Tex. Health & Safety Code Section 712.0037
Renewal of Certificate of Authority


(a)

As a condition of renewal, a certificate holder must meet the qualifications and satisfy the requirements that apply to an applicant for a new certificate of authority. Additionally, not later than the certificate’s renewal date, a certificate holder shall:

(1)

pay a renewal fee in an amount established by Finance Commission of Texas rule; and

(2)

submit a renewal report under oath and in the form and medium required by the commissioner that demonstrates that the certificate holder meets the qualifications and requirements for holding a certificate.

(a-1)

Notwithstanding Subsection (a), a certificate holder holding a certificate of authority issued before September 1, 2017, that does not on that date satisfy the ownership requirement under Section 712.0034 (Qualifications for Certificate of Authority; Investigation)(b)(5)(D) is not required to satisfy that ownership requirement as a condition of renewal until September 1, 2022. The commissioner may extend the period of compliance for the ownership requirement if the certificate holder:

(1)

files a written application for the extension in the form and manner required by the department; and

(2)

shows good cause for the extension.

(a-2)

This subsection and Subsection (a-1) expire September 1, 2028.

(b)

If the department does not receive a certificate holder’s renewal fee and complete renewal report on or before the certificate’s renewal date, the commissioner:

(1)

shall notify the certificate holder in writing that the certificate holder must submit the renewal report and pay the renewal fee not later than the 30th day after the certificate’s renewal date; and

(2)

may require the certificate holder to pay a late fee, in an amount established by Finance Commission of Texas rule and not subject to appeal, for each business day after the certificate’s renewal date that the commissioner does not receive the completed renewal report and renewal fee.

(c)

On timely receipt of a certificate holder’s complete renewal report and renewal fee and any late fee, the department shall review the report and the commissioner may:

(1)

renew the certificate of authority; or

(2)

refuse to renew the certificate of authority and take other action the commissioner considers appropriate.

(d)

The applicant on request is entitled to a hearing to contest the commissioner’s refusal to renew the certificate. The request must be filed with the commissioner not later than the 30th day after the date the notice of refusal to renew is mailed. The hearing is a contested case under Chapter 2001 (Administrative Procedure), Government Code.

(e)

The holder or principal of or the person in control of the holder of an expired certificate of authority, or the holder or principal of or person in control of the holder of a certificate of authority surrendered under Section 712.00395 (Surrender of Certificate of Authority; Fee), who wishes to conduct activities for which a certificate of authority is required under this chapter shall file a new application for a certificate of authority and satisfy all requirements for the certificate that apply at the time the new application is filed.
Added by Acts 2011, 82nd Leg., R.S., Ch. 532 (H.B. 2495), Sec. 8, eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1336 (S.B. 1167), Sec. 8, eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 71 (S.B. 1402), Sec. 3, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 46, eff. September 1, 2019.

Source: Section 712.0037 — Renewal of Certificate of Authority, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­712.­htm#712.­0037 (accessed Jun. 5, 2024).

712.001
Definitions
712.002
Exemptions from Chapter
712.003
Registration Required
712.004
Perpetual Care Trust Fund Required
712.005
Cancellation of Charter for Failure to Begin Operation of Perpetual Care Cemetery
712.007
Notice of Perpetual Care Required
712.008
Rules
712.009
Limitations on Burials
712.020
Conflict with Other Law
712.021
Establishment and Purposes of Fund
712.022
Operation of Perpetual Care Cemetery
712.023
Validity of Contributions
712.024
Amendment of Trust Instrument
712.025
Use of Fund Distributions
712.026
Suit by Plot Owners to Maintain Perpetual Care
712.027
Investment of Fund
712.028
Amount of Fund Deposits from Sales
712.029
Accounting for and Depositing Amounts
712.030
Use of Gift for Special Care of Plot in Perpetual Care Cemetery
712.0032
Certificate of Authority Requirement
712.0033
Certificate of Authority Application
712.0034
Qualifications for Certificate of Authority
712.0035
Issuance of Certificate of Authority
712.0036
Term of Certificate of Authority
712.0037
Renewal of Certificate of Authority
712.0038
Transfer or Assignment Prohibited
712.0039
Transfer of Business Ownership
712.041
Annual Statement of Funds
712.042
Fees
712.043
Additional Fund Report
712.044
Examination of Records
712.045
Revocation or Suspension of Certificate of Authority
712.048
Criminal Penalties
712.061
Offer and Sale of Undeveloped Mausoleum Space
712.062
Deposits to Fund
712.063
Preconstruction Trust
712.064
Construction
712.065
Release of Trust Funds to Corporation
712.066
Contract Disclosures
712.067
Bond in Lieu of Preconstruction Trust
712.068
Reports
712.0255
Judicial Modification or Termination of Fund
712.0351
Definitions
712.0352
Modification of Distribution Method
712.0353
Determination of Fair Market Value
712.0354
Determination of Total Return Percentage
712.0355
Regulatory Limits on Distributions
712.0356
Rules
712.0357
Nature of Total Return Distributions
712.00395
Surrender of Certificate of Authority
712.0435
Investigations
712.0441
Enforcement
712.0442
Pattern of Wilful Disregard
712.0443
Cease and Desist Order
712.0444
Emergency Order
712.0445
Receivership Proceedings

Accessed:
Jun. 5, 2024

§ 712.0037’s source at texas​.gov