1-1 AN ACT
1-2 relating to the requirements of a price list and a memorandum for
1-3 funeral merchandise and services.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsections S and T, Section 1, Chapter 251, Acts
1-6 of the 53rd Legislature, Regular Session, 1953 (Article 4582b,
1-7 Vernon's Texas Civil Statutes), are amended to read as follows:
1-8 S. "Retail price list" or "general price list" means a
1-9 printed or typewritten list of the retail price of items or
1-10 services provided by the funeral establishment,
1-11 including: (1) transferring the deceased individual to the
1-12 funeral home; (2) embalming; (3) use of funeral establishment
1-13 facilities for viewing the deceased; (4) use of funeral
1-14 establishment facilities for funeral services; (5) use of hearses;
1-15 (6) use of limousines; (7) caskets; (8) outer enclosures; and
1-16 (9) other itemized services provided by the funeral establishment
1-17 staff. The list must contain the name, address, and telephone
1-18 number of the funeral establishment, the effective date for the
1-19 stated prices, and the following printed notice: "The goods and
1-20 services shown below are those we can provide to our customers.
1-21 You may choose only the items you desire. However, any funeral
1-22 arrangements you select will include a charge for our basic
1-23 services and overhead. If legal or other requirements mean you
1-24 must buy any items you did not specifically ask for, we will
2-1 explain the reason in writing on the statement we provide
2-2 describing the funeral goods and services you selected." ["You may
2-3 choose only the items you desire. If you are charged for items you
2-4 did not specifically request, we will explain the reason for the
2-5 charges on the written memorandum. Please note that there may be
2-6 charges for items such as cemetery fees, flowers, and newspaper
2-7 notices."]
2-8 T. "Written memorandum" or "funeral purchase agreement"
2-9 means a written statement that itemizes the cost of funeral
2-10 services or merchandise selected by a customer from the retail
2-11 price list. The memorandum must also state the amount paid or owed
2-12 to another person by the funeral establishment on behalf of the
2-13 customer and each fee charged the customer for the cost of
2-14 advancing funds or becoming indebted to another person on behalf of
2-15 the customer. The memorandum must include the name, address, and
2-16 telephone number of the funeral establishment and the following
2-17 printed notice: "Charges are only for those items that you
2-18 selected or that are required. If we are required by law or by a
2-19 cemetery or crematory to use any items, we will explain the reasons
2-20 in writing below." ["Charges are made only for items that are
2-21 used. If the type of funeral selected requires extra items, we
2-22 will explain the reasons for the extra items in writing on this
2-23 memorandum."] The memorandum must include the name, mailing
2-24 address, and telephone number of the Texas Funeral Service
2-25 Commission, and a statement indicating that complaints may be
2-26 directed to the commission.
2-27 SECTION 2. This Act takes effect September 1, 1997.
3-1 SECTION 3. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1672 was passed by the House on May
10, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1672 was passed by the Senate on May
26, 1997, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor