Texas Health and Safety Code 711.0381 – Sale or Resale of Plots by Certain Persons
(a) Repealed by Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 47(7), eff. September 1, 2019.
(b) Resale of the exclusive right of sepulture in a plot is subject to the rules of the cemetery organization and any restrictions in the certificate of ownership, quitclaim agreement, or other instrument of conveyance. A quitclaim agreement or other instrument evidencing the conveyance of the exclusive right of sepulture must be:
(1) in a form authorized by or otherwise acceptable to the cemetery organization, subject to Subsection (c);
(2) signed by:
(A) the grantee named in the certificate of ownership or other instrument of conveyance as filed and recorded in the cemetery organization’s office in accordance with § 711.038 or 711.039(g)(2), as the seller or transferor;
(B) the designated purchaser or transferee; and
(C) each cemetery broker or other agent assisting in the transfer of the interment rights; and
(3) filed and recorded with the cemetery organization not later than the third business day after the date of the sale.
Terms Used In Texas Health and Safety Code 711.0381
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) On request of a person acting as a cemetery broker, a cemetery organization shall provide its rules, conveyance forms, and written guidelines and procedures for brokered sales, if any.
(d) The resale of the exclusive right of sepulture in a group of interment rights that were conveyed collectively may not be divided without the consent of the cemetery organization.
(e) A person acting as a cemetery broker that sells or resells the right of sepulture in a plot shall collect and remit to the cemetery organization:
(1) all fees required by law; and
(2) any other fee required by the rules of the cemetery organization, subject to Subsection (f).
(f) A fee required by a rule of the cemetery organization for the sale or resale of the right of sepulture in a plot under this section may not exceed the fee charged by the cemetery organization on the sale of the right of sepulture in a plot under § 711.038.
(g) A person acting as a cemetery broker must keep a record of each sale or resale under this section. The record must include:
(1) the name and address of the purchaser;
(2) the date of the purchase;
(3) a copy of the purchase agreement, with the name and address of the cemetery;
(4) a specific description of the interment rights;
(5) the purchase price;
(6) the amount of fees collected and remitted in accordance with Subsection (e); and
(7) information on the disposal of the purchase agreement, including whether the agreement was conveyed, canceled, or voided.