Sec. 154.4061. PATTERN OF WILFUL DISREGARD. (a) If, after a hearing conducted as provided by Chapter 2001, Government Code, the trier of fact finds that a violation of this chapter or a rule of the Finance Commission of Texas establishes a pattern of wilful disregard for the requirements of this chapter or rules of the finance commission, the trier of fact may recommend to the commissioner that the maximum administrative penalty permitted under Section 154.406 be imposed on the person committing the violation or that the commissioner cancel or not renew the person's permit under this chapter.
(b) For the purposes of this section, violations corrected as provided by Section 154.406 may be included in determining whether a pattern of wilful disregard for the requirements of this chapter or rules of the finance commission exists.
Added by Acts 2001, 77th Leg., ch. 699, Sec. 12, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 39 (S.B. 297), Sec. 7, eff. September 1, 2013.
Structure Texas Statutes
Title 3 - Financial Institutions and Businesses
Subtitle E - Other Financial Businesses
Chapter 154 - Prepaid Funeral Services
Subchapter I. Criminal Penalties and Civil Remedies
Section 154.400. Investigation and Subpoena Authority
Section 154.401. Criminal Penalty for Certain Violations of Chapter
Section 154.402. Criminal Penalty Relating to Deposit or Withdrawal of Money
Section 154.403. Criminal Penalty for Failure to File Report
Section 154.404. Criminal Penalty for Failure to Deliver Money to Designated Agent
Section 154.405. Criminal Penalty for Agent's Failure to Deposit Certain Money
Section 154.406. Administrative Penalty
Section 154.4061. Pattern of Wilful Disregard
Section 154.407. Injunctive Relief
Section 154.408. Cease and Desist Order
Section 154.4081. Emergency Order
Section 154.409. Suit by Attorney General
Section 154.410. Quo Warranto Proceedings
Section 154.412. Seizure of Prepaid Funeral Accounts and Records
Section 154.413. Notification of Purchaser
Section 154.415. Prohibition Order
Section 154.416. Application for Release From Prohibition Order