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TITLE 22EXAMINING BOARDS
PART 10TEXAS FUNERAL SERVICE COMMISSION
CHAPTER 203LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES
SUBCHAPTER CENFORCEMENT
RULE §203.46Price Disclosure

        (III) a description of the services and container (where applicable), included in each price;

      (iv) the price range for the immediate burials offered by the funeral provider, together with:

        (I) a separate price for an immediate burial where the purchaser provides the casket;

        (II) separate prices for each immediate burial offered including a casket or alternative container; and

        (III) a description of the services and container (where applicable) included in that price;

      (v) transfer of remains to funeral home;

      (vi) embalming;

      (vii) other preparation of the body;

      (viii) use of facilities and staff for viewing;

      (ix) use of facilities and staff for funeral ceremony;

      (x) use of facilities and staff for memorial service;

      (xi) use of equipment and staff for graveside service;

      (xii) hearse;

      (xiii) limousine; and

      (xiv) filing a claim seeking life insurance proceeds on behalf of the beneficiaries.

    (C) Include on the general price list, in any order, the following information:

      (i) Either of the following:

        (I) The price range for the caskets offered by the funeral provider, together with the statement: "A complete price list will be provided at the funeral home."; or

        (II) The prices of individual caskets, disclosed in the manner specified by paragraph (2)(A) of this subsection; and

      (ii) Either of the following:

        (I) The price range for the outer burial containers offered by the funeral provider, together with the statement: "A complete price list will be provided at the funeral home."; or

        (II) The prices of individual outer burial containers, disclosed in the manner specified by paragraph (3)(A) of this subsection; and

      (iii) Either of the following:

        (I) The price for the basic services of funeral director and staff, together with a list of the principal basic services provided for any quoted price and, if the charge cannot be declined by the purchaser, the statement: "This fee for our basic services will be added to the total cost of the funeral arrangements you select. (This fee is already included in our charges for direct cremations, immediate burials, and forwarding or receiving remains.)." If the charge cannot be declined by the purchaser, the quoted price shall include all charges for the recovery of unallocated funeral provider overhead, and funeral providers may include in the required disclosure the phrase "and overhead" after the word "services"; or

        (II) The following statement: "Please note that a fee of (specify dollar amount) for the use of our basic services is included in the price of our caskets. This same fee shall be added to the total cost of your funeral arrangements if you provide the casket. Our services include (specify)." The fee shall include all charges for the recovery of unallocated funeral provider overhead, and funeral providers may include in the required disclosure the phrase "and overhead" after the word "services." The statement must be placed on the general price list together with the casket price range, required by clause (i)(I) of this subparagraph, or together with the prices of individual caskets, required by clause (i)(II) of this subparagraph.

      (iv) If the funeral home charges for processing the insurance claim, that fee shall be disclosed.

      (v) If a consumer intends to use the proceeds from an insurance policy to pay for a funeral and the funeral provider requires payment before the proceeds from such policy can be obtained and, if the funeral provider does not provide the service of filing a claim seeking life insurance proceeds on behalf of the beneficiary (or, if the funeral provides the service and the consumer does not wish to utilize the services of the funeral provider), the funeral provider shall include the following statement on the general price list: "Please note that if you utilize a third party to file a claim seeking expedited receipt of life insurance proceeds on behalf of a beneficiary, there will be a fee to be paid associated with the filing of such a claim."

    (D) The services fee permitted by subparagraph (C)(iii)(I) or (II) of this paragraph is the only funeral provider fee for services, facilities or unallocated overhead permitted by this part to be non-declinable, unless otherwise required by law.

  (6) Funeral providers may give persons any other price information, in any other format, in addition to that required by paragraphs (2) - (5) of this subsection so long as the statement required by §203.47 of this title is provided when required.


Source Note: The provisions of this §203.46 adopted to be effective October 18, 2015, 40 TexReg 7070

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