Sec. 154.356. ASSESSMENT ON OUTSTANDING TRUST-FUNDED CONTRACTS TO PAY CLAIMS. (a) To pay a claim against the fund when the balance of the trust-funded contract account is insufficient to pay that claim, the advisory council may assess each permit holder that has outstanding trust-funded contracts an amount based on the permit holder's proportionate share of the purchasers' deposits on all outstanding trust-funded contracts determined as of the end of the preceding calendar year.
(b) The assessments shall be deposited in the trust-funded contract account within the fund and administered by the department and the advisory council in accordance with commission rules.
(c) An assessment made under this section is in addition to any assessment required by Section 154.352.
(d) A seller whose permit is revoked or surrendered remains liable for any unpaid assessment made before the date of the revocation or surrender.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 867, Sec. 81, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1190 (H.B. 3762), Sec. 27, eff. September 1, 2009.
Structure Texas Statutes
Title 3 - Financial Institutions and Businesses
Subtitle E - Other Financial Businesses
Chapter 154 - Prepaid Funeral Services
Section 154.351. Maintenance of Guaranty Fund
Section 154.352. Assessment on Sales Contracts
Section 154.3525. Assessment on Insurance-Funded Contracts
Section 154.353. Deposit of Fund or Portion of Fund
Section 154.354. Use of Fund Earnings
Section 154.355. Advisory Council
Section 154.3551. Limit on Liability
Section 154.356. Assessment on Outstanding Trust-Funded Contracts to Pay Claims
Section 154.3565. Assessment on Outstanding Insurance-Funded Contracts to Pay Claims
Section 154.357. Claim Against Seller, Funeral Provider, or Depository
Section 154.358. Claims Against Fund
Section 154.359. Permissible Uses of Fund