78R6917 YDB-D

By:  Giddings                                                     H.B. No. 2805


A BILL TO BE ENTITLED
AN ACT
relating to regulation of casket sales. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subtitle L, Title 3, Occupations Code, is amended by adding Chapter 652 to read as follows:
CHAPTER 652. REGULATION OF CASKET SALES
Sec. 652.001. DEFINITIONS. In this chapter: (1) "Casket retailer" means a person who sells a casket at retail in this state or offers a casket for retail sale in this state. (2) "Commission" means the Texas Funeral Service Commission. (3) "Retail casket establishment" means a place of business or any other place in which a person engages in, or represents the person to be engaged in, the business of retail casket sales. Sec. 652.002. PROHIBITED PRACTICES. (a) A casket retailer may not: (1) represent that the person is a funeral director, embalmer, or other person licensed under Chapter 651 unless the person holds a license under that chapter; (2) provide funeral directing services unless the person holds a funeral director's license under Chapter 651; (3) use false, deceptive, or misleading advertising or use, in connection with an advertisement, the name of a person who is falsely represented to be a licensed funeral director or licensed funeral establishment; (4) solicit business or offer an inducement to secure or attempt to secure business for the casket retailer under a permit issued under Chapter 154, Finance Code; (5) take custody of human remains; or (6) engage in fraudulent, unprofessional, or deceptive conduct in providing funeral merchandise to a customer. (b) A casket retailer may not restrict, hinder, or attempt to restrict or hinder: (1) the advertisement or disclosure of prices and other information regarding the availability of funeral services and funeral merchandise that is not unfair or deceptive to consumers; or (2) an agreement for funeral services between a customer and a licensed funeral director or embalmer. (c) A casket retailer may not use a statement that misleads or deceives the public, including a false or misleading statement regarding: (1) a legal, religious, or cemetery requirement for funeral merchandise or funeral, cemetery, or crematory services; (2) the preservative qualities of funeral merchandise or funeral, cemetery, or crematory services in preventing or substantially delaying the natural decomposition of human remains; (3) the airtight or watertight properties of a casket or outer enclosure; or (4) the licenses or registrations held by the personnel in the operation of a cemetery, crematory, funeral establishment, or retail casket establishment. Sec. 652.003. CASKET DISPLAY. (a) A casket retailer shall provide a display of caskets with sufficient merchandise to allow customers a reasonable selection. (b) A display must include at least five adult caskets, two of which must be full-size. (c) The least expensive casket displayed must be a full-size casket displayed in the same manner as the other full-size caskets are displayed. Sec. 652.004. PUBLIC INTEREST INFORMATION. On written request the commission shall provide to a casket retailer copies of the brochure prepared by the commission under Section 651.201. A casket retailer shall print additional copies of the brochure if the commission is unable to provide a sufficient number of brochures. Sec. 652.005. RETAIL PRICE LIST; PURCHASE AGREEMENT. (a) A casket retailer shall provide: (1) a retail price list to each person who inquires in person about the prices of the goods and services offered by the retailer; and (2) a purchase agreement to each person who purchases goods or services from the retailer. (b) A retail price list must include: (1) the name, address, and telephone number of the retail casket establishment; (2) the effective date of the price list; and (3) the following printed notice: "The goods and services below are those we can legally provide to our customers. You may choose only the items you desire. If you need funeral directing services, please consult a licensed funeral director." (c) A purchase agreement must include: (1) the name, address, and telephone number of the retail casket establishment; (2) the name, mailing address, and telephone number of the consumer protection division of the attorney general's office; (3) a statement informing the person that complaints may be directed to the consumer protection division of the attorney general's office; (4) the signature of the casket retailer; and (5) the following printed notice: "The goods and services listed below are those we can legally provide to our customers. You may choose only the items you desire. If you need funeral directing services, please consult a licensed funeral director." (d) A casket retailer shall provide in a timely manner general information related to the goods and services offered by the retailer and the prices of the goods and services to a person who requests the information by telephone. Sec. 652.006. RECORDS. (a) A casket retailer shall retain copies of all price lists and purchase agreements required by Section 652.005 until the second anniversary of the effective date of a price list or of the date an agreement is signed. (b) A casket retailer shall make the records retained under Subsection (a) available to the attorney general on request. Sec. 652.007. CIVIL PENALTY. (a) A person who violates this chapter is subject to a civil penalty of not more than $1,000 for each violation. (b) The attorney general may bring an action to recover the civil penalty. (c) A penalty recovered under this section shall be deposited to the credit of the general revenue fund. SECTION 2. Section 651.201(a), Occupations Code, is amended to read as follows: (a) The commission shall prepare a brochure with information of public interest: (1) explaining matters relating to funerals; [and] (2) describing: (A) the functions of the commission; and (B) the commission's procedures for filing and resolving a public complaint; and (3) explaining the right of a customer to purchase a casket from a third-party casket retailer without being charged an additional fee by the funeral establishment. SECTION 3. (a) Not later than March 1, 2004, the Texas Funeral Service Commission shall examine the public information brochure provided under Section 651.201, Occupations Code, and develop a new brochure to include the additional information required by Section 651.201(a), Occupations Code, as amended by this Act, and other information the commission considers appropriate. (b) Notwithstanding Section 651.201, Occupations Code, as amended by this Act, a brochure distributed by the Texas Funeral Service Commission, a funeral director, a funeral establishment, a casket retail establishment, or a casket retailer is not required to contain the information required by that section, as amended by this Act, before September 1, 2004. SECTION 4. This Act takes effect September 1, 2003.