Tex. Health & Safety Code Section 712.066
Contract Disclosures


(a)

A sales contract for an undeveloped mausoleum space, whether in English or Spanish, must inform the buyer:

(1)

that the buyer by written notice may cancel the contract for the failure of the corporation or its agent or contractor to construct the mausoleum or mausoleum section containing the undeveloped mausoleum space within the time limits specified by Section 712.064 (Construction; Default)(a) and receive a refund of the entire amount paid under the contract for the undeveloped mausoleum space plus, if the corporation established a preconstruction trust, net income earned on that portion of the money deposited in the preconstruction trust, as provided by Section 712.064 (Construction; Default)(b);

(2)

of the options available under a fully paid contract in the event that the person to be interred in the undeveloped mausoleum space dies before completion of the related mausoleum or mausoleum section, which may include an option to:

(A)

select a replacement mausoleum space or other interment that is acceptable to the buyer or buyer’s representative; or

(B)

elect temporary interment of the human remains or cremated remains in an existing mausoleum space until the undeveloped mausoleum space is completed, at which time the corporation shall disinter and reinter the human remains or cremated remains at no additional charge; and

(3)

if the corporation does not offer a temporary interment option and the buyer does not accept a replacement mausoleum space or other interment, that the buyer or the buyer’s representative by written notice may cancel the contract and receive a refund of the entire amount paid under the contract for the undeveloped mausoleum space plus, if the corporation established a preconstruction trust, net income earned on that portion of the money deposited in the preconstruction trust, as provided by Section 712.064 (Construction; Default)(b).

(b)

A corporation’s sales contract for undeveloped mausoleum space must comply with applicable regulations of the Federal Trade Commission, including 16 C.F.R. Section 433.2, with respect to a contract payable in installments.

(c)

Required notices to buyers must be written in plain language designed to be easily understood by the average consumer and be printed in an easily readable font and type size.
Added by Acts 2005, 79th Leg., Ch. 345 (S.B. 1173), Sec. 4, eff. September 1, 2005.
Added by Acts 2005, 79th Leg., Ch. 1290 (H.B. 2581), Sec. 4, eff. September 1, 2005.

Source: Section 712.066 — Contract Disclosures, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­712.­htm#712.­066 (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

§ 712.066’s source at texas​.gov