By Janek                                              H.B. No. 1672

         75R6323 LJR-D                           

                                A BILL TO BE ENTITLED

 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 and [,] the effective date for

1-19     the stated prices. [, and the following printed notice:   "You may

1-20     choose only the items you desire.  If you are charged for items you

1-21     did not specifically request, we will explain the reason for the

1-22     charges on the written memorandum.  Please note that there may be

1-23     charges for items such as cemetery fees, flowers, and newspaper

1-24     notices."]

 2-1           T.  "Written memorandum" or "funeral purchase agreement"

 2-2     means a written statement that itemizes the cost of funeral

 2-3     services or merchandise selected by a customer from the retail

 2-4     price list.  The memorandum must also state the amount paid or owed

 2-5     to another person by the funeral establishment on behalf of the

 2-6     customer and each fee charged the customer for the cost of

 2-7     advancing funds or becoming indebted to another person on behalf of

 2-8     the customer.  The memorandum must include the name, address, and

 2-9     telephone number of the funeral establishment, [and the following

2-10     printed notice:  "Charges are made only for items that are used.

2-11     If the type of funeral selected requires extra items, we will

2-12     explain the reasons for the extra items in writing on this

2-13     memorandum." The memorandum must include] the name, mailing

2-14     address, and telephone number of the Texas Funeral Service

2-15     Commission, and a statement indicating that complaints may be

2-16     directed to the commission.

2-17           SECTION 2.  This Act takes effect September 1, 1997.

2-18           SECTION 3.  The importance of this legislation and the

2-19     crowded condition of the calendars in both houses create an

2-20     emergency and an imperative public necessity that the

2-21     constitutional rule requiring bills to be read on three several

2-22     days in each house be suspended, and this rule is hereby suspended.