Texas Administrative Code
Title 7 - BANKING AND SECURITIES
Part 2 - TEXAS DEPARTMENT OF BANKING
Chapter 25 - PREPAID FUNERAL CONTRACTS
Subchapter A - CONTRACT FORMS
Section 25.7 - Casket and Outer-Burial Containers
Universal Citation: 7 TX Admin Code ยง 25.7
Current through Reg. 49, No. 38; September 20, 2024
(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.
(1)
Casket--A rigid container, including but not limited to casket inserts and rest
beds, which is designed for the encasement of human remains and which is
usually constructed of wood, metal, fiberglass, plastic, or like material, and
ornamented and lined with fabric.
(2) Contract--The prepaid funeral benefits
contract.
(3) Outer-burial
container--Any container which is designed for placement in the grave around
the casket including, but not limited to, containers commonly known as burial
vaults, grave boxes, and grave liners. The term "outer-burial container" does
not include lawn crypts regulated under the Texas Health and Safety Code,
Chapters 711 and 712.
(4) Urn--A
temporary or permanent receptacle used for the containment of cremated
remains.
(b) Descriptions.
(1) Conformity of descriptions.
The prepaid funeral benefits contract must fully describe all services and
merchandise purchased, including the casket or urn and any outer-burial
container, as required by this section.
(2) Description content.
(A) Caskets. The description of a casket
under this section must, at a minimum, include 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., as cardboard or corrugated wood;
(ii) The type of sealing feature,
e.g., sealer, non-sealer, gasketed, or non-gasketed, if specified on the permit
holder's price list; and
(iii) The
material lining the interior of the casket, e.g., crepe, velvet, satin, twill,
or silk.
(B) Urns. 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 cast bronze, whichever is applicable.
(C) Outer-burial container. 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 predominately 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;
(V) other specifically named material;
and
(ii) The type of
sealing feature, e.g., sealer, non-sealer, if specified on the permit holder's
price list.
(D) Caskets,
urns, and outer-burial containers. Merchandise that is marketed as being of a
particular content or fabrication, e.g., a fiberglass liner, must be described
under this section according to the particular content or fabrication
referenced in marketing the product.
(E) Optional disclosures. Except for
information required under this section, no additional description of caskets,
urns, or outer-burial containers is required; however, relevant information,
e.g., a model number or color, may be added to a description at the election of
the permit holder.
(c) Rule application. With respect to contracts entered prior to the effective date of this section or the effective date of any amendment to this section, a permit holder will not violate this section or such amendment if it fails to comply with one or more requirements of this section or an amendment that were not previously required by statute or rule.
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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
