
(4) a claim under an insurance-funded prepaid
				  funeral contract for a loss arising from or relating to the occurrence of one
				  of the following events:
(A) default of a
				  funeral provider under a contract written prior to June 19, 2011;
(B) contract default of a permit holder that
				  occurred prior to September 1, 2009;
(C) the suspensionor revocation of a permit
				  under Chapter 154 of the Finance Code prior to September 1, 2009; or
(D) the bankruptcy, receivership, seizure, or
				  other failure of the permit holder prior to September 1, 2009.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 25 - PREPAID FUNERAL CONTRACTS › Subchapter B - REGULATION OF LICENSES › Section 25.21 - Introduction to Joint Memorandum of Understanding

Current through Reg. 49, No. 28; July 12, 2024
(a) Occupations Code, §
										RSA
				  651.159 mandates the Texas Department of
				  Banking, the Texas Funeral Service Commission, and the Texas Department of
				  Insurance to adopt by rule a joint memorandum of understanding relating to
				  prepaid funeral services and transactions that:
(1) outlines the responsibilities of each
				  agency in regulating these services and transactions;
(2) establishes procedures to be used by each
				  agency in referring complaints to one of the other agencies;
(3) establishes procedures to be used by each
				  agency in investigating complaints;
(4) establishes procedures to be used by each
				  agency in notifying the other agencies of a complaint or of the investigation
				  of a complaint;
(5) describes
				  actions the agencies regard as deceptive trade practices;
(6) specifies the information the agencies
				  provide consumers and when that information is to be provided; and
(7) sets the administrative penalties each
				  agency imposes for violations.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 25 - PREPAID FUNERAL CONTRACTS › Subchapter B - REGULATION OF LICENSES › Section 25.22 - Joint Memorandum of Understanding

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Pursuant to Occupations Code, §
										RSA
				  651.159, the Texas Funeral Service Commission
				  (herein referred to as the "TFSC"), the Texas Department of Insurance (herein
				  referred to as the "TDI"), and the Texas Department of Banking (herein referred
				  to as the "DOB") hereby adopt the following joint memorandum of understanding
				  (JMOU) relating to prepaid funeral benefits as defined in Finance Code, Chapter
				  154. The TFSC, TDI, and DOB intend this memorandum of understanding to serve as
				  a vehicle to assist the three agencies in their regulatory activities, and to
				  make it as easy as possible for a consumer with a complaint to have the
				  complaint acted upon by all three agencies, where appropriate. In order to
				  accomplish this end, where not statutorily prohibited, the three agencies will
				  share information between the agencies which may not be available to the public
				  generally under the Public Information Act, Government Code, Chapter 552. Such
				  information will be transmitted between agencies with the understanding that it
				  is considered confidential, is being furnished to the other agencies in
				  furtherance of their joint responsibilities as state agencies in enforcing
				  their respective statutes, and that it may not be disseminated to others except
				  as required.
(b) Responsibilities
				  of each agency in regulating prepaid funeral benefits.
(1) The Texas Funeral Service Commission is
				  responsible for the following:
(A) licensing
				  funeral directors, embalmers, provisional funeral directors, provisional
				  embalmers, crematory, and funeral establishments. The TFSC may refuse to
				  license a person or establishment which violates Finance Code, Chapter 154,
				  under Occupations Code, §
												RSA
				  651.460(b)(3);
(B) taking action under Occupations Code,
				  §
												RSA
				  651.460(b)(3) against any
				  licensee violating Finance Code, Chapter 154; and
(C) taking action under Occupations Code,
				  §
												RSA
				  651.460(b)(3) against any
				  funeral director in charge, crematory owner, and/or funeral establishment owner
				  for violations of Finance Code, Chapter 154, by persons directly or indirectly
				  connected to the crematory or funeral establishment.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 25 - PREPAID FUNERAL CONTRACTS › Subchapter B - REGULATION OF LICENSES › Section 25.23 - Application Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
(1) Outstanding contracts--Unmatured, prepaid
				  funeral benefit contracts.
(2) You,
				  Your or I--A person having a valid permit to sell prepaid funeral benefit
				  contracts issued by the Department under §
											RSA 154.101 of
				  the Finance Code, except that, for purposes of subsection (b)(1) of this
				  section, "you," "your," or "I" means an applicant for a new prepaid funeral
				  benefits permit.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 25 - PREPAID FUNERAL CONTRACTS › Subchapter B - REGULATION OF LICENSES › Section 25.24 - What Fees Must I Pay for an Examination?

