Texas House Bill HB3801

Texas 2009 - 81st Regular

Caption

Relating to regulation of prepaid funeral benefits.

Impact

The bill's implications extend to increasing regulatory oversight over funeral providers and the issuance of permits to sell prepaid funeral benefits. It proposes that sellers provide clear informational brochures describing the categories of prepaid benefits. Furthermore, it establishes an advisory council to oversee the operations of the fund intended to guarantee obligations of sellers, effectively increasing accountability within the industry.

Summary

House Bill 3801 seeks to regulate prepaid funeral benefits in Texas, amending several provisions in the Finance Code related to the sale and management of these contracts. Key definitions are introduced, including terms for cash advance items and the distinctions between insurance-funded and trust-funded contracts. The bill aims to ensure that consumers are better informed about their options and the potential risks involved with purchasing prepaid funeral services.

Contention

Among the notable provisions, the bill emphasizes the need for sellers to disclose any limitations or conditions regarding the modification and cancellation of prepaid contracts. This aspect could spark debate among funeral homes, consumer advocacy groups, and lawmakers concerned about the balance between consumer protections and the operational flexibility of funeral service providers. The establishment of a regulatory environment may aim to protect consumers from possible financial loss but could also impose additional burdens on providers, leading to conflicting viewpoints on the bill's overall benefit.