is sent. A cemetery may not remove remains under this subsection for a fraudulent purpose or to allow the sale of the plot in which the remains are located to another person. (k) In an emergency circumstance described by Subsection (l) that necessitates immediate removal of remains before the date on which the court is required to hear an application for permission to remove remains under Subsection (d), a cemetery organization may remove remains from a plot in the cemetery and transfer the remains to another plot in the same cemetery without the court hearing. A cemetery association that removes remains under this subsection shall send written notice of the removal by certified mail, return receipt requested, to the last known address of the person designated under Subsection (a) not later than the fifth day after the date the remains are removed. The notice must indicate that the remains were removed, the reason for the removal of the remains, and the location of the reinterment of the remains. (l) For purposes of Subsections (d) and (k), “emergency circumstance” means: (1) A natural disaster; or (2) An error in the interment of remains.
(2) Not later than the 30th day after the date the remains are removed, provide notice by certified mail to the Texas Funeral Service Commission and the Department of State Health Services of the person’s intent not to reinter the remains and the reason the remains will not be reinterred. (i) A person who removes remains from a cemetery shall give the cemetery organization operating the cemetery a copy of the record made as required by Subsections (g) and (h). (j) A cemetery organization may remove remains from a plot in the cemetery and transfer the remains to another plot in the same cemetery without the written consent required under Subsection (a) if the cemetery seeks consent by sending written notice by certified mail, return receipt requested, to the last known address of the current owner of the plot from which the remains are to be removed or to the person designated under Subsection (a). The notice must indicate that the remains will be removed, the reason for the removal of the remains, and the proposed location of the reinterment of the remains. The cemetery may transfer the remains to another plot in accordance with this subsection if an objection is not received in response to the notice before the 31st day after the date the notice
SUBCHAPTER D. ENFORCEMENT
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.
SUBCHAPTER E. LAWN CRYPTS
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 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.
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.
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 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
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