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
(1) Examination--the process of evaluating
				  the books and records of a permit holder relating to its sale of prepaid
				  funeral benefit contracts to provide all safeguards to protect the prepaid
				  funds and to assure that the funds will be available to pay for prearranged
				  funeral services.
(2) Fiscal
				  year--the 12-month period from September 1st to August 31st.
(3) You, Your or I--a person having a valid
				  permit to sell prepaid funeral benefit contracts issued by the department under
				  Section
				  RSA 154.101 of the
				  Finance Code.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 25 - PREPAID FUNERAL CONTRACTS › Subchapter B - REGULATION OF LICENSES › Section 25.25 - Conversion from Trust-Funded to Insurance-Funded Benefits

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
				  Definitions of words and terms in Finance Code, §
										RSA 154.002, are
				  incorporated in this section by reference. The following words and terms have
				  the following meanings when used in this section, unless the context clearly
				  indicates otherwise.
(1) Aggregate trust
				  funds--The trust funds to be transferred with respect to an individual prepaid
				  contract as of the transfer date, comprised of the paid-in principal plus the
				  earnings attributable to that prepaid contract. As the context may require, the
				  term also refers to the sum of the aggregate trust funds for all prepaid
				  contracts subject to conversion.
(2) Applicant--A permit holder under Finance
				  Code, Chapter 154, who files an application under this section.
(3) Contract beneficiary--The person named in
				  a prepaid contract as the intended recipient of contracted funeral merchandise
				  and services.
(4) Conversion--A
				  transaction under Finance Code, §
											RSA 154.204, and this
				  section, to convert all outstanding trust-funded prepaid funeral benefits under
				  existing prepaid contracts administered by the applicant to insurance-funded
				  prepaid funeral benefits to be administered by the post-conversion permit
				  holder after conversion.
(5)
				  Insurance company--The insurance company designated in an application filed
				  under this section to issue the annuities required for the conversion. The
				  insurance company may also be the post-conversion permit holder if permitted
				  under applicable insurance law and regulations.
(6) Paid-in principal--The amount required to
				  be deposited in trust by the applicant with respect to an individual prepaid
				  contract pursuant to Finance Code, §
											RSA 154.253. As the
				  context requires, the term may also refer to the total amount deposited in
				  trust by the applicant for all prepaid contracts.
(7) Post-conversion permit holder--The permit
				  holder designated in an application filed under this section to hold and
				  administer the prepaid contracts after conversion. The post-conversion permit
				  holder may also be the insurance company if permitted under applicable
				  insurance law and regulations.
(8)
				  Prepaid contract--A contract for prepaid funeral benefits under Finance Code,
				  Chapter 154.
(9) Purchaser--An
				  individual who purchased a trust-funded prepaid contract that is the subject of
				  an application filed under this section. The purchaser may also be the contract
				  beneficiary. If permitted by the context, the term includes the purchaser's
				  authorized agent.
(10) TDI--Texas
				  Department of Insurance.
(11)
				  Unpaid principal balance--The unpaid portion of the purchase price of a prepaid
				  contract.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 25 - PREPAID FUNERAL CONTRACTS › Subchapter B - REGULATION OF LICENSES › Section 25.31 - Effect of Criminal Convictions on Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions. The following words and
				  terms, when used in this section, shall have the following meanings, unless the
				  context clearly indicates otherwise:
(1)
				  Commissioner--The banking commissioner of Texas.
(2) Official--An individual applying for or
				  holding a permit, or an owner, officer, or holder of more than 25 percent of
				  the outstanding shares of an applicant for or holder of a permit that is an
				  entity.
(3) Permit--The
				  authorization issued by the commissioner pursuant to Finance Code, Chapter 154,
				  Subchapter C, to sell or accept money for prepaid funeral benefits, or solicit
				  an individual's designation of prepaid funeral benefits to be paid out of a
				  fund, investment, security, or contract.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 25 - PREPAID FUNERAL CONTRACTS › Subchapter B - REGULATION OF LICENSES › Section 25.41 - How Do I Provide Information to Consumers on How to File a Complaint and What Action Must I Take When I Receive a Complaint?

