Order No. 2012-027

In The Matter Of:
G.W. Cox Memorial Funeral Home of Del Rio, Ltd.
Del Rio, Texas

Before The Banking Commissioner of Texas
Austin, Travis County, Texas

Agreed Order

On this day, the matter G.W. Cox Memorial Funeral Home of Del Rio, Ltd. (Respondent), was submitted to the Banking Commissioner (Commissioner) of the State of Texas for consideration and action.  This matter concerns the issue of administrative penalties relating to Respondent's violation of Texas law with regard to the sale of prepaid funeral benefits contracts.

  1. Respondent and the Texas Department of Banking (Department) jointly request the Commissioner to dispose of this matter pursuant to the provisions of Government Code § 2001.056 by entering this Agreed Order.  Respondent and the Department stipulate to the facts found by the Commissioner as restated here, and the parties agree to comply with the terms of this Agreed Order.

  2. Respondent acknowledges that the Commissioner has jurisdiction over this matter pursuant to Texas Finance Code Chapter 154 and Texas Government Code §§ 2001.171 et seq., and that the Commissioner has the authority to issue this Agreed Order under Texas Government Code § 2001.056.

  3. Respondent operates a funeral home known as G.W. Cox Memorial Funeral Home, located at 114 Fletcher Drive, Del Rio, Texas.  Respondent does not hold the permit required by Texas Finance Code § 154.101 to sell prepaid funeral contracts (PFCs) in Texas.

  4. On November 13, 2008, Respondent violated Texas Finance Code § 154.101 by selling a PFC without the required permit; Respondent violated Texas Finance Code § 154.203 by failing to forward the funds collected for insurance premiums.  Respondent corrected the violations on June 21, 2012, by issuing a refund to the purchaser of the PFC, and no further restitution is necessary.

  5. Texas Finance Code § 154.406 authorizes the Commissioner to assess administrative penalties in this matter.  The imposition of an administrative penalty against Respondent in the amount of $500.00 is appropriate and reasonable given the nature of the violations cited in Paragraph 4 above. Respondent has agreed to pay an administrative penalty in this amount.

  6. Any violation of this Order could subject Respondent to additional regulatory or enforcement actions.  Nothing in this Order diminishes the regulatory or enforcement powers of the Department, the Commissioner, or the Finance Commission of Texas, or restricts the Department from using the facts of this matter, or other past matters that may come to light in the future, to establish a pattern or practice of repeated violations of law in future proceedings.

  7. Respondent has been notified of its right to a hearing on the matter of administrative penalties under Texas Finance Code § 154.406.

  8. For purposes of this proceeding, Respondent knowingly and voluntarily waives:

    1. Service upon Respondent of this Agreed Order;

    2. Notice and hearing prior to imposition of an administrative penalty;

    3. Review of this Agreed Order by the Texas Finance Commission, and judicial review of this Agreed Order as provided by Texas Government Code §§ 2001.171 et seq., and any other challenge to the validity of this Order.

  9. Respondent and the Department agree to the factual findings, legal conclusions, and terms and conditions of this Agreed Order.

Order

WHEREFORE, based on the foregoing, the Commissioner ORDERS that this matter is resolved in accordance with the following terms:

  1. Respondent affirms that the illegal contract described in Paragraph 4 above is the only PFC that Respondent has sold.  Respondent shall sell no future PFCs without first obtaining the required permit.  Respondent shall not engage in any other activities that violate Texas Finance Code Chapter 154.

  2. Respondent and the Department agree that an administrative penalty of $500.00 is appropriate, given the violations described in Paragraph 4.  The administrative penalty of $500.00 shall be payable to the Department on or before the effective date of this Order.

  3. This Order is effective on the date signed by the Commissioner.

Signed this 28th day of August, 2012.

/s/ Charles G. Cooper            
Charles G. Cooper
Texas Banking Commissioner

AGREED AND APPROVED AS TO FORM AND SUBSTANCE:

/s/ Judy Cox                                                             August 24, 2012  
Judy Cox                                                                  Date
G.W. Cox Memorial Funeral Home
 

State of Texas                      (
                                             (
County of Val Verde             (

Sworn to and subscribed before me on the 24th day of August, 2012, by Judy Cox.

/s/ Vincente Flores, Jr.              
Notary Public’s signature

APPROVED AS TO FORM:

/s/ Daniel Wood                                                      August 21, 2012  
Daniel Wood                                                           Date
Assistant General Counsel
Texas Department of Banking