STEP 1: Determine if the Institution is Regulated by the Department of Banking

Please review the following information to determine what agency has regulatory responsibility for your situation. If you determine your complaint is against a supervised entity of the Banking Department, continue to Step 2

Cemeteries - The Banking Department regulates only perpetual care cemeteries. Cemeteries that are owned by municipalities, cities, churches, and other non-profit organizations are generally not supervised by the Banking Department. These cemeteries are under the jurisdiction of the State Health Department but only if the cemetery becomes a health hazard. The Texas Cemetery Association also has its own complaint review committee. The address of the committee is:

Texas Cemeteries Association
P. O. Box 471457
Fort Worth, Texas 76147-1376
(817) 339-8210

Insurance Policies and Products - The Texas Department of Insurance regulates all insurance products. A complaint concerning an insurance policy sold in conjunction with a preneed funeral contract should be sent to their offices. The complaint form found in this web site can be used.

Texas Department of Insurance
333 Guadalupe
P.O. Box 149104
Austin, Texas 78714-9104
Toll Free: (800) 252-3439

Funeral Services or Establishments - The Texas Funeral Service Commission regulates and licenses funeral establishments and funeral directors. This agency is responsible for the funeral home facilities, at-need arrangements, funeral services, and funeral director behavior. The complaint form found in this web site can be used to file a complaint with this agency concerning these type items.

Texas Funeral Service Commission
P.O. Box 12217 
Austin, Texas 78711 
Toll Free: (888) 667-4881

Prepaid Funeral Contract Sellers - Any entity selling prepaid funeral benefit contracts must be licensed by the Banking Department. Any complaints concerning the preneed contract should be directed to our attention.

STEP 2: File a Consumer Complaint

Complete the Special Audits Consumer Complaint Form or draft a letter of complaint. The complaint should include the name and office location of the entity. It should explain the problem in a simple, chronological narrative, making sure to include names and dates. Be specific and as brief as possible. Make legible photocopies of any documentary evidence which supports your claim and include them with the complaint. Do not send originals.

Mail the complaint to:

Texas Department of Banking
Special Audits Division
2601 N. Lamar Blvd.
Austin, Texas 78705-4294

Toll free: (877) 276-5554

or e-mail the appropriate department:
Perpetual Care Cemetery
Prepaid Funeral 

STEP 3: Complaint Resolution

If the matter is in litigation or if a court has made a ruling, the Banking Department will not intervene.

Once your complaint is received, a copy of the complaint and any documentation are sent along with a cover letter from the Special Audits Division to the appropriate contact person for the supervised entity. The Banking Department allows 30 days from the date the complaint is mailed for the entity to respond.

The entity responds directly to the consumer with a copy to the Banking Department. After a response is received, a determination is made if more information is necessary to effectively resolve the complaint. If necessary, we pursue obtaining such from the entity, the consumer, Banking Department personnel, outside resources, etc.

If the review indicates the entity is violating current statutes, written notice is provided to the entity outlining the Banking Department's conclusions along with a request for corrective action. The entity is provided an additional two weeks to provide more information and review further their records and resolve the situation.

Within 10 days of receipt of the entity's response which provides resolution of the situation in the opinion of Banking Department personnel, a letter is sent to the consumer explaining the entity's response. If the consumer is unsatisfied with the resolution, he/she may seek further assistance from the Banking Department or private legal counsel.

If an issue has been raised which may merit follow-up at an examination, the appropriate examiner will be notified.

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