(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.
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.
Subchapter F. Powers and Duties of Department Relating to Cemetery Brokers 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. Sec. 711.082. Administration; Fees (a) The department shall administer Subchapter C relating to cemetery brokers.
(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. 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.
(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. Sec. 711.083. Records; Examinations (a) A person acting as a cemetery broker shall maintain records in accordance with this subchapter and Section 711.0381.
SECTION III. ADMINISTRATIVE CODE Title 25. Health Services. Part I. Department of State Health Services
Chapter 181. Vital Statistics. Subchapter A. Miscellaneous Provisions For purposes of this section, we have included only the rules applicable to the death care industry. Of the following rules, §181.2 was amended effective 2021. RULE §181.1: Definitions
(5) Dead body: A lifeless human body or such parts of the human body or the bones thereof from the state of which it may be reasonably concluded that death occurred. (6) Disinterment: To exhume, unbury, or take out of the grave. (7) Death records: Records governing deaths and fetal deaths filed pursuant to the Texas Vital Statistics Act. (8) Department: The Texas Department of State Health Services, formerly known as the Texas Department of Health. (9) Embalming: The act of disinfecting or preserving a human dead body, entire or in part, by the use of chemical substances, fluids, or gases in the body; or by the introduction of the same into the body by vascular or hypodermic injection; or by direct application into the organs or cavities; or by any other method intended to disinfect or preserve a dead body or restore body tissues and structures. (10) Fetal death (stillbirth): Death prior to the complete expulsion or extraction from its mother of a product of conception, irrespective of the duration of pregnancy; the death is indicated by the fact that after such separation, the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles.
The following list includes only definitions relevant to the death care industry. To find the complete list of definitions of words and terms, when used in this chapter, please see TSFC Governing Laws: https://tfsc.texas.gov/Laws.html. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: (1) Applicant: A person who requests a service pertaining to a record of birth or death, verification of marriage or divorce, or release of personal data. (Also, see definition for properly qualified applicant). (3) Certified: A certified statement, form, or letter, of the facts stated on the form or document as filed in the Vital Statistics Unit, certified by the State Registrar or duly appointed designee, over the respective signature and may bear the seal of the Vital Statistics Unit. (4) Certified copy: An abstract or photocopy of the original record issued as filed with the Vital Statistics Unit, and issued on a designated form or security paper which shall bear the “state seal,” the Texas Department of State Health Services, Vital Statistics Unit or the seal of their office, and the facsimile signature of the State Registrar or the local registration official.
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Book Code: FTX1624
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