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions
(1) "Consumer" means an individual who
				  obtains or has obtained a product or service from you that is to be used
				  primarily for personal, family, or household purposes.
(2) "Consumer complaint" means a written
				  complaint you receive from a consumer regarding the manner in which you operate
				  your business selling prepaid funeral benefits or perform your obligations
				  under a prepaid funeral benefits contract or Finance Code, Chapter 154. The
				  term includes a written complaint you receive either directly from the consumer
				  or through the Department. The term does not include an oral
				  complaint.
(3) "Department" means
				  the Texas Department of Banking.
(4) "Privacy notice" means any notice which
				  you give regarding a consumer's right to privacy as required by a specific
				  state or federal law.
(5) "Required
				  notice" means a notice in a form set forth or provided for in subsection (b)(1)
				  of this section.
(6) "You" or "I"
				  means a prepaid funeral benefits contract seller that is licensed or permitted
				  by the Texas Department of Banking under the Finance Code.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 26 - PERPETUAL CARE CEMETERIES › Section 26.1 - What Fees Must I Pay to Operate a Perpetual Care Cemetery?

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
				The following words and terms, when used in this section, will have the
				following meanings, unless the text clearly indicates otherwise.
(1) "Act" means Health and Safety Code,
				Chapter 712, as amended.
(2)
				"Examination" means the department's review and evaluation of the books and
				records of a perpetual care cemetery corporation by on-site examination or
				off-site review pursuant to §712.044(a) of the Act.
(3) "You," "Your," or "I" means the owner or
				operator of a perpetual care cemetery.
(4) "Fund balance" means the total amount of
				perpetual care monies that are required to be deposited in your perpetual care
				fund under the Act, excluding capital gains, capital losses, undistributed
				interest income and any voluntary contributions.
(5) "Fiscal year" means the 12-month period
				from September 1st to August 31st.
(6) "Certificate of authority" means a
				certificate issued by the department to operate a perpetual care cemetery,
				which remains in effect until it is revoked by a district court or the
				department or surrendered by the certificate holder.
(7) "GDPIPD factor" means the annual factor
				that is equal to the percentage change in the Gross Domestic Product Implicit
				Price Deflator index values published quarterly by the Bureau of Economic
				Analysis, United States Department of Commerce for the first quarter of the
				current year compared to the first quarter of the previous year (the
				March-to-March period immediately preceding the calculation date), rounded to a
				hundredth of a percent (two decimal places).
(8) "Department" means the Texas Department
				of Banking.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 26 - PERPETUAL CARE CEMETERIES › Section 26.2 - What Records am I Required to Maintain?

Current through Reg. 49, No. 28; July 12, 2024
(a) What unique
				defined terms are used in this section?
(1)
				"You" or "I" means the owner or operator of a perpetual care
				cemetery.
(2) "Perpetual care
				property" or "property" means all niches, crypts, and ground space sold in
				connection with perpetual care.
(3)
				"Consumer complaint" means a written complaint you receive, either at your
				corporate office or your cemetery location, from a consumer regarding the
				manner in which you operate your perpetual care cemetery or perform your
				obligations under a perpetual care cemetery contract or Health and Safety Code,
				Chapter 711, or Chapter 712. The term includes a written complaint you receive
				either directly from the consumer or through the department. The term does not
				include an oral complaint.
(4)
				"Maintain" means to store and retain records either in hard copy form or on
				microfiche or in an electronic database from which the record can be retrieved
				and printed in hard copy in a manner that does not impede the efficient
				completion of the examination.
(5)
				"Department" means the Texas Department of Banking.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 26 - PERPETUAL CARE CEMETERIES › Section 26.3 - How to Respond to a Written Notice to Prohibit Interment of a Homicide Perpetrator in the Same Cemetery as a Homicide Victim

