By Whitmire S.B. No. 485
76R4637 WP-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the definition of prepaid funeral benefits.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 154.002, Finance Code, is amended by
1-5 amending Subdivisions (8) and (11) to read as follows:
1-6 (8) "Prepaid funeral benefits" means prearranged or
1-7 prepaid funeral or cemetery services or funeral merchandise,
1-8 including an alternative container, casket, or outer burial
1-9 container. The term does not include a floral arrangement that is
1-10 sold on a prepaid basis by a vendor who is not a permit holder
1-11 under this chapter or a grave, marker, monument, tombstone, crypt,
1-12 niche, plot, or lawn crypt unless it is sold in contemplation of
1-13 trade for a funeral service or funeral merchandise to which this
1-14 chapter applies.
1-15 (11) "Funeral merchandise" or "merchandise" means
1-16 goods sold or offered for sale on a preneed basis directly to the
1-17 public for use in connection with funeral services. The term does
1-18 not include a floral arrangement that is sold on a prepaid basis
1-19 by a vendor who is not a permit holder under this chapter.
1-20 SECTION 2. (a) In accordance with Section 311.031(c),
1-21 Government Code, which gives effect to a substantive amendment
1-22 enacted by the same legislature that codifies the amended statute,
1-23 the text of Section 154.002, Finance Code, as set out in this Act,
1-24 gives effect to changes made by Chapter 1389, Acts of the 75th
2-1 Legislature, Regular Session, 1997.
2-2 (b) To the extent of any conflict, this Act prevails over
2-3 another Act of the 76th Legislature, Regular Session, 1999,
2-4 relating to nonsubstantive additions and corrections in enacted
2-5 codes.
2-6 SECTION 3. The importance of this legislation and the
2-7 crowded condition of the calendars in both houses create an
2-8 emergency and an imperative public necessity that the
2-9 constitutional rule requiring bills to be read on three several
2-10 days in each house be suspended, and this rule is hereby suspended,
2-11 and that this Act take effect and be in force from and after its
2-12 passage, and it is so enacted.