| (a) Definitions. The following words and terms, when
used in this section, shall have the following meanings, unless the
context clearly indicates otherwise.
(1) Casket--A rigid container, including but not limited
to casket inserts and rest beds, 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.
(2) Contract--The prepaid funeral benefits contract.
(3) Outer-burial container--Any container which is
designed for placement in the grave around the casket including, but
not limited to, containers commonly known as burial vaults, grave
boxes, and grave liners. The term "outer-burial container" does not
include lawn crypts regulated under the Texas Health and Safety Code,
Chapters 711 and 712.
(4) Urn--A temporary or permanent receptacle used for
the containment of cremated remains.
(b) Descriptions.
(1) Conformity of descriptions. The prepaid funeral
benefits contract must fully describe all services and merchandise
purchased, including the casket or urn and any outer-burial container,
as required by this section.
(2) Description content.
(A) Caskets. The description of a casket under this
section must, at a minimum, include the following specifications:
(i) The type of material that is predominately used
in the construction of the merchandise, i.e.:
(I) steel, identified as stainless or by gauge, e.g.,
18 gauge;
(II) wood, identified by type, e.g., pecan or cherry;
(III) bronze, described by weight, e.g., 32 oz.;
(IV) copper, described by weight, e.g., 32 oz.; or
(V) other specifically named material, e.g., as cardboard
or corrugated wood;
(ii) The type of sealing feature, e.g., sealer, non-sealer,
gasketed, or non-gasketed, if specified on the permit holder's price
list; and
(iii) The material lining the interior of the casket,
e.g., crepe, velvet, satin, twill, or silk.
(B) Urns. The description of an urn under this section
must, at a minimum, include the type of material predominately used
in its construction. Bronze urns must be described as sheet bronze
or cast bronze, whichever is applicable.
(C) Outer-burial container. The description of an outer-burial
container under this section must, at a minimum, include the following
specifications:
(i) The type of material that is predominately used
in the construction of the merchandise, i.e.:
(I) concrete, specifying type of construction, e.g.,
liner, box, or vault;
(II) steel, identified as stainless or by gauge, e.g.,
12 gauge (or described as galvanized of a particular gauge);
(III) wood;
(IV) bronze or copper, described by weight or gauge,
e.g., 32 oz. or 18 gauge;
(V) other specifically named material; and
(ii) The type of sealing feature, e.g., sealer, non-sealer,
if specified on the permit holder's price list.
(D) Caskets, urns, and outer-burial containers. Merchandise
that is marketed as being of a particular content or fabrication,
e.g., a fiberglass liner, must be described under this section according
to the particular content or fabrication referenced in marketing the
product.
(E) Optional disclosures. Except for information required
under this section, no additional description of caskets, urns, or
outer-burial containers is required; however, relevant information,
e.g., a model number or color, may be added to a description at the
election of the permit holder.
(c) Rule application. With respect to contracts entered
prior to the effective date of this section or the effective date
of any amendment to this section, a permit holder will not violate
this section or such amendment if it fails to comply with one or more
requirements of this section or an amendment that were not previously
required by statute or rule.
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