: Texas Register

Texas Register

TITLE 7	BANKING AND SECURITIES
PART 2	TEXAS DEPARTMENT OF BANKING
CHAPTER 26	PERPETUAL CARE CEMETERIES
RULE §26.4	When Must I Order and Set a Burial Marker or Monument in my Perpetual Care Cemetery?
ISSUE	11/11/2022
ACTION	Proposed

Preamble

Texas Admin Code Rule

(a) - (g)(No change.)

(h)Does subsection (b) of this section apply to burial markers or monuments the purchaser buys from someone other than my cemetery or an affiliate of my cemetery? No. Subsection (b) of this section applies to only those markers and monuments purchased from you or from an affiliate of your cemetery. For purposes of this subsection, an affiliate means a company that directly or indirectly controls, is controlled by, or is under common control with you.

(i)If a purchaser buys a burial marker or monument from a vendor other than my cemetery and has it delivered to my cemetery, must I install the marker or monument within the time period provided for in subsection (c) or (d) of this section? Yes, provided:

(1)the purchaser has paid you all amounts due for the space or spaces in your cemetery on which the marker or monument will be set;

(2)the purchaser or vendor has paid all setting fees;

(3)the marker or monument meets your cemetery's standards requirements; and

(4)if applicable, the vendor has met all requirements relating to the setting and placement of the marker or monument under your cemetery's rules and regulations.

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 28, 2022

TRD-202204257

Catherine Reyer

General Counsel

Texas Department of Banking

Earliest possible date of adoption: December 11, 2022

For further information, please call: (512) 475-1301

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