SRC-JBJ H.B. 2255 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2255
By: Swinford (Duncan)
Administration
5/11/1999
Engrossed


DIGEST 

Currently, funeral homes are regulated by the Texas Funeral Service
Commission.  However, cemeteries and funeral product supplies are not
regulated.  While funeral homes must disclose material, workmanship, and
structural integrity of caskets, discount suppliers do not operate under
such requirements.  Because of this discrepancy, discount casket suppliers
and cemeteries can sell caskets to the public without full disclosure of
prices or quality, while funeral homes offering the same products must have
a price listing of all available caskets, keep at least five caskets on
display, and include the three least expensive models in the display.  H.B.
2255 would bring the entire funeral industry under the same codes and
licensing authority, and would require the least expensive casket to be
displayed in the same manner as the majority of the other caskets. 

PURPOSE

As proposed, H.B. 2255 expands certain regulations of the sale of certain
items used in funerals. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Funeral Services Commission in
SECTION 2 (Section 4(K), Article 4585b, V.T.C.S.) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subsection C, Section 4, Article 4582b, V.T.C.S., to
require each funeral establishment to have a physical plant, equipment, and
personnel consisting of a display containing sufficient merchandise to
permit reasonable selection, including five or more adult caskets, two of
which must be full-size, with the least expensive casket being a full-size
casket displayed in the same general manner as certain other full-sized
caskets.  Deletes text requiring the caskets offered for sale to be visibly
displayed. 

SECTION 2.  Amends Section 4, Article 4582b, V.T.C.S., by adding Subsection
K, to provide that a person or business that sells funeral merchandise or
caskets to the public to be subject to the provisions of this section
relating to the sale to the public of funeral merchandise or caskets.
Requires the Texas Funeral Service Commission to adopt rules as necessary
to implement the subsection. 

SECTION 3.Effective date: September 1, 1999.

SECTION 4.Emergency clause.