Texas § HS.712.048 - CRIMINAL PENALTIES
Full text of Texas The Texas Constitution § HS.712.048 — CRIMINAL PENALTIES, with citation guidance and answers to common questions.
§ HS.712.048. CRIMINAL PENALTIES
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. 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. SUBCHAPTER D. SALE OF UNDEVELOPED MAUSOLEUM SPACE
Frequently Asked Questions About Texas § HS.712.048
What does The Texas Constitution § HS.712.048 cover?
Section HS.712.048 ("CRIMINAL PENALTIES") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § HS.712.048?
A common citation format is "The Texas Constitution § HS.712.048" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § HS.712.048 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.