SECTION 26.11. How Do I Provide Information to Consumers on How to File a Complaint?

(a) Definitions.

(1) "Consumer" means a person who obtains or has obtained interment rights, merchandise or services from you under an agreement that provides for perpetual care. For purposes of §26.12 of this title (relating to What must I do If I Receive a Written Consumer Complaint?), the term includes:

(A) a person authorized under the terms of the agreement to act in connection with the agreement; and

(B) if the person for whom such interment rights, merchandise or services have been obtained is deceased, any person listed in Health and Safety Code, §711.002(a).

(2) "Privacy notice" means any notice which you give regarding a consumer's right to privacy as required by a specific state or federal law.

(3) "Required notice" means a notice in a form set forth or provided for in subsection (b)(1) of this section.

(4) "You" or "I" means a perpetual care cemetery that is certificated by the Texas Department of Banking under the Health and Safety Code.

(b) How do I provide notice of how to file complaints?

(1) You must use the following notice in order to let your consumers know how to file complaints: Complaints concerning perpetual care cemeteries should be directed to: Texas Department of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705; 1-877-276-5554 (toll free); www.dob.texas.gov.

(2) You must provide the required notice in the language in which a transaction is conducted.

(3) You must include the required notice with each privacy notice that you send out. The language and form of the notice must substantially conform to the required notice set out in paragraph (1) of this subsection.

(4) Regardless of whether you are required by any state or federal law to give privacy notices, you must take appropriate steps to let your consumers know how to file complaints by giving them the required notice in compliance with paragraph (1) of this subsection.

(5) You must use the following measures to give the required notice:

(A) You must give the required notice when the consumer first obtains a product or service from you by including the required notice in the perpetual care cemetery purchase agreement.

(B) Those portions of your website that offer or promote consumer goods and services must contain access to the required notice. The language and form of the notice must substantially conform to the required notice set out in paragraph (1) of this subsection.

Source Note: The provisions of this §26.11 adopted to be effective January 3, 2002, 26 TexReg 10852; amended to be effective May 21, 2002, 27 TexReg 4328; amended to be effective March 11, 2004, 29 TexReg 2302; amended to be effective November 4, 2010, 35 TexReg 9697; amended to be effective January 3, 2019, 43 TexReg 8583; amended to be effective January 8, 2023, 47 TexReg 8981