Sec. 154.408. CEASE AND DESIST ORDER. (a) The commissioner may issue a cease and desist order to a person if the commissioner finds by examination or other credible evidence that the person has violated a law of this state relating to the sale of prepaid funeral benefits, including a violation of this chapter or a final order of the commissioner or rule of the commission.
(b) The order must state:
(1) with reasonable certainty the grounds for the order; and
(2) the effective date of the order.
(c) The order shall be served on the person named in the order by certified mail, return receipt requested, to the last known address of the person.
(d) Except as provided by Section 154.4081, the order takes effect as proposed, except that the order may not take effect before the 16th day after the date the order is mailed unless the person named in the order requests a hearing not later than the 15th day after the date the order is mailed.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 867, Sec. 84, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1190 (H.B. 3762), Sec. 30, eff. September 1, 2009.
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