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 203.49 - Required Purchase of Funeral Goods or Funeral Services
Universal Citation: 22 TX Admin Code ยง 203.49
Current through Reg. 49, No. 38; September 20, 2024
(a) Casket for cremation provisions.
(1) 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, or a crematory, to require that a casket be
purchased for direct cremation.
(2)
To prevent this unfair or deceptive act or practice, funeral providers must
make an alternative container available for direct cremations, if they arrange
direct cremations.
(b) Other required purchases of funeral goods or funeral services.
(1) In selling or offering to sell funeral
goods or funeral services, it is an unfair or deceptive act or practice for a
funeral provider to:
(A) condition the
furnishing of any funeral good or funeral service to a person arranging a
funeral upon the purchase of any other funeral good or funeral service, except
as required by law or as otherwise permitted by this part; or
(B) charge any fee as a condition to
furnishing any funeral goods or funeral services to a person arranging a
funeral, other than the fees for:
(i)
services of funeral director and staff, permitted by §
203.46(b)(5)(C)(iii) of this title;
(ii) other funeral services and funeral goods
selected by the purchaser; and
(iii) other funeral goods or services
required to be purchased, as explained on the itemized statement in accordance
with § 203.48(d)(2) of this title.
(2) Preventative Requirements
(A) To prevent these unfair or deceptive acts
or practices, funeral providers must:
(i)
Place the following disclosure in the general price list, immediately above the
prices required by § 203.46(b)(5)(B) and (C) of this title: "The goods and
services shown below are those we can provide to our customers. You may choose
only the items you desire. If legal or other requirements mean you must buy any
items you did not specifically ask for, we will explain the reason in writing
on the statement we provide describing the funeral goods and services you
selected." Provided, however, that if the charge for "services of funeral
director and staff" cannot be declined by the purchaser, the statement shall
include the sentence: "However, any funeral arrangements you select will
include a charge for our basic services" between the second and third sentences
of the statement specified above herein. The statement may include the phrase
"and overhead" after the word "services" if the fee includes a charge for the
recovery of unallocated funeral provider overhead;
(ii) Place the following disclosure in the
Purchase Agreement, required by § 203.47 of this title: "Charges are only
for those items that you selected or that are required. If we are required by
law or by a cemetery or crematory to use any items, we will explain the reasons
in writing below."
(B) A
funeral provider shall not violate this section by failing to comply with a
request for a combination of goods or services which would be impossible,
impractical, or excessively burdensome to provide.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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