Texas 2025 - 89th Regular

Texas House Bill HB1094 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Lambert, Plesa H.B. No. 1094
2		-
3		-
	1	+	89R2117 SRA-F
	2	+	By: Lambert H.B. No. 1094
4	3
5	4
6	5		A BILL TO BE ENTITLED
7	6		AN ACT
8	7		relating to the regulation of transportation protection
9	8		agreements.
10	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	10		SECTION 1. Section 154.002, Finance Code, is amended by
12	11		amending Subdivisions (9) and (13) and adding Subdivision (15) to
13	12		read as follows:
14	13		(9) "Prepaid funeral benefits" means prearranged or
15	14		prepaid funeral or cemetery services or funeral merchandise,
16	15		including an alternative container, casket, or outer burial
17	16		container. The term does not include:
18	17		(A) a grave, marker, monument, tombstone, crypt,
19	18		niche, plot, or lawn crypt unless it is sold in contemplation of
20	19		trade for a funeral service or funeral merchandise to which this
21	20		chapter applies; or
22	21		(B) a transportation protection agreement.
23	22		(13) "Funeral service" or "service":
24	23		(A) means a service sold or offered for sale on a
25	24		preneed basis that may be used to:
26	25		(i) [(A)] care for and prepare a deceased
27	26		human body for burial, cremation, or other final disposition; and
28	27		(ii) [(B)] arrange, supervise, or conduct a
29	28		funeral ceremony or the final disposition of a deceased human body;
30	29		and
31	30		(B) does not include a service provided under a
32	31		transportation protection agreement.
33	32		(15) "Transportation protection agreement" has the
34	33		meaning assigned by Section 101.056, Insurance Code.
35	34		SECTION 2. Subchapter B, Chapter 101, Insurance Code, is
36	35		amended by adding Section 101.056 to read as follows:
37	36		Sec. 101.056. TRANSPORTATION PROTECTION AGREEMENTS;
38	37		EXEMPTION FROM INSURANCE LAW. (a) In this section:
39	38		(1) "Seller" has the meaning assigned by Section
40	39		154.002, Finance Code.
41	40		(2) "Transportation protection agreement" means an
42		-	agreement to pay for transportation of a deceased human body from
43		-	the place of death to a licensed holding facility or licensed
44		-	crematory, if the place of death is more than 75 miles from the
45		-	location of the licensed facility that will provide the funeral
46		-	services.
	41	+	agreement that primarily provides for the coordination and
	42	+	arrangement of all professional services related to the preparation
	43	+	for purposes of transportation and subsequent transportation of a
	44	+	deceased human body.
47	45		(b) A transportation protection agreement sold by a seller:
48	46		(1) does not constitute the business of insurance in
49	47		this state; and
50	48		(2) is otherwise exempt from the requirements of this
51	49		code.
52	50		SECTION 3. This Act takes effect September 1, 2025.