| (1) TFSC, DOB, and TDI will continue to provide consumers
with the brochure entitled "Facts About Funerals" developed by TFSC
(in Spanish and in English). DOB will continue to provide consumers
with information on its website in accordance with Finance Code §154.132,
including the informational brochure developed in accordance with
Finance Code §154.131.
(2) DOB, TDI, and TFSC will maintain their toll free
numbers.
(3) TFSC, DOB, and TDI, as state agencies, are subject
to the Public Information Act, Government Code Chapter 552. Upon written
request, the three agencies will provide consumers with public information
which is not exempt from disclosure under that Act. As noted in the
preamble to this JMOU, the agencies may, where not statutorily prohibited,
exchange information necessary to fulfill their statutory responsibilities
among each other, without making such information public information
under the Public Information Act.
(g) Administrative penalties each agency imposes for
violations.
(1) Texas Funeral Service Commission. The TFSC may
impose an administrative penalty, issue a reprimand, or revoke, suspend,
or place on probation any licensee who violates Finance Code Chapter
154. TFSC administrative penalties vary based on the violation; TFSC
sanctions are imposed under Occupations Code Chapter 651.
(2) Texas Department of Banking. DOB administrative
penalties vary based on the violation; DOB sanctions are imposed under
Finance Code Chapter 154.
(3) Texas Department of Insurance. TDI administrative
penalties vary based on the violation; TDI sanctions are imposed under
Insurance Code Chapter 82.
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