Sec. 154.414. LIQUIDATION OF BUSINESS AND AFFAIRS OF PERSON FOLLOWING SEIZURE OF MONEY AND RECORDS. After an order issued under Section 154.412(a) becomes final and unappealable, the commissioner may petition a district court in Travis County or in the county in which a person required to hold a permit under this chapter resides to request the issuance of an order to show cause why the business and affairs of that person should not be liquidated and a receiver appointed by the court for that purpose if:
(1) the person:
(A) failed to deposit money in accordance with Subchapter F;
(B) misappropriated, converted, or illegally withheld or failed or refused to pay on demand money entrusted to that person that belongs to the beneficiary under a prepaid funeral benefits contract; or
(C) allowed the person's permit to lapse or had the permit revoked under this chapter and did not make adequate provision for the administration of the money deposited with the person for prepaid funeral benefits contracts in accordance with the contract and applicable law, including rules; and
(2) the person failed or refused to correct the violation before the 31st day after the date the person received written notice from the commissioner.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 39 (S.B. 297), Sec. 12, 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