Sec. 712.029. ACCOUNTING FOR AND DEPOSITING AMOUNTS. (a) The part of the purchase price of a plot in a perpetual care cemetery that is to be deposited in a fund must be shown separately on the original purchase agreement from the total purchase price. A copy of the agreement shall be delivered to the purchaser of the plot.
(b) On the sale of a plot, a commission may not be paid to a broker or salesman on the amount to be deposited in the fund.
(c) A corporation shall deposit in its fund the amount required under Section 712.028 not later than the 20th day after the end of the month in which the original purchase agreement has been paid in full. A corporation may prepay funds into its fund at any time and, if a surplus exists in the fund from the prepayments, may credit against the surplus the amounts otherwise required to be deposited in the fund under Section 712.028 until the surplus has been depleted. In determining whether a surplus exists from prepayments, no part of the fund resulting from gifts to the fund under Section 712.030 may be considered.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 220, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 634, Sec. 39, eff. Sept. 1, 1993.
Structure Texas Statutes
Title 8 - Death and Disposition of the Body
Subtitle C - Cemeteries and Crematories
Chapter 712 - Perpetual Care Cemeteries
Subchapter B. Perpetual Care Trust Fund
Section 712.020. Conflict With Other Law
Section 712.021. Establishment and Purposes of Fund
Section 712.022. Operation of Perpetual Care Cemetery
Section 712.023. Validity of Contributions
Section 712.024. Amendment of Trust Instrument
Section 712.025. Use of Fund Distributions
Section 712.0255. Judicial Modification or Termination of Fund
Section 712.026. Suit by Plot Owners to Maintain Perpetual Care
Section 712.027. Investment of Fund
Section 712.028. Amount of Fund Deposits From Sales
Section 712.029. Accounting for and Depositing Amounts
Section 712.030. Use of Gift for Special Care of Plot in Perpetual Care Cemetery