<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 7BANKING AND SECURITIES
PART 2TEXAS DEPARTMENT OF BANKING
CHAPTER 25PREPAID FUNERAL CONTRACTS
SUBCHAPTER ACONTRACT FORMS
RULE §25.6How and When are Contract Copies Distributed Between the Parties?

(a) At the conclusion of a discussion about funeral arrangements, if someone purchases prepaid funeral goods or services, whether trust-funded or insurance-funded, you must give the purchaser a copy of the contract and all related agreements.

(b) On or before the 30th day after the contract is executed by all parties, you must give a copy of the fully-executed contract to the purchaser, to any third-party provider or administrator that has responsibility for any portion of the contract, and, with respect to an insurance-funded contract, to the insurance company issuing the insurance policy, if the insurance company is a party to the contract.

(c) If a purchaser signs a written waiver of cancellation rights, you must give the purchaser a copy of the executed waiver at the time of execution.

(d) To give a purchaser a copy of the contract, you must give the purchaser a paper copy unless an electronic contract was used.

(e) If an electronic contract was used, you may deliver an electronic record of the contract and all related agreements by email or other electronic means to the purchaser if the purchaser has consented to receiving an electronic record as specified in §25.2(f)(1) - (2). If the purchaser requests a paper copy or is unable to retrieve the electronic record, you must give the purchaser a paper copy. You may not charge a fee for providing a paper copy.


Source Note: The provisions of this §25.6 adopted to be effective March 14, 2002, 27 TexReg 1706; amended to be effective November 10, 2016, 41 TexReg 8814

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page