1-1 By: Janek (Senate Sponsor - Ellis) H.B. No. 1672
1-2 (In the Senate - Received from the House May 12, 1997;
1-3 May 13, 1997, read first time and referred to Committee on
1-4 Jurisprudence; May 17, 1997, reported favorably by the following
1-5 vote: Yeas 7, Nays 0; May 17, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the requirements of a price list and a memorandum for
1-9 funeral merchandise and services.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subsections S and T, Section 1, Chapter 251, Acts
1-12 of the 53rd Legislature, Regular Session, 1953 (Article 4582b,
1-13 Vernon's Texas Civil Statutes), are amended to read as follows:
1-14 S. "Retail price list" or "general price list" means a
1-15 printed or typewritten list of the retail price of items or
1-16 services provided by the funeral establishment,
1-17 including: (1) transferring the deceased individual to the
1-18 funeral home; (2) embalming; (3) use of funeral establishment
1-19 facilities for viewing the deceased; (4) use of funeral
1-20 establishment facilities for funeral services; (5) use of hearses;
1-21 (6) use of limousines; (7) caskets; (8) outer enclosures; and
1-22 (9) other itemized services provided by the funeral establishment
1-23 staff. The list must contain the name, address, and telephone
1-24 number of the funeral establishment, the effective date for the
1-25 stated prices, and the following printed notice: "The goods and
1-26 services shown below are those we can provide to our customers.
1-27 You may choose only the items you desire. However, any funeral
1-28 arrangements you select will include a charge for our basic
1-29 services and overhead. If legal or other requirements mean you
1-30 must buy any items you did not specifically ask for, we will
1-31 explain the reason in writing on the statement we provide
1-32 describing the funeral goods and services you selected." ["You may
1-33 choose only the items you desire. If you are charged for items you
1-34 did not specifically request, we will explain the reason for the
1-35 charges on the written memorandum. Please note that there may be
1-36 charges for items such as cemetery fees, flowers, and newspaper
1-37 notices."]
1-38 T. "Written memorandum" or "funeral purchase agreement"
1-39 means a written statement that itemizes the cost of funeral
1-40 services or merchandise selected by a customer from the retail
1-41 price list. The memorandum must also state the amount paid or owed
1-42 to another person by the funeral establishment on behalf of the
1-43 customer and each fee charged the customer for the cost of
1-44 advancing funds or becoming indebted to another person on behalf of
1-45 the customer. The memorandum must include the name, address, and
1-46 telephone number of the funeral establishment and the following
1-47 printed notice: "Charges are only for those items that you
1-48 selected or that are required. If we are required by law or by a
1-49 cemetery or crematory to use any items, we will explain the reasons
1-50 in writing below." ["Charges are made only for items that are
1-51 used. If the type of funeral selected requires extra items, we
1-52 will explain the reasons for the extra items in writing on this
1-53 memorandum."] The memorandum must include the name, mailing
1-54 address, and telephone number of the Texas Funeral Service
1-55 Commission, and a statement indicating that complaints may be
1-56 directed to the commission.
1-57 SECTION 2. This Act takes effect September 1, 1997.
1-58 SECTION 3. The importance of this legislation and the
1-59 crowded condition of the calendars in both houses create an
1-60 emergency and an imperative public necessity that the
1-61 constitutional rule requiring bills to be read on three several
1-62 days in each house be suspended, and this rule is hereby suspended.
1-63 * * * * *