Current through Reg. 49, No. 38; September 20, 2024
(a) Definitions.
(1) "Department" means the Texas Department
of Banking.
(2) "Purchaser" means
the person who signs the contract to buy a burial marker or monument from you,
and includes a person authorized under the terms of the contract to act for
such person in connection with the contract. If such person is deceased and is
the person for whom the marker or monument has been purchased, the term also
includes any person listed in Health and Safety Code, §
RSA
711.002, as you deem appropriate under the
circumstances.
(3) "Set" means
install or place.
(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) When must I
order the purchaser's burial marker or monument? You must order the marker or
monument and pay the amount, if any, required by the vendor or manufacturer to
initiate the order on or before the 21st day after the date as of which both of
the following events have occurred:
(1) the
purchaser pays you:
(A) the amount you
require to order the marker or monument; and
(B) all amounts due under the perpetual care
cemetery agreement, including charges for interment rights, the plot or plots
on which the marker or monument is to be set, and fees for perpetual or
endowment care; and
(2)
the purchaser approves the design and lettering for the marker or monument and
signs the necessary documentation directing or authorizing you to order the
marker or monument.
(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) the purchaser inspects and accepts the
marker if you require inspection and approval;
(2) the purchaser pays you:
(A) all amounts due under the contract for
the marker, including the amount due for the base if your cemetery requires
that a base be used with the marker; and
(B) any remaining amounts due under the
perpetual care cemetery agreement, including charges for interment rights, the
plot or plots on which the marker or monument is to be set, and fees for
perpetual or endowment care; and
(3) if the purchaser has stipulated in
writing that the marker be set later than required under this subsection, the
purchaser asks you to set the marker.
(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) the purchaser inspects and
accepts the monument if you require inspection and approval;
(2) the purchaser pays you:
(A) all amounts due under the contract for
the monument, including the amount due for the foundation if your cemetery
requires that a foundation be used with the monument; and
(B) any remaining amounts due under the
perpetual care cemetery agreement, including charges for interment rights, the
plot or plots on which the marker or monument is to be set, and fees for
perpetual or endowment care; and
(3) if the purchaser has stipulated in
writing that the monument be set later than required under this subsection, the
purchaser asks you to set the monument.
(e) What if I cannot set the burial marker or
monument within the time period required by subsection (c) or (d) of this
section because of inclement weather or other special circumstances? If you
cannot set the marker or monument within the required time period, you must
notify the purchaser in writing no later than the 5th day after the date by
which the marker or monument must be set under subsection (c) or (d) of this
section. Your written notice must:
(1) if
possible, state the date you expect to set the marker or monument;
and
(2) provide an explanation of
the delay.
(f) What
marker list must I maintain? You must keep a list of all marker transactions
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) Must I inform the purchaser of the date
requirements established by this section? Yes. You must provide written notice
to the purchaser of all of the date requirements in one of the following:
(1) purchase agreement;
(2) marker/monument order form;
(3) cemetery rules and regulations;
or
(4) cemetery price
list.
(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.
