By Dutton                                             H.B. No. 2206
         77R5369 JMG-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to prepaid funeral contracts.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Sections 154.151(a) and (b), Finance Code, are
 1-5     amended to read as follows:
 1-6           (a)  The department must approve a standard sales contract
 1-7     form for prepaid funeral benefits [before the form is used].
 1-8           (b)  A sales contract for prepaid funeral benefits must:
 1-9                 (1)  be in writing;
1-10                 (2)  state the name of the funeral provider or other
1-11     person primarily responsible for providing the prepaid funeral
1-12     benefits specified in the contract; [and]
1-13                 (3)  state the details of the prepaid funeral benefits
1-14     to be provided, including a description and specifications of the
1-15     material used in the caskets or grave vaults to be furnished; and
1-16                 (4)  provide for reasonable consumer modification of
1-17     funeral benefits at the time of need without penalty.
1-18           SECTION 2.  Section 154.154, Finance Code, is amended to read
1-19     as follows:
1-20           Sec. 154.154.  [AGREEMENT TO PAY]  FINANCE CHARGE.  A
1-21     purchaser of a prepaid funeral benefits contract may agree in
1-22     writing to pay the seller a finance charge in accordance with
1-23     Chapter 345 only on an amount due the seller for a funeral-related
1-24     product or service delivered at the time of purchase [on the
 2-1     contract].
 2-2           SECTION 3.  Section 154.155, Finance Code, is amended by
 2-3     amending Subsection (e) and adding Subsection (f) to read as
 2-4     follows:
 2-5           (e)  A purchaser who cancels a contract before the 31st day
 2-6     after the date of the contract or on the solicitation of the seller
 2-7     is entitled to withdraw all money paid to the seller and all
 2-8     earnings attributable to that money.  If the money is used to
 2-9     purchase a new prepaid funeral benefits contract under a
2-10     solicitation by the seller, the new contract must protect the
2-11     purchaser to an extent equal to or greater than that provided by
2-12     the original contract, as determined by the department.  Under the
2-13     new contract, the cost to the purchaser of the same or
2-14     substantially the same services or merchandise may not be greater
2-15     than that provided by the canceled contract.
2-16           (f)  Earnings attributable to money paid to a seller do not
2-17     include an amount allowed to be withdrawn under Section 154.261.
2-18           SECTION 4. Subchapter D, Chapter 154, Finance Code, is
2-19     amended by adding Section 154.161 to read as follows:
2-20           Sec. 154.161.  PURCHASER MAY CHANGE FUNERAL PROVIDER. The
2-21     purchaser of a prepaid funeral benefits contract may change the
2-22     funeral provider without penalty.  If the funeral provider before
2-23     the change is also the seller under the contract, the change is
2-24     considered a cancellation of the contract.
2-25           SECTION 5. Section 154.203, Finance Code, is amended by
2-26     adding Subsection (c) to read as follows:
2-27           (c)  An insurance-funded sales contract for prepaid funeral
 3-1     benefits may not provide for premium payments that in the aggregate
 3-2     would exceed the face value of the insurance policy.
 3-3           SECTION 6. Subchapter E, Chapter 154, Finance Code, is
 3-4     amended by adding Section 154.209 to read as follows:
 3-5           Sec. 154.209.  PAYMENT OF BENEFITS. At the time of death, an
 3-6     insurance company shall pay any benefits in excess of the cost of
 3-7     the funeral to the deceased's estate or a named beneficiary other
 3-8     than a seller or funeral provider that is a party to the prepaid
 3-9     funeral benefits contract.
3-10           SECTION 7.  Section 154.156, Finance Code, is repealed.
3-11           SECTION 8.  This Act takes effect September 1, 2001, and
3-12     applies only to a contract entered into on or after September 1,
3-13     2001. A contract entered into before September 1, 2001, is governed
3-14     by the law as it existed immediately before the effective date of
3-15     this Act, and that law is continued in effect for that purpose.