(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) - (C)(No change.) (D)the current trust agreement governing the fund and any amendments[, if amended] since the last examination; (E)if the certificate holder received a uniform risk rating of 3, 4, or 5 at the last examination or if the last examination was a limited scope examination, the certificate holder's examination response and the examination report acknowledgments, signed by the certificate holder's board of directors, for the last examination report (See Texas Department of Banking Supervisory Memorandum 1014 (2011) [(2006)] for an explanation of the perpetual care cemetery rating system.); (F) - (K)(No change.) (L)each cemetery price list that you used at any time since the last examination; [and] (M)your quarterly reconciliation of capital gains and losses in the fund since the last examination, if your trust agreement includes capital gains and losses in the definition of trust income; [.] (N)all documents relating to the offer and sale of undeveloped mausoleum spaces as required under Health and Safety Code, Chapter 712, §712.044(a)(2) - (3) and Subchapter D; and (O)all records relating to regulatory action or litigation to which the certificate holder is subject. (2) - (5)(No change.) (c) - (d)(No change.)
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office
of the Secretary of State on October 17, 2014
TRD-201404829 Catherine Reyer
General Counsel
Texas Department of Banking
Proposed date of adoption: December 12, 2014
For further information, please call: (512) 475-1300
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