SECTION 26.6. Required Record for a Cremains Receptacle

(a) For purposes of this section, the terms "cremains receptacle," "plot" and "niche" have the meanings assigned by Health and Safety Code, §711.001.

(b) After a perpetual care cemetery organization has properly dedicated and platted cemetery property, the organization may place a cremains receptacle that contains not more than four niches on a plot after a cremains receptacle map has been created. The cremains receptacle map must:

(1) be a diagram or drawing of the cremains receptacle as it is to be situated on the plot;

(2) include a notation of the plot by garden, lot and space the cremains receptacle is to be placed on;

(3) include a legend indicating the direction of the head of the plot i.e., north, south, east, or west;

(4) include the approximate dimensions of the cremains receptacle;

(5) include a unique identifier for each niche (i.e., number or letter);

(6) include the date the cremains receptacle was placed on the plot;

(7) include the purchase agreement number of the cremains receptacle; and

(8) include signature and date lines for approval by cemetery management.

(c) The original cremains receptacle map must be maintained with the cemetery's plat maps and be made available at each Department of Banking examination.

(d) A copy of the cremains receptacle map must be maintained in the plot owner's file.

(e) A cumulative register or list of all cremains receptacle maps must be maintained and be made available at each Department of Banking examination. The register must include at a minimum the date of cemetery management approval of the map and the plot location of the cremains receptacle.

Source Note: The provisions of this §26.6 adopted to be effective November 7, 2013, 38 TexReg 7691; amended to be effective January 8, 2023, 47 TexReg 8981