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Texas Statutes (Last Updated: January 4, 2014) |
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HEALTH AND SAFETY CODE |
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Title 8. DEATH AND DISPOSITION OF THE BODY |
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Subtitle C. CEMETERIES AND CREMATORIES |
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Chapter 711. GENERAL PROVISIONS RELATING TO CEMETERIES |
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Subchapter C. CEMETERY ORGANIZATIONS |
Sec. 711.038. SALE OF PLOTS
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(a) A cemetery organization may sell and convey the exclusive right of sepulture in a plot:
(1) after a map or plat and a certificate or declaration of dedication are filed as provided by Section 711.034;
(2) subject to the rules of the cemetery organization and the restrictions in the certificate of ownership or other instrument of conveyance; and
(3) after payment in full of the purchase price of the plot.
(b) A certificate of ownership or other instrument evidencing the conveyance of the exclusive right of sepulture by a cemetery organization must be signed by the president or vice-president and the secretary or other officers authorized by the cemetery organization.
(c) A conveyance of the exclusive right of sepulture must be filed and recorded in the cemetery organization's office.
(d) A plot or a part of a plot that is conveyed as a separate plot by a certificate of ownership or other instrument may not be divided without the consent of the cemetery organization.
(e) A person is not required to be licensed to sell a plot in a dedicated cemetery.
(f) A cemetery organization may not resell the exclusive right of sepulture in a plot unless the exclusive right of sepulture has been reacquired by the cemetery organization. A sanction or other penalty may not be imposed on a cemetery organization that violates this subsection unless:
(1) the state agency authorized to enforce this section provides the cemetery organization written notice of the violation; and
(2) the cemetery organization does not correct the violation before the 91st day after the date on which the cemetery organization received the notice.