Sec. 712.0034. QUALIFICATIONS FOR CERTIFICATE OF AUTHORITY; INVESTIGATION  


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  • (a) The commissioner may investigate an applicant before issuing a certificate of authority.

    (b) To qualify for a certificate of authority under this chapter, an applicant must demonstrate to the satisfaction of the commissioner that:

    (1) the applicant's business ability, experience, character, financial condition, and general fitness warrant the public's confidence;

    (2) the cemetery operations manager has at least two years of experience in cemetery management;

    (3) the issuance of the certificate of authority is in the public interest;

    (4) the applicant, a principal of the applicant, or a person who controls the applicant does not owe the department a delinquent fee, assessment, administrative penalty, or other amount imposed under this chapter or a rule adopted or order issued under this chapter; and

    (5) the applicant corporation:

    (A) is in good standing and statutory compliance with this state;

    (B) is authorized to engage in the perpetual care cemetery business in this state; and

    (C) does not owe any delinquent franchise or other taxes to this state.

Added by Acts 2011, 82nd Leg., R.S., Ch. 532 , Sec. 8, eff. September 1, 2011. Added by Acts 2011, 82nd Leg., R.S., Ch. 1336 , Sec. 8, eff. September 1, 2011.