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RULE §203.47Purchase Agreement (Statement of Funeral Goods and Services Selected)

(a) Funeral providers must give an itemized written statement for retention to each person who arranges a funeral or other disposition of human remains, at the conclusion of the discussion of arrangements. The Purchase Agreement must list at least the following information:

  (1) the funeral goods and funeral services selected by that person and the prices to be paid for each of them, unless there is a discounted package arrangement that itemizes the discount provided by the package arrangement;

  (2) specifically itemized cash advance items. (These prices must be given to the extent then known or reasonably ascertainable. If the prices are not known or reasonably ascertainable, a good faith estimate shall be given and a written statement of the actual charges shall be provided before the final bill is paid.);

  (3) the total cost of the goods and services selected;

  (4) the complete description of all goods purchased as described in §203.46(2) - (5) of this title.

(b) The information required by this section may be included on any contract, statement, or other document which the funeral provider would otherwise provide at the conclusion of discussion of arrangements.

(c) If a funeral provider's graphically illustrated logo or a bold listing of the logo is included in an obituary, the funeral provider shall list separately the additional cost, if any, related to the inclusion of such logo in the cash advance portion of the Purchase Agreement.

(d) If a funeral establishment receives a dead human body from another funeral establishment, the receiving funeral establishment shall include under cash advances on the purchase agreement any amount owed by the customer for services provided to but not paid for by the customer. The receiving funeral establishment shall remit the funds collected from the consumer to the transferring funeral establishment. Services that may be charged by the receiving funeral establishment on behalf of the transferring funeral establishment include the following:

  (1) removal;

  (2) refrigeration;

  (3) embalming, if authorized;

  (4) transportation; and

  (5) casket, if used.

Source Note: The provisions of this §203.47 adopted to be effective October 18, 2015, 40 TexReg 7070; amended to be effective October 3, 2019, 44 TexReg 5625

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