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.