Texas § HS.712.0034 - QUALIFICATIONS FOR CERTIFICATE OF AUTHORITY

§ HS.712.0034. QUALIFICATIONS FOR CERTIFICATE OF AUTHORITY

QUALIFICATIONS FOR CERTIFICATE OF AUTHORITY; INVESTIGATION. (a) The commissioner may: (1) investigate an applicant before issuing a certificate of authority; and (2) recover from the applicant reasonable costs the commissioner incurs in the investigation. (b) To qualify for a certificate of authority under this chapter, an applicant must demonstrate to the satisfaction of the commissioner that: (1) the applicant's business ability, experience, character, financial condition, and general fitness warrant the public's confidence; (2) the cemetery operations manager has at least two years of experience in cemetery management; (3) the issuance of the certificate of authority is in the public interest; (4) the applicant, a principal of the applicant, or a person who controls the applicant does not owe the department a delinquent fee, assessment, administrative penalty, or other amount imposed under this chapter or a rule adopted or order issued under this chapter; and (5) the applicant corporation: (A) is in good standing and statutory compliance with this state; (B) is authorized to engage in the perpetual care cemetery business in this state; (C) does not owe any delinquent franchise or other taxes to this state; and (D) wholly owns all land on which the perpetual care cemetery will be located. (c) For purposes of Subsection (b)(5)(D), an applicant corporation is considered to wholly own land regardless of whether the land is subject to a mortgage, deed of trust, or other lien. Added by Acts 2011, 82nd Leg., R.S., Ch. 532 (H.B. 2495 ), Sec. 8, eff. September 1, 2011. Added by Acts 2011, 82nd Leg., R.S., Ch. 1336 (S.B. 1167 ), Sec. 8, eff. September 1, 2011. Amended by: Acts 2017, 85th Leg., R.S., Ch. 71 (S.B. 1402 ), Sec. 2, eff. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 274 (S.B. 1821 ), Sec. 1, eff. September 1, 2019.