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.