1. (a) Definitions

   1. (1) "Consumer" means an individual who obtains or has obtained a product or service from you that is to be used primarily for personal, family, or household purposes.
   2. (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. (3) "Required notice" means a notice in a form set forth or provided for in subsection (b)(1) of this section.
   4. (4) "You" or "I" means a perpetual care cemetery that is certificated by the Texas Department of Banking under the Finance Code.

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

   1. (1) You must use the following notice in order to let your consumers know how to file complaints: The (your name) is certificated under the laws of the State of Texas and by state law is subject to regulatory oversight by the Texas Department of Banking. Any consumer wishing to file a complaint against the (your name) should contact the Texas Department of Banking through one of the means indicated below: In Person or U.S. Mail: 2601 North Lamar Boulevard, Suite 300, Austin, Texas 78705-4294 Telephone No.: 877/276-5554 Fax No.: 512/475-1288 Website: www.banking.state.tx.us
   2. (2) You must provide the required notice in the language in which a transaction is conducted.
   3. (3) You must include the required notice with each privacy notice that you send out.
   4. (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. (5) You must use the following measures to give the required notice:

      1. (A) For consumers who are not given privacy notices, you must give the required notice when the consumer first obtains a product or service from you. This may be accomplished by including the required notice in a purchase agreement.
      2. (B) Those portions of your website that offer consumer goods and services must contain access to the required notice.

Source Note:The provisions of this §26.11 adopted to be effective January 3, 2002, 26 TexReg 10852.