Section 711.038 - Sale of Plots By Cemetery Organizations(a) A cemetery organization may sell and convey the exclusive right of sepulture in a plot: (1) after a map or plat and a certificate or declaration of dedication are filed as provided by Section 711.034;(2) subject to the rules of the cemetery organization and the restrictions in the certificate of ownership or other instrument of conveyance; and(3) after payment in full of the purchase price of the plot.(b) A certificate of ownership or other instrument evidencing the conveyance of the exclusive right of sepulture by a cemetery organization must be signed by the president or vice-president and the secretary or other officers authorized by the cemetery organization.(c) A conveyance of the exclusive right of sepulture must be filed and recorded in the cemetery organization's office.(d) A plot or a part of a plot that is conveyed as a separate plot by a certificate of ownership or other instrument may not be divided without the consent of the cemetery organization.(e) A person is not required to be licensed or registered to sell a plot in a dedicated cemetery.(f) A cemetery organization may not resell the exclusive right of sepulture in a plot unless the exclusive right of sepulture has been reacquired by the cemetery organization. A sanction or other penalty may not be imposed on a cemetery organization that violates this subsection unless: (1) the state agency authorized to enforce this section provides the cemetery organization written notice of the violation; and(2) the cemetery organization does not correct the violation before the 91st day after the date on which the cemetery organization received the notice.Tex. Health and Safety Code § 711.038
Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 20,Sec. 40, eff. 9/1/2019.Amended by Acts 2013, 83rd Leg. - Regular Session, ch. 220,Sec. 4, eff. 9/1/2013.Amended by Acts 2013, 83rd Leg. - Regular Session, ch. 220,Sec. 3, eff. 9/1/2013.Amended By Acts 2009, 81st Leg., R.S., Ch. 263, Sec. 5, eff. 9/1/2009.Amended by Acts 1993, 73rd Leg., ch. 634, Sec. 19, eff. 9/1/1993. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. 9/1/1989.