(a) What unique defined terms are used in this section?
(1) "Authorized person" means the person that has the right to control the disposition of an individual's remains, as specified by Health and Safety Code, §711.002.
(2) "Barred individual" means a natural person whose remains you have been or may be requested to inter in your cemetery, who caused the death of a victim already interred in your cemetery as a result of conduct constituting:
(3) "Time of interment" means the time you place the remains of an individual in the individual's final resting place.
(4) "Written notice" means the notice specified by Health and Safety Code, §712.009(b)(2), requesting that a barred individual not be interred in your cemetery.
(5) "You" or "I" means the owner or operator of a perpetual care cemetery.
(6) "Department" means the Texas Department of Banking.
(b) What should I do if I receive a written notice requesting that I not inter a named person in my cemetery? If you receive a written notice under Health and Safety Code, §712.009(b)(2), this subsection specifies the actions you should take within the two-week period following the date you receive the notice. It may be in your best interests to inform your attorney and the department that you received a notice under Health and Safety Code, §712.009(b)(2). If you consult an attorney, you should follow your attorney's advice.
(1) If you receive the written notice after the time of interment of the person named as a barred individual in the notice, you should state that interment has already occurred in a written reply to the person who sent you the notice.
(2) If you receive the written notice prior to the time of interment of the person named as a barred individual in the notice, you should take the actions specified in this paragraph of this subsection.
(c) What must the written notice contain to satisfy legal requirements? To satisfy the requirements of Health and Safety Code, §712.009, a written notice must be received by you prior to the time of interment of the person named as the barred individual, and must contain, or have attached documents containing, information that unambiguously:
(1) identifies a victim interred in your cemetery;
(2) identifies the sender as the authorized person of the victim;
(3) identifies a person as a barred individual and requests that the barred individual not be interred in your cemetery; and
(4) demonstrates that the named person is a barred individual, by including:
(d) What must I do if I receive a written notice that complies with subsection (c) of this section? If you are subject to a written notice that satisfies the requirements of Health and Safety Code, §712.009(b)(2), as discussed in subsection (c) of this section, you should take the actions specified in this subsection.
(1) If the barred individual has died and you had temporarily suspended interment of the barred individual's remains under subsection (b)(2)(B) of this section, you should notify the authorized representative of the barred individual that you may not inter the barred individual in your cemetery. Alternatively, if your cemetery is the only cemetery serving the municipality or county in which the victim and the barred individual lived, you should explain the authorized representative's options to select an interment location within the boundaries you specify for the purpose of ensuring interment of the barred individual's remains is in a different part of your cemetery or otherwise as far away as possible from the place where the victim is interred. At your option, you may also explain other, non-interment services you can provide. If a contract exists that purports to require you to inter the barred individual's remains, you should also comply with subsection (e) of this section.
(2) If you are not aware that the barred individual has died or you have not scheduled or been requested to provide interment of the barred individual's remains, you should make appropriate entries in your records to either:
(3) If you are not aware that the barred individual has died or you have not scheduled or been requested to provide interment of the barred individual's remains, you should also make appropriate entries in your records to remind you of future actions that may be required if you are requested in the future to inter the barred individual's remains. For example, if the written notice contained and relied on a certified trial court judgment, you should, by means of a notice in writing, give a reasonable opportunity (e.g., two weeks) to:
(e) Does a written notice that complies with subsection (c) of this section ever expire?
(1) If you are subject to a written notice that satisfies the requirements of Health and Safety Code, §712.009(b)(2), as discussed in subsection (c) of this section, you are bound by Health and Safety Code, §712.009, for a period that ends seven years after the date you received the written notice. However, the authorized representative of the victim may periodically extend this period by sending you a written renewal notice under Health and Safety Code, §712.009(f).
(2) If you receive a written renewal notice before the expiration of the seven year period initiated by a previous notice, you should immediately examine the written renewal notice, any accompanying documents, and the documents you received in connection with any prior notice to determine if the written renewal notice satisfies the requirements of subsection (c) of this section, in a manner similar to the investigation you conducted under subsection (b)(2)(C) of this section when you received the initial written notice.
(3) If a written renewal notice, any accompanying documents, and the documents you received in connection with any prior notice collectively satisfy the requirements of Health and Safety Code, §712.009(b)(2), as discussed in subsection (c) of this section, the period during which you are bound by Health and Safety Code, §712.009, will be extended for an additional period that ends seven years after the date you received the written renewal notice.
(f) What should I do if I have a contract to inter the barred individual's remains and I am subject to a written notice that complies with subsection (c) of this section? You should consult an attorney if you have a contract to inter the remains of a barred individual. Although you are protected from owing damages to the authorized representative of the barred individual under Health and Safety Code, §712.009(e), if you are barred from interring remains under that section, you will still be required to return any funds you received under a contract that you did not earn. You and the authorized representative of the barred individual may be able to negotiate a satisfactory settlement to enable you to earn at least a portion of the funds you received for the contract, such as by performing services not involving interment in your cemetery or assisting in alternate arrangements for disposition of the barred individual's remains.
(g) What records must I maintain if I receive a written notice? You must maintain the following records with respect to each victim interred in your cemetery that has been identified by a written notice:
(1) the written notice you received that identified a victim interred in your cemetery;
(2) the documents you received with the written notice or in response to your request for additional documents;
(3) each written renewal notice you received relating to the initial written notice retained under paragraph (1) of this subsection;
(4) any documents you received with a written renewal notice or in response to your request for additional documents;
(5) to the extent not already identified by prior paragraphs of this subsection, all correspondence to or from the authorized person of the victim or the authorized person's legal representative or attorney, including any complaints that you were required by a written notice to comply with Health and Safety Code, §712.009, but you inappropriately or unlawfully failed to comply;
(6) to the extent not already identified by prior paragraphs of this subsection, all correspondence to or from the authorized person of the barred individual or the authorized person's legal representative or attorney, including any complaints that a written notice was defective and did not require you to comply with Health and Safety Code, §712.009, but you inappropriately or unlawfully complied;
Cont'd...