Tex. Health & Safety Code Section 712.0354
Determination of Total Return Percentage

(a)

Consistent with the prudent investor rule, the trustee in the exercise of the trustee’s sole discretion shall select the total return percentage to be used in determining permissible distributions from a total return trust at least annually, in an amount that represents a reasonable current return from the fund in light of the investment policy currently applicable to the fund, provided that the total return percentage does not exceed five percent.

(b)

Before the 31st day after the beginning of each fiscal year, the trustee of a total return fund shall send written notice to the commissioner and to the corporation of the trustee’s determination of the total return percentage to be applied in the fiscal year. If the trustee alters the total return percentage during a fiscal year, the trustee shall send written notice to the commissioner and to the corporation of the revised total return percentage and the reason for the revision before the first distribution is made based on the new total return percentage.
Added by Acts 2017, 85th Leg., R.S., Ch. 1051 (H.B. 1948), Sec. 1, eff. September 1, 2017.

Source: Section 712.0354 — Determination of Total Return Percentage, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­712.­htm#712.­0354 (accessed May 26, 2025).

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
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Verified:
May 26, 2025

§ 712.0354. Determination of Total Return Percentage's source at texas​.gov