(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. 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. 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
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. 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. 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. Subchapter E. 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. 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
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
Book Code: FTX1624
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