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.

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