Current through Reg. 49, No. 28; July 12, 2024
(a) What unique
				defined terms are used in this section?
(1)
				"Authorized person" means the person that has the right to control the
				disposition of an individual's remains, as specified by Health and Safety Code,
				§711.002.
(2) "Barred
				individual" means a natural person whose remains you have been or may be
				requested to inter in your cemetery, who caused the death of a victim already
				interred in your cemetery as a result of conduct constituting:
(A) murder under Penal Code, §
											19.02;
(B) capital murder under Penal Code, §
											19.03;
(C) criminally negligent homicide under Penal
				Code, §
											19.05;
(D) intoxication manslaughter under Penal
				Code, §
											49.08; or
(E) a crime under a statute of another state
				that is similar to Penal Code, §
											19.02, §
											19.03, §
											19.05, or §
											49.08.
(3) "Time of interment" means the
				time you place the remains of an individual in the individual's final resting
				place.
(4) "Written notice" means
				the notice specified by Health and Safety Code, §712.009(b)(2), requesting
				that a barred individual not be interred in your cemetery.
(5) "You" or "I" means the owner or operator
				of a perpetual care cemetery.
(6)
				"Department" means the Texas Department of Banking.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 26 - PERPETUAL CARE CEMETERIES › Section 26.4 - When Must I Order and Set a Burial Marker or Monument in my Perpetual Care Cemetery?

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
(1) "Department" means the Texas Department
				of Banking.
(2) "Purchaser" means
				the person who signs the contract to buy a burial marker or monument from you,
				and includes a person authorized under the terms of the contract to act for
				such person in connection with the contract. If such person is deceased and is
				the person for whom the marker or monument has been purchased, the term also
				includes any person listed in Health and Safety Code, §
										RSA
				711.002, as you deem appropriate under the
				circumstances.
(3) "Set" means
				install or place.
(4) "You" or "I"
				means a cemetery corporation that owns or operates a perpetual care cemetery.
				For purposes of subsection (b)(1) of this section the term also includes a
				representative or agent that receives payment for the marker or monument on
				your behalf, whether or not the agent or representative signs the purchase
				order.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 26 - PERPETUAL CARE CEMETERIES › Section 26.5 - When Must I Issue a Conveyance Document for a Cemetery Plot?

Current through Reg. 49, No. 28; July 12, 2024
A perpetual care cemetery must issue a conveyance document
				  for a cemetery plot, as defined by Health and Safety Code, §
									711.001(25),
				  no later than 20 days after the end of the month in which the contract is paid
				  in full.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 26 - PERPETUAL CARE CEMETERIES › Section 26.6 - Required Record for a Cremains Receptacle

Current through Reg. 49, No. 28; July 12, 2024
(a) For purposes of
				this section, the terms "cremains receptacle," "plot" and "niche" have the
				meanings assigned by Health and Safety Code, §
									711.001.
(b) After a perpetual care cemetery
				organization has properly dedicated and platted cemetery property, the
				organization may place a cremains receptacle that contains not more than four
				niches on a plot after a cremains receptacle map has been created. The cremains
				receptacle map must:
(1) be a diagram or
				drawing of the cremains receptacle as it is to be situated on the
				plot;
(2) include a notation of the
				plot by garden, lot and space the cremains receptacle is to be placed
				on;
(3) include a legend indicating
				the direction of the head of the plot i.e., north, south, east, or
				west;
(4) include the approximate
				dimensions of the cremains receptacle;
(5) include a unique identifier for each
				niche (i.e., number or letter);
(6)
				include the date the cremains receptacle was placed on the plot;
(7) include the purchase agreement number of
				the cremains receptacle; and
(8)
				include signature and date lines for approval by cemetery management.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 26 - PERPETUAL CARE CEMETERIES › Section 26.11 - How Do I Provide Information to Consumers on How to File a Complaint?

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
(1) "Consumer" means a person who obtains or
				has obtained interment rights, merchandise or services from you under an
				agreement that provides for perpetual care. For purposes of §
										RSA
				26.12 of this title (relating to What must I
				do If I Receive a Written Consumer Complaint?), the term includes:
(A) a person authorized under the terms of
				the agreement to act in connection with the agreement; and
(B) if the person for whom such interment
				rights, merchandise or services have been obtained is deceased, any person
				listed in Health and Safety Code, §
											RSA
				711.002(a).