81st Texas Legislature, Regular Session, House Bill 3762, Chapter 1190 Page: 2 of 35
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H.B. No. 3762
1 read as follows:
2 Sec. 154.053. RECORDS; EXAMINATION. (a) A permit holder
3 sellerr ] that has outstanding contracts for prepaid funeral
4 benefits shall maintain records as [in- thi state a.n :er ]
5 required by rule of the commission.
6 (b) The [the] department shall examine the records of each
7 permit holder at least once every 18-month period, except that the
8 department may examine a permit holder more frequently if:
9 (1) the permit holder:
10 (A) has received a uniform risk rating, under
11 standards adopted by rule of the commission, that is less than
12 satisfactory as a result of the permit holder's most recent
13 examination; or
14 (B) is subject to a formal enforcement proceeding
15 or order by the commissioner; or
16 (2) the commissioner determines in the exercise of
17 discretion that additional examination is necessary to safeguard
18 the interests of purchasers and beneficiaries and to efficiently
19 enforce applicable law.
20 (c) The department may defer an examination under this
21 section for not more than six months if the commissioner determines
22 that deferment of the examination is necessary for the efficient
23 enforcement of applicable law.
24 (d) Any record may be maintained and provided for
25 examination in electronic format if the record is reliable and can
26 be retrieved in a timely manner.
27 (e) The department, in consultation with the advisory
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Texas. Legislature. House of Representatives. 81st Texas Legislature, Regular Session, House Bill 3762, Chapter 1190, legislative document, June 19, 2009; [Austin, Texas]. (https://texashistory.unt.edu/ark:/67531/metapth148770/m1/2/: accessed May 1, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.