(a)(No change.) (b)What records must I maintain? (1)You must maintain the following records in a general file that is readily accessible to the department: (A)your most current [consolidated] financial statement or tax return, either of which must:[, in the alternative, your most current financial records and/or tax return, provided that the records must substantiate your use or expenditure of fund income;] (i)substantiate your use or expenditure of fund income; and (ii)include a balance sheet and income statement dated not later than the last day of your preceding fiscal year; (B) - (H)(No change.) (I)all maps, plats, and property dedications, and a list of these that reflects the dates of filing in the county records under Health and [&] Safety Code, §711.034; (J)(No change.) (K)records and photographs relating to lawn crypt construction and completion, to demonstrate you complied with Health and [&] Safety Code, §§711.061 , 711.063 and 711.064 [and §711.062]; (L) - (M)(No change.) (2) - (4)(No change.) (5)You must maintain a monthly recapitulation of all conveyance of interment rights issued since the date of your last examination that includes, for each paid-in-full property sale: (A) - (F)(No change.) (G)the deposits to the fund from sales, as required by Health and [&] Safety Code, §712.028; (H)any additional deposits to the fund: (i)that are required by contract in an amount in excess of the deposits required by Health and [&] Safety Code, §712.028; (ii) - (iii)(No change.) (iv)that are voluntarily made in excess of the amount of deposits required by Health and [&] Safety Code, §712.028; (I) - (J)(No change.) (c)Where do I need to keep the records required under this section? (1)(No change.) (2)If the physical location of the records is not conducive to examination by banking department personnel, the banking department may request that you provide your records at a mutually agreeable location in your area that is more suitable for conducting an examination. In this situation, if you refuse to agree, the commissioner may consider your inaction to constitute refusal to submit to an examination and initiate an appropriate enforcement action against you under Health and [&] Safety Code, §§712.0441 - 712.0444. (d)(No change.)
This agency hereby certifies that the proposal has
been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on August 19, 2011
TRD-201103315 A. Kaylene
Ray
General Counsel
Texas Department of Banking
Proposed date of adoption: October 21, 2011
For further information, please call: (512) 475-1300
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