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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 81(R)

House Bill 1468

House Author:  Chisum

Effective:  9-1-09

Senate Sponsor:  Deuell


            House Bill 1468 amends the Finance Code to prohibit the purchaser of a trust-funded prepaid funeral benefits contract from being considered in default if the purchaser was unable to pay because of extenuating financial circumstances but has already paid at least 85 percent of the contract price.  The bill also excepts a funeral provider from the requirement to provide merchandise or services under such a contract unless any remaining contract balance is paid or arranged for before the service.

            House Bill 1468 amends the Health and Safety Code to require the Texas Funeral Service Commission to ensure that a casket or container of cremated remains contains identification of the deceased person. The bill exempts certain mausoleums from limitations on where a cemetery may be located, prohibits a cemetery organization from reselling the exclusive right of sepulture in a plot without the reacquisition of such right, and prohibits more than one interment in a plot without owner consent.  The bill includes provisions relating to identification requirements for cremated remains, a person's reasonable right of access to a cemetery, exception to cremation authorization form requirements, and requirements regarding crematories and the disposal and scattering of human remains.

            House Bill 1468 amends the Occupations Code to make several clarifying and technical changes to funeral licensing law and to clarify the commission's authority as it relates to the documentation necessary for a provisional funeral license.  The bill includes provisions relating to license renewal, the reinstatement of a suspended license, reissuance of a revoked license, and perpetual care cemetery registration.