Sec. 712.0442. 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 712.0441 be imposed on the person committing the violation or that the commissioner cancel or not renew the corporation's certificate of authority under this chapter if the person holds such a certificate.
(b) For the purposes of this section, violations corrected as provided by Section 712.0441 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. 18, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 532 (H.B. 2495), Sec. 12, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1336 (S.B. 1167), Sec. 12, 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 C. Regulation and Enforcement
Section 712.041. Annual Statement of Funds
Section 712.043. Additional Fund Report
Section 712.0435. Investigations
Section 712.044. Examination of Records; Examination Fees and Expenses
Section 712.0442. Pattern of Wilful Disregard
Section 712.0443. Cease and Desist Order
Section 712.0444. Emergency Order
Section 712.0445. Receivership Proceedings
Section 712.045. Revocation or Suspension of Certificate of Authority