Texas § 712.028 AMOUNT OF FUND DEPOSITS FROM SALES.

Texas Statutes

§ 712.028 — AMOUNT OF FUND DEPOSITS FROM SALES.

Texas § 712.028

Code HSHealth and Safety Code

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Bluebook

Tex. Health and Safety Code Code Ann. § 712.028 (2026).

Text

Sec. 712.028. AMOUNT OF FUND DEPOSITS FROM SALES.

(a)A corporation shall deposit in its fund an amount that is at least:

(1)the greater of:

(A)$1.75 a square foot of ground area conveyed as perpetual care property; or

(B)15 percent of the total purchase price of that ground area;

(2)the greater of:

(A)$105 for each crypt interment right for mausoleum interment or lawn crypt interment conveyed as perpetual care property, or $60 for each crypt interment right if that crypt is accessible only through another crypt; or

(B)seven percent of the total purchase price of that crypt interment right; and

(3)the greater of:

(A)$35 for each niche interment right for columbarium interment conveyed; or

(B)15 percent of the total purchase price of that niche interment right.

(b)Subsection (a) d

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Sec. 712.028. AMOUNT OF FUND DEPOSITS FROM SALES. (a) A corporation shall deposit in its fund an amount that is at least:
(1) the greater of:
(A) $1.75 a square foot of ground area conveyed as perpetual care property; or
(B) 15 percent of the total purchase price of that ground area;
(2) the greater of:
(A) $105 for each crypt interment right for mausoleum interment or lawn crypt interment conveyed as perpetual care property, or $60 for each crypt interment right if that crypt is accessible only through another crypt; or
(B) seven percent of the total purchase price of that crypt interment right; and
(3) the greater of:
(A) $35 for each niche interment right for columbarium interment conveyed; or
(B) 15 percent of the total purchase price of that niche interment right.
(b) Subsection (a) does not apply to deposits from sales required to be made by a corporation in its fund before September 1, 1993, under a corresponding statute in effect before that date.
(c) If a plot owner exchanges a plot for another plot in a corporation's perpetual care cemetery, the amount to be deposited in the corporation's fund in respect of the plot received by the plot owner in the exchange may be reduced by the amount deposited in the fund in respect of the plot contributed by the plot owner in the exchange. The amount required to be deposited with respect to an exchanged plot is the amount required at the time the plot owner originally contracted to purchase the plot.

Legislative History

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 219, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 634, Sec. 38, eff. Sept. 1, 1993; Acts 2003, 78th Leg., ch. 562, Sec. 39, eff. Sept. 1, 2003.