Texas Administrative Code
Title 22 - EXAMINING BOARDS
Part 10 - TEXAS FUNERAL SERVICE COMMISSION
Chapter 203 - LICENSING AND ENFORCEMENT-SPECIFIC SUBSTANTIVE RULES
Subchapter C - ENFORCEMENT
Section 203.46 - Price Disclosure
Universal Citation: 22 TX Admin Code ยง 203.46
Current through Reg. 49, No. 38; September 20, 2024
(a) In selling or offering to sell funeral goods or funeral services to the public it is an unfair or deceptive act or practice for a funeral provider to fail to furnish accurate price information disclosing the cost to the purchaser or prospective customer for each of the specific funeral goods and funeral services used in connection with the disposition of deceased human bodies. Such price information must include at least the price of embalming, transportation of remains, use of facilities, caskets, outer burial containers, urns, immediate burials, or direct cremations. Any funeral provider who complies with the preventive requirements in subsection (b) of this section is not engaged in the unfair or deceptive acts or practices defined here.
(b) To prevent these unfair or deceptive acts or practices, as well as the unfair or deceptive acts or practices defined in § 203.49(b)(1) of this title, funeral providers must:
(1) Telephone price disclosure. Tell persons
who ask by telephone about the funeral provider's offerings or prices any
accurate information from the price lists described in paragraphs (2) - (5) of
this subsection and any other readily available information that reasonably
answers the question.
(2) Casket
price list.
(A) Give a printed or typewritten
price list to people who inquire in person about the offerings or prices of
caskets or alternative containers. The funeral provider must offer the list
upon beginning discussion of, but in any event before showing caskets. In lieu
of a written list, other formats, such as notebooks, brochures, or charts may
be used if they contain the same information as would the printed or
typewritten list, and display it in a clear and conspicuous manner. Provided,
however, that funeral providers do not have to make a casket price list
available if the funeral providers place on the general price list, specified
in paragraph (5) of this subsection, the information required by this
subsection.
(B) The list must
contain the effective date and the retail prices of all caskets and alternative
containers offered which do not require special ordering, and must include, at
a minimum, the following specifications:
(i)
The type of material that is predominately used in the construction of the
merchandise, i.e.:
(I) steel, identified as
stainless or by gauge, e.g., 18 gauge;
(II) wood, identified by type, e.g., pecan or
cherry;
(III) bronze, described by
weight, e.g., 32 oz.;
(IV) copper,
described by weight, e.g., 32 oz.; or
(V) other specifically named material, e.g.,
such as cardboard or corrugated wood;
(ii) The type of sealing feature, e.g.,
sealer, non-sealer, gasketed, or non-gasketed, if specified on the funeral
provider's general price list; and
(iii) The material lining the interior of the
casket, e.g., crepe, velvet, satin, twill or silk.
(C) Place on the list, however produced, the
name of the funeral provider's place of business and a caption describing the
list as a "casket price list."
(3) Outer burial container price list.
(A) Give a printed or typewritten price list
to persons who inquire in person about outer burial container offerings or
prices. The funeral provider must offer the list upon beginning discussion of,
but in any event before showing the containers. The list must contain at least
the retail prices of all outer burial containers offered which do not require
special ordering, enough information to identify each container, and the
effective date for the prices listed. In lieu of a written list, the funeral
provider may use other formats, such as notebooks, brochures, or charts, if
they contain the same information as the printed or typewritten list, and
display it in a clear and conspicuous manner. Provided, however, that funeral
providers do not have to make an outer burial container price list available if
the funeral providers place on the general price list, specified in paragraph
(5) of this subsection, the information required by this subsection. The
description of an outer burial container under this section must, at a minimum,
include the following specifications:
(i) The
type of material that is predominantly used in the construction of the
merchandise, i.e.:
(I) concrete, specifying
type of construction, e.g., liner, box, or vault;
(II) steel, identified as stainless or by
gauge, e.g., 12 gauge (or described as galvanized of a particular
gauge);
(III) wood;
(IV) bronze or copper, described by weight or
gauge, e.g., 32 oz. or 18 gauge; or
(V) other specifically named material;
and
(ii) The type of
sealing feature, e.g., sealer, non-sealer, gasketed, or non-gasketed, if
specified on the funeral establishment price list.
(B) Place on the list, however produced, the
name of the funeral provider's place of business, address, and telephone
number, and a caption describing the list as an "outer burial container price
list."
(4) Urn price
list.
(A) Give a printed or typewritten price
list to persons who inquire in person about urn offerings or prices. The
funeral provider must offer the list upon beginning discussion of, but in any
event, before showing the containers. The list must contain at least the retail
prices of all urns offered which do not require special ordering, the
description of an urn under this section must, at a minimum, include the type
of material predominately used in its construction. Bronze urns must be
described as sheet bronze or caste bronze, whichever is applicable. The price
list must include the effective date for the prices listed. In lieu of a
written list, the funeral provider may use other formats, such as notebooks,
brochures, or charts, if they contain the same information as the printed or
typewritten list, and display it in a clear and conspicuous manner. Provided,
however, that funeral providers do not have to make an urn price list available
if the funeral providers place on the general price list, specified in
paragraph (5) of this subsection, the information required by this
subsection.
(B) Place on the list,
however produced, the name of the funeral provider's place of business, address
and telephone number and a caption describing the list as an "urn price
list."
(5) General price
list.
