(a)Definitions. (1) - (3)(No change.) (4)"You" or "I" means a cemetery corporation that owns or operates a perpetual care cemetery. For purposes of subsection (b)(1) of this section the term also includes a representative or agent that receives payment for the marker or monument on your behalf, whether or not the agent or representative signs the purchase order. (b)(No change.) (c)When must I set the burial marker, once it has been delivered to my cemetery location? You must set the marker on or before the earlier of a date stipulated by the certificate holder in writing or the 15th day after the date as of which all of the following events have occurred: (1) - (3)(No change.) (d)When must I set the burial monument, once it has been delivered to my cemetery location? You must set the monument on or before the earlier of a date stipulated by the certificate holder in writing or the 25th day after the date as of which all of the following events have occurred: (1) - (3)(No change.) (e)(No change.) (f)What marker list must I maintain? You [ Must I keep a written log related to the burial marker or monument purchase and installation process to prove that I have complied with this section? No. However, you] must keep a list of all [ each] marker transactions [purchased] since the last examination, and the purchaser's marker or monument contract file must include all documentation necessary to verify and substantiate the dates specified in subsections (b), (c), (d), and (e) of this section, as applicable, and your compliance with this section. (g) - (i)(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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