| 1 | 1 | | 88R11321 SHH-F |
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| 2 | 2 | | By: Raymond H.B. No. 2807 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the regulation of a transportation protection agreement |
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| 8 | 8 | | as a prepaid funeral benefit. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 154.002, Finance Code, is amended by |
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| 11 | 11 | | amending Subdivision (9) and adding Subdivision (15) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (9) "Prepaid funeral benefits" means prearranged or |
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| 14 | 14 | | prepaid funeral or cemetery services or funeral merchandise, |
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| 15 | 15 | | including an alternative container, casket, or outer burial |
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| 16 | 16 | | container. The term does not include: |
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| 17 | 17 | | (A) a grave, marker, monument, tombstone, crypt, |
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| 18 | 18 | | niche, plot, or lawn crypt unless it is sold in contemplation of |
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| 19 | 19 | | trade for a funeral service or funeral merchandise to which this |
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| 20 | 20 | | chapter applies; or |
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| 21 | 21 | | (B) a transportation protection agreement. |
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| 22 | 22 | | (15) "Transportation protection agreement" means an |
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| 23 | 23 | | agreement to pay for transportation of a body from the place of |
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| 24 | 24 | | death to a licensed holding facility or licensed crematory, if the |
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| 25 | 25 | | place of death is more than 75 miles from the location of the |
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| 26 | 26 | | licensed facility that will provide the funeral services. |
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| 27 | 27 | | SECTION 2. Section 154.151, Finance Code, is amended by |
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| 28 | 28 | | adding Subsection (f) to read as follows: |
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| 29 | 29 | | (f) A transportation protection agreement is not considered |
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| 30 | 30 | | to be a part of a sales contract for prepaid funeral benefits. |
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| 31 | 31 | | SECTION 3. This Act takes effect September 1, 2023. |
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