(A) Availability of general price list.
(i) Give a printed or typewritten price list
for retention to persons who inquire in person about the funeral goods, funeral
services or prices of funeral goods or services offered by the funeral
provider. The funeral provider must give the list upon beginning discussion of
any of the following:
(I) the prices of
funeral goods or funeral services;
(II) the overall type of funeral service or
disposition; or
(III) specific
funeral goods or funeral services offered by the funeral provider.
(ii) The requirement in clause (i)
of this subparagraph applies whether the discussion takes place in the funeral
home or elsewhere. Provided, however, that when the deceased is removed for
transportation to the funeral home, an in-person request at that time for
authorization to embalm, required by § 203.50(a)(2) of this title, does
not, by itself, trigger the requirement to offer the general price list if the
provider in seeking prior embalming approval discloses that embalming is not
required by law except in certain special cases, if any. Any other discussion
during that time about prices or the selection of funeral goods or services
triggers the requirement under clause (i) of this subparagraph to give
consumers a general price list.
(iii) The list required in clause (i) of this
subparagraph must contain at least the following information:
(I) the name, address, and telephone number
of the funeral provider's place of business;
(II) a caption describing the list as a
"general price list"; and
(III) the
effective date for the price list.
(B) Include on the price list, in any order,
the retail prices (expressed either as the flat fee, or as the price per hour,
mile or other unit of computation) and the other information specified below
for at least each of the following items, if offered for sale:
(i) forwarding of remains to another funeral
home, together with a list of the services provided for any quoted
price;
(ii) receiving remains from
another funeral home, together with a list of the services provided for any
quoted price;
(iii) the price range
for the direct cremations offered by the funeral provider, together with:
(I) a separate price for a direct cremation
where the purchaser provides the container;
(II) separate prices for each direct
cremation offered including an alternative container; and
(III) a description of the services and
container (where applicable), included in each price;
(iv) the price range for the immediate
burials offered by the funeral provider, together with:
(I) a separate price for an immediate burial
where the purchaser provides the casket;
(II) separate prices for each immediate
burial offered including a casket or alternative container; and
(III) a description of the services and
container (where applicable) included in that price;
(v) transfer of remains to funeral
home;
(vi) embalming;
(vii) other preparation of the
body;
(viii) use of facilities and
staff for viewing;
(ix) use of
facilities and staff for funeral ceremony;
(x) use of facilities and staff for memorial
service;
(xi) use of equipment and
staff for graveside service;
(xii)
hearse;
(xiii) limousine;
and
(xiv) filing a claim seeking
life insurance proceeds on behalf of the beneficiaries.
(C) Include on the general price list, in any
order, the following information:
(i) Either
of the following:
(I) The price range for the
caskets offered by the funeral provider, together with the statement: "A
complete price list will be provided at the funeral home."; or
(II) The prices of individual caskets,
disclosed in the manner specified by paragraph (2)(A) of this subsection;
and
(ii) Either of the
following:
(I) The price range for the outer
burial containers offered by the funeral provider, together with the statement:
"A complete price list will be provided at the funeral home."; or
(II) The prices of individual outer burial
containers, disclosed in the manner specified by paragraph (3)(A) of this
subsection; and
(iii)
Either of the following:
(I) The price for the
basic services of funeral director and staff, together with a list of the
principal basic services provided for any quoted price and, if the charge
cannot be declined by the purchaser, the statement: "This fee for our basic
services will be added to the total cost of the funeral arrangements you
select. (This fee is already included in our charges for direct cremations,
immediate burials, and forwarding or receiving remains.)." If the charge cannot
be declined by the purchaser, the quoted price shall include all charges for
the recovery of unallocated funeral provider overhead, and funeral providers
may include in the required disclosure the phrase "and overhead" after the word
"services"; or
(II) The following
statement: "Please note that a fee of (specify dollar amount) for the use of
our basic services is included in the price of our caskets. This same fee shall
be added to the total cost of your funeral arrangements if you provide the
casket. Our services include (specify)." The fee shall include all charges for
the recovery of unallocated funeral provider overhead, and funeral providers
may include in the required disclosure the phrase "and overhead" after the word
"services." The statement must be placed on the general price list together
with the casket price range, required by clause (i)(I) of this subparagraph, or
together with the prices of individual caskets, required by clause (i)(II) of
this subparagraph.
(iv)
If the funeral home charges for processing the insurance claim, that fee shall
be disclosed.
(v) If a consumer
intends to use the proceeds from an insurance policy to pay for a funeral and
the funeral provider requires payment before the proceeds from such policy can
be obtained and, if the funeral provider does not provide the service of filing
a claim seeking life insurance proceeds on behalf of the beneficiary (or, if
the funeral provides the service and the consumer does not wish to utilize the
services of the funeral provider), the funeral provider shall include the
following statement on the general price list: "Please note that if you utilize
a third party to file a claim seeking expedited receipt of life insurance
proceeds on behalf of a beneficiary, there will be a fee to be paid associated
with the filing of such a claim."
(D) The services fee permitted by
subparagraph (C)(iii)(I) or (II) of this paragraph is the only funeral provider
fee for services, facilities or unallocated overhead permitted by this part to
be non-declinable, unless otherwise required by law.
(6) Funeral providers may give persons any
other price information, in any other format, in addition to that required by
paragraphs (2) - (5) of this subsection so long as the statement required by
§ 203.47 of this title is provided when required.
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