Sec. 712.0033. CERTIFICATE OF AUTHORITY APPLICATION; FEES. (a) To obtain a certificate of authority to operate a perpetual care cemetery, an applicant must, not later than the 30th day after the date a corporation files its certificate of formation or application for registration with the secretary of state:
(1) file an application, made under oath, on a form prescribed by the department; and
(2) pay a filing fee in an amount set by the Finance Commission of Texas under Section 712.008.
(b) If the corporation fails to comply with Subsection (a), the commissioner may instruct the secretary of state to remove the corporation from the secretary's active records or cancel the corporation's registration. On an instruction from the commissioner under this subsection, the secretary of state shall remove the corporation from the secretary's active records or cancel the corporation's registration and serve notice of the cancellation on the corporation by registered or certified letter, addressed to the corporation's address.
(c) A fee or cost paid under this chapter in connection with an application or renewal is not refundable.
Added by Acts 2011, 82nd Leg., R.S., Ch. 532 (H.B. 2495), Sec. 8, eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1336 (S.B. 1167), Sec. 8, eff. September 1, 2011.
Structure Texas Statutes
Title 8 - Death and Disposition of the Body
Subtitle C - Cemeteries and Crematories
Chapter 712 - Perpetual Care Cemeteries
Subchapter A. General Provisions
Section 712.002. Exemptions From Chapter
Section 712.003. Registration Required; Minimum Capital
Section 712.0032. Certificate of Authority Requirement
Section 712.0033. Certificate of Authority Application; Fees
Section 712.0034. Qualifications for Certificate of Authority; Investigation
Section 712.0035. Issuance of Certificate of Authority
Section 712.0036. Term of Certificate of Authority
Section 712.0037. Renewal of Certificate of Authority
Section 712.0038. Transfer or Assignment Prohibited
Section 712.0039. Transfer of Business Ownership; Change of Control
Section 712.00395. Surrender of Certificate of Authority; Fee
Section 712.004. Perpetual Care Trust Fund Required
Section 712.005. Cancellation of Charter for Failure to Begin Operation of Perpetual Care Cemetery