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.