Amend CSSB 314 by adding the following appropriately numbered
SECTIONS to the bill and renumbering SECTIONS appropriately:
      SECTION ___.  Subchapter D, Chapter 154, Finance Code, is
amended by adding Section 154.1551 to read as follows:
      Sec. 154.1551.  MODIFICATION AT TIME OF FUNERAL. (a)  The
funeral merchandise and services to be provided by the seller under
a fully paid prepaid funeral benefits contract may be modified
after the death of the beneficiary if the modification complies
with Subsection (b) or is otherwise agreed to in a writing signed
by the seller and the person charged with the disposition of the
beneficiary's remains by Section 711.002(a), Health and Safety
Code, except that:
            (1)  if the purchaser of the contract is also the
beneficiary:
                  (A)  the contracted funeral merchandise and
services may not be modified if the contract contains a clause that
prohibits modification; and
                  (B)  a modification may not change the type of
disposition specified by the purchaser in the contract, whether by
burial, cremation, or another alternative by which the purchaser's
remains attain their final resting place, as provided by Section
711.002(g), Health and Safety Code; and
            (2)  the value attributed to any contracted funeral
merchandise or service that is surrendered or exchanged in a
modification must be computed on a comparable time-price basis with
the price charged for substituted funeral merchandise or service
provided as part of the modification.
      (b)  The person charged with the disposition of the
beneficiary's remains by Section 711.002(a), Health and Safety
Code, may make reasonable modifications to the funeral merchandise
and services provided under a prepaid funeral contract at the time
the funeral is performed, not to exceed 10 percent of the original
purchase price of the contract.  This subsection does not require
the seller to:
            (1)  refund a portion of the funds attributable to the
contract if the seller grants credit for surrender or exchange as
provided by Subsection (a)(2);
            (2)  provide substituted or additional funeral
merchandise or services in excess of credits granted under
Subsection (a)(2) unless the seller receives additional
compensation at current prices; or
            (3)  apply a portion of the funds attributable to the
contract or credits granted under Subsection (a)(2) to another
contract or funeral.
      (c)  The person charged with the disposition of the
beneficiary's remains by Section 711.002(a), Health and Safety
Code, may not modify a prepaid funeral benefits contract that has
not been fully paid at the time of death of the beneficiary except
as agreed to in a writing signed by the seller and the person.
      SECTION __. Section 154.156, Finance Code, is amended to read
as follows:
      Sec. 154.156. WAIVER OF RIGHT OF CANCELLATION. (a)  The
purchaser of a prepaid funeral benefits contract may irrevocably
waive the purchaser's right to cancel the contract under Section
154.155.  The waiver must <may be a part of the contract or> be in
a separate writing signed by the purchaser and the seller not
earlier than the 15th day after the date of the purchase of the
contract. The form of the waiver must comply with the requirements
for the form of a sales contract under Section 154.151.
      (b)  A waiver made under this section does not affect:
            (1)  a right the purchaser has under the contract to
change the beneficiary of the contract;
            (2)  the purchaser's right to cancel the contract under
Section 154.413;  <or>
            (3)  an abandonment of the money paid by the purchaser
under the contract as provided by Subchapter G; or
            (4)  a modification to the contract as provided by
Section 154.1551.