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. 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. Sec. 711.056. Pattern of Willful 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 willful 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 willful disregard for the requirements of this chapter or rules of the finance commission exists. 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
district court of Travis County or of any county in which the violation occurred. 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. Sec. 711.052. 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: (1) Engages in a business for cemetery purposes in this state other than through a corporation organized for that purpose, if a corporation is required by law; (2) Fails or refuses to keep records of interment as required by Sections 711.003 and 711.004; (3) Sells, offers to sell, or advertises for sale a plot or the exclusive right of sepulture in a plot for purposes of speculation or investment; (4) Represents through advertising or printed material that a retail department will be established for the resale of the plots of plot purchasers, that specific improvements will be made in the cemetery, or that specific merchandise or services will be furnished to a plot owner, unless adequate funds or reserves are created by the cemetery organization for the represented purpose; (5) Makes more than one interment in a plot in a cemetery operated by a cemetery organization other than as provided by Section 711.0395; (6) Removes remains from a plot in a cemetery operated by a cemetery organization without complying with Section 711.004; (7) Offers or receives monetary inducement to solicit business for a cemetery broker; or (8) Fails or refuses to keep records of sales or resales or to collect and remit fees as required by Section 711.0381. (b) A cemetery organization or an officer, agent, or employee of the cemetery organization commits an offense if the cemetery organization, officer, agent, or employee offers any inducement, pecuniary or otherwise, to any person or entity for the purpose of securing or attempting to secure business for that cemetery organization. This subsection does not prohibit the offering or payment by a cemetery organization of any such inducement, pecuniary or otherwise, to an officer, employee, agent, subcontractor, or representative of the cemetery organization. (c) A cemetery organization or an officer, agent, or employee of the cemetery organization commits an offense if the cemetery organization, officer, agent, or employee of a cemetery organization offers a free plot in a drawing, in a lottery, or in another manner, unless the offer is for the immediate burial of an indigent person. (d) Except as provided by this subsection, an offense under this section is a Class A misdemeanor. An offense under Subsection (a)(5) or (6) is a felony of the second degree. 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. Sec. 711.053. Definition In this subchapter, “commissioner” means the banking commissioner of Texas.
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Book Code: FTX1624
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