The following words and terms, when used in Tex. Admin. Code,
Title 22, Part 10, shall have the following meanings:
(1) Advertising--The act of making publicly and generally
known: the act of announcing publicly especially by a printed notice,
electronic medium or a broadcast.
(2) Alternative container--An unfinished wood box or
other non-metal receptacle or enclosure, without ornamentation or
a fixed interior lining, which is designed for the encasement of human
remains and which is made of fiberboard, pressed-wood, composition
materials (with or without an outside covering) or like materials.
(3) At-need--The time of need of funeral services or
merchandise when a human being has become deceased.
(4) Cash Advance item--Any item of service or merchandise
described to a purchaser as a "cash advance", "accommodation", "cash
disbursement" or similar term. A cash advance item is also any item
obtained from a third party and paid for by the funeral provider on
the purchaser's behalf. Cash advance items may include, but are not
limited to: cemetery or crematory services; pallbearers; public transportation;
clergy honoraria; flowers; musicians or singers; nurses; obituary
notices; gratuities and death certificates.
(5) Casket--A rigid container which is designed for
the encasement of human remains and which is usually constructed of
wood, metal, fiberglass, plastic, or like material, and ornamented
and lined with fabric.
(6) Commission--The Texas Funeral Service Commission.
(7) Cremation--A heating process which incinerates
human remains.
(8) Cremation Society--A resource for sharing a common
interest of learning about cremation and providing consumers the assistance
to locate cremation providers in their local area or outside their
local area.
(9) Direct Cremation--Disposition of human remains
by cremation, without formal viewing, visitation, or ceremony with
the body present.
(10) Funeral ceremony--A service commemorating the
deceased with the body present.
(11) Funeral goods--Goods which are sold or offered
for sale directly to the public for use in connection with funeral
services. Also referred to as funeral merchandise.
(12) Funeral provider--Any person, partnership or corporation
that sells or offers to sell funeral merchandise and funeral services
to the public at need.
(13) Graveside service--A funeral ceremony with the
body present held at the burial site.
(14) Holding the body hostage--Refusing for any reason
to transfer or allow the transfer of a dead human body to the person
responsible for making arrangements for final disposition.
(15) Immediate burial--Disposition of human remains
by burial, without formal viewing, visitation, or ceremony with the
body present, except for a graveside service.
(16) Memorial service--A ceremony commemorating the
deceased without the body present.
(17) Morgue--A place where bodies of unidentified persons
or those who have died of violence or unknown causes are kept until
release for burial or other lawful disposition.
(18) Person--Any individual, partnership, corporation,
association, government or governmental subdivision or agency or other
entity.
(19) Pre-need--Prearranged or prepaid funeral or cemetery
services or funeral merchandise, including an alternative container,
casket, or outer burial container. The term does not include a grave,
marker, monument, tombstone, crypt, niche, plot, or lawn crypt unless
it is sold in contemplation of trade for funeral services or funeral
merchandise as defined by Finance Code Chapter 154.
(20) Refrigeration of body--Maintenance of an unembalmed
dead human body at a temperature of 34-40 degrees Fahrenheit.
(21) SOAH--The State Office of Administrative Hearings.
(22) Unreasonable Time--The retention of excess funds
for a period that exceeds ten days from the time the funds were received
by the funeral establishment or its agent.
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