22 Tex. Admin. Code § 203.49 - Required Purchase of Funeral Goods or Funeral Services
(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.
Notes
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