Texas § 712.048 CRIMINAL PENALTIES.

Texas Statutes

§ 712.048 — CRIMINAL PENALTIES.

Texas § 712.048

Code HSHealth and Safety Code

This text of Texas § 712.048 (CRIMINAL PENALTIES.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Health and Safety Code Code Ann. § 712.048 (2026).

Text

Sec. 712.048. CRIMINAL PENALTIES.

(a)A person who is an individual, firm, association, corporation, or municipality, or an officer, agent, or employee of an individual, firm, association, corporation, or municipality, commits an offense if the person sells, offers to sell, or advertises for sale an interment right in a plot and, before a fund is established for the cemetery in which the plot is located as provided by this chapter, represents that the plot is under perpetual care. An offense under this subsection is a Class A misdemeanor. This subsection does not prevent an aggrieved party or the attorney general from maintaining a civil action for the recovery of damages caused by an injury resulting from an offense under this subsection.

(b)A person who is an individual, firm, associati

Free access — add to your briefcase to read the full text and ask questions with AI

Sec. 712.048. CRIMINAL PENALTIES. (a) A person who is an individual, firm, association, corporation, or municipality, or an officer, agent, or employee of an individual, firm, association, corporation, or municipality, commits an offense if the person sells, offers to sell, or advertises for sale an interment right in a plot and, before a fund is established for the cemetery in which the plot is located as provided by this chapter, represents that the plot is under perpetual care. An offense under this subsection is a Class A misdemeanor. This subsection does not prevent an aggrieved party or the attorney general from maintaining a civil action for the recovery of damages caused by an injury resulting from an offense under this subsection.
(b) A person who is an individual, firm, association, corporation, or municipality, or an officer, agent, or employee of an individual, firm, association, corporation, or municipality, commits an offense if the person knowingly defalcates or misappropriates assets of a fund. An offense under this subsection is punishable as if it were an offense under Section 32.45 , Penal Code.
(c) A person commits an offense if the person collects money for the purchase of a memorial, as defined by Section 711.001 , and knowingly defalcates or misappropriates the funds. An offense under this subsection is punishable as if it were an offense under Section 32.45 , Penal Code. This subsection does not prevent an aggrieved party or the attorney general from maintaining a civil action for the recovery of damages, or the commissioner from maintaining an administrative action for restitution, caused by an injury resulting from an offense under this subsection.
SUBCHAPTER D. SALE OF UNDEVELOPED MAUSOLEUM SPACE

Legislative History

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 634, Sec. 46, eff. Sept. 1, 1993. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 532 (H.B. 2495 ), Sec. 14, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 1336 (S.B. 1167 ), Sec. 14, eff. September 1, 2011.