Adopted New 7 TAC §26.6

Title 7. Banking and Securities
Part 2. Texas Department of Banking
Chapter 26. Perpetual Care Cemeteries
7 TAC §26.6

NOTE: This document was submitted to the Texas Register on the date indicated below. This is not the actual publication; the editorial staff of the Texas Register sometimes edits the submission. The Texas Department of Banking therefore does not guarantee the exact accuracy of this document.

Date: October 18, 2013

The Finance Commission of Texas (the commission), on behalf of the Texas Department of Banking (the department), adopts new §26.6, concerning required record for a cremains receptacle, without changes to the proposed text as published in the August 30, 2013, issue of the Texas Register (38 TexReg 5630). The rule will not be republished.

The 83rd Legislature recently enacted Senate Bill 661, which amended Health and Safety Code §711.034 to allow perpetual care cemetery organizations to add or alter cremains receptacles containing no more than four niches on a cemetery plot without the necessity of replatting the property, so long as the cemetery maintains records, as required by rules adopted by the commission. Health and Safety Code §711.034 requires that the cemetery records specify the location of the cremains receptacle and the niches in the receptacle.

New §26.6 describes what must be included in a cremains receptacle map that is used to identify the location of the cremains receptacle and requires the identification of each niche in the cremains receptacle. It also requires the original map to be maintained with the cemetery’s plat maps and a copy to be maintained in the plot owner’s file.

The Department received no comments regarding the proposed new rule.

The new rule is adopted pursuant to Health and Safety Code §711.034(e-1), which authorizes the commission to adopt rules establishing the records that must be maintained to specify the location of a cremains receptacle; and by Health and Safety Code §711.012(a), which states that the commission may adopt rules to enforce and administer §711.034.

§26.6. Required Record for a Cremains Receptacle.

(a)  For purposes of this section, the terms “cremains receptacle,” “plot” and “niche” have the meanings assigned by Health and Safety Code §711.001.

(b)  After a perpetual care cemetery organization has properly dedicated and platted cemetery property, the organization may place a cremains receptacle that contains not more than four niches on a plot after a cremains receptacle map has been created. The cremains receptacle map must:

(1)  be a diagram or drawing of the cremains receptacle as it is to be situated on the plot;

(2)  include a notation of the plot by garden, lot and space the cremains receptacle is to be placed on;

(3)  include a legend indicating the direction of the head of the plot i.e., north, south, east, or west;

(4)  include the approximate dimensions of the cremains receptacle;

(5)  include a unique identifier for each niche (i.e., number or letter);

(6)  include the date the cremains receptacle was placed on the plot;

(7)  include the purchase agreement number of the cremains receptacle; and

(8)  include signature and date lines for approval by cemetery management.

(c)  The original cremains receptacle map must be maintained with the cemetery’s plat maps and be made available at each Department of Banking examination.

(d)  A copy of the cremains receptacle map must be maintained in the plot owner’s file.

(e)  A cumulative register or list of all cremains receptacle maps must be maintained and be made available at each Department of Banking examination. The register must include at a minimum the date of cemetery management approval of the map and the plot location of the cremains receptacle.

Effective date: November 7, 2013, 38 TexReg 7691.