The Finance Commission of Texas (the commission), on behalf of the Texas Department of Banking (the department), adopts amendments to certain rules in 7 TAC Chapter 26, governing Texas perpetual care cemeteries. The amended rules are adopted without changes to the proposed text as published in the November 11, 2022, issue of the Texas Register (47 TexReg 7505). The amended rules will not be republished.

In particular, the commission adopts amendments to §26.1, concerning fees to operate a perpetual care cemetery; §26.2, concerning required records to maintain; §26.3, concerning responding to written notice to prohibit interment of a homicide perpetrator in the same cemetery as a homicide victim; §26.4 concerning burial markers or monuments; §26.5, concerning conveyance of a cemetery plot; §26.6, concerning required record for cremains receptacle; §26.11, concerning information to consumers on how to file a consumer complaint; and §26.12, concerning response to written consumer complaints.

The adopted amendments arise from rule review conducted pursuant to Texas Government Code, §2001.039, and provide clarity, improve consistency and workability, eliminate an unneeded reference, and address certain clerical errors, and maintain consistent formatting within the chapter.

In August 2022, the department issued an advance notice of rule review, seeking informal feedback on the rule review. Notice of the review of 7 TAC Chapter 26 was published in the Texas Register on August 26, 2022 (47 TexReg 5145). No comments were received in response to that notice. On October 28, 2022, the commission determined that the reasons for initially adopting these rules continue to exist, and readopted 7 TAC Chapter 26, in its entirety, but also stated that certain revisions and other changes were appropriate and necessary, and that such amendments would be proposed concurrently (47 TexReg 7505). These amendments as adopted are discussed below.

The rules in 7 TAC Chapter 26, govern perpetual care cemeteries. A reference is no longer needed and minor cleanup and reorganization is beneficial.

Section 26.1(a) sets out definitions for this section. Adopted amendments to §26.1(a) improve formatting consistency, add a definition for clarity, and consolidate all definitions into one subsection.

Section 26.1(b) discusses required fees for operating a perpetual care cemetery. Adopted amendment to §26.1(b) eliminates references to a renewal fee as it is no longer applicable.

Section 26.1(c) discusses the manner of fee payment. Adopted amendment to §26.1(c) makes a minor language change for clarity.

Section 26.1(d) explains how the annual assessment fee is adjusted. Adopted amendments to §26.1(d) remove the definition in order to consolidate all definitions in one subsection and make minor punctuation changes for clarity.

Section 26.1(e) explains when an additional examination may be necessary and what the associated costs may be. Adopted amendment to §26.1(e) makes a minor punctuation change for clarity.

Section 26.2(a) sets out definitions for this section. Adopted amendments to §26.2(a) add a definition for clarity and make a punctuation change for consistency.

Section 26.2(b) discusses record retention requirements. Adopted amendments to §26.2(b) make clerical changes for consistency.

Section 26.2(c) explains where records must be kept. Adopted amendments to §26.2(c) make clerical changes for consistency.

Section 26.3 provides suggested actions for cemetery owners relating to the interment of certain persons. Adopted amendments to §26.3 make clerical changes for clarity and consistency.

Section 26.4(h) explains requirements for cemeteries related to the purchase of outside burial markers or monuments. Adopted amendment to §26.4(h) makes a clerical change for clarity.

Section 26.5 explains the requirements for the issuance of conveyance documents for a cemetery plot. Adopted amendment to §26.5 makes a clerical change for consistency.

Section 26.6 explains the requirements for cremains receptacle maps. Adopted amendments to §26.6 make clerical changes for consistency.

Section 26.11(b) explains the requirements for providing notice of a consumer complaint. Adopted amendments to §26.11 make minor clerical changes for consistency.

Section 26.12(b) explains the requirements for responding to a consumer complaint. Adopted amendments to §26.12 make minor clerical changes for consistency.

The department received no comments regarding the proposed amendments.

The amended rules are adopted pursuant to Texas Finance Code (Finance Code), §712.008, which authorizes the commission to adopt rules to enforce and administer Health and Safety Code, Chapter 712.

Chapter 712 of the Health and Safety Code is affected by the adopted amended sections.