By Dutton H.B. No. 2640
77R5568 GJH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of casket sales.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 651.001, Occupations Code, is amended to
1-5 read as follows:
1-6 Sec. 651.001. DEFINITIONS. In this chapter:
1-7 (1) "Casket" means a rigid container designed for a
1-8 dead human body.
1-9 (2) "Commission" means the Texas Funeral Service
1-10 Commission.
1-11 (3) [(2)] "Embalmer" means a person licensed under
1-12 this chapter who for compensation, wholly or partly, disinfects or
1-13 preserves a dead human body by:
1-14 (A) using chemical substances, fluids, or gases,
1-15 including by introducing those substances, fluids, or gases into
1-16 the body by:
1-17 (i) vascular or hypodermic injection; or
1-18 (ii) direct application into the organs or
1-19 cavities; or
1-20 (B) another method intended to disinfect or
1-21 preserve a dead human body or to restore body tissues and
1-22 structures.
1-23 (4) [(3)] "First call" means the beginning of the
1-24 relationship and duty of a funeral director to take charge of a
2-1 dead human body and have the body prepared for burial or
2-2 disposition by embalming, cremation, or another method. The term
2-3 does not include an ambulance call if the person dispatching the
2-4 ambulance does not know whether a dead human body is to be picked
2-5 up.
2-6 (5) [(4)] "Funeral director" means a person licensed
2-7 under this chapter who engages in for compensation, or represents
2-8 to the public as being engaged in for compensation, the
2-9 preparation, other than by embalming, of a dead human body for
2-10 burial or other disposition.
2-11 (6) [(5)] "Funeral directing" means acts associated
2-12 with or arranging for the disposition of a dead human body,
2-13 performed by a person for compensation, from the time of first call
2-14 until:
2-15 (A) interment or entombment services are
2-16 complete; or
2-17 (B) the body is released:
2-18 (i) for transport to a crematorium; or
2-19 (ii) to a public carrier.
2-20 (7) [(6)] "Funeral establishment" means:
2-21 (A) a place of business used in the care and
2-22 preparation for burial or transportation of a dead human body; or
2-23 (B) any other place in which a person engages
2-24 in, or represents the person to be engaged in, the business of
2-25 embalming or funeral directing.
2-26 (8) [(7)] "Funeral merchandise" means merchandise sold
2-27 primarily for use in:
3-1 (A) a funeral ceremony;
3-2 (B) embalming; or
3-3 (C) the care and preparation of a dead human
3-4 body for burial, cremation, or other disposition.
3-5 (9) [(8)] "Funeral service" means a service performed
3-6 incident to a funeral ceremony or for the care and preparation of a
3-7 dead human body for burial, cremation, or other disposition. The
3-8 term includes embalming.
3-9 (10) [(9)] "Mortuary science" means the scientific,
3-10 professional, and practical aspects, with consideration given to
3-11 accepted practices, of the care, preparation for burial, or
3-12 transportation of a dead human body. The term includes the
3-13 preservation and sanitation of a dead human body and restorative
3-14 art.
3-15 (11) [(10)] "Outer enclosure" means an enclosure or
3-16 container placed in a grave above or around the casket. The term
3-17 includes a burial vault, grave box, or grave liner.
3-18 (12) [(11)] "Prospective customer" means a consumer
3-19 who enters a funeral establishment and inquires about a funeral
3-20 service, cremation, or merchandise.
3-21 (13) [(12)] "Provisional license holder" means a
3-22 person who:
3-23 (A) is engaged in learning the practice of
3-24 funeral directing or embalming under the instruction, direction,
3-25 and personal supervision of a funeral director or embalmer; and
3-26 (B) holds a provisional license issued by the
3-27 commission under this chapter.
4-1 (14) [(13)] "Purchase agreement" means a written
4-2 statement that itemizes the cost of funeral services or merchandise
4-3 selected by a customer from the retail price list.
4-4 (15) [(14)] "Solicitation" means a direct or indirect
4-5 contact by a funeral director, embalmer, or employee, agent, or
4-6 representative of a licensed funeral establishment or any other
4-7 entity with a person near death or the family of, next of kin of,
4-8 or person responsible for making funeral arrangements for a person
4-9 who is deceased or near death, if the contact is not initiated by
4-10 the person near death or the family, next of kin, or person
4-11 responsible for making funeral arrangements and the contact is to
4-12 secure the right to provide funeral services or merchandise or
4-13 occurs in a situation that might influence the contacted person to
4-14 choose a particular funeral establishment. The term does not
4-15 include:
4-16 (A) except in the case of contact with a person
4-17 near death or the person responsible for making funeral
4-18 arrangements for a person near death, an attempt to secure funeral
4-19 business under a permit issued under Chapter 154, Finance Code; or
4-20 (B) any method of advertising by publication or
4-21 broadcasting.
4-22 (16) [(15)] "Unit pricing" means a method of pricing
4-23 that offers a discount to a purchaser who buys various funeral
4-24 services and merchandise as a package.
4-25 SECTION 2. Section 651.251, Occupations Code, is amended by
4-26 adding Subsection (c) to read as follows:
4-27 (c) A person may not sell a casket to another person unless
5-1 the seller is a funeral director who intends to perform funeral
5-2 directing for the human body for which the buyer is purchasing the
5-3 casket.
5-4 SECTION 3. This Act takes effect September 1, 2001, and
5-5 applies only to the sale of a casket on or after that date. The
5-6 sale of a casket before that date is governed by the law in effect
5-7 immediately preceding the effective date of this Act, and the
5-8 former law is continued in effect for that purpose.