Texas Health and Safety Code 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.
Terms Used In Texas Health and Safety Code 712.028
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Property: means real and personal property. See Texas Government Code 311.005
- Statute: A law passed by a legislature.
(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.