reglab/housing_qa huggingface dataset:
TX Fin Code § 154.131 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter C. -1. Presale Disclosures|Section 154.131. Brochure

Sec. 154.131.  BROCHURE.  (a)  A seller, directly or through the seller's designated agent, shall provide an informational brochure to each potential purchaser of a prepaid funeral benefits contract.(b)  The brochure must:(1)  describe the regulation of prepaid funeral benefits contracts and the trust and insurance funding options available under the law of this state; and(2)  include a reference to the Internet website required under Section 154.132.(c)  The department:(1)  must approve an informational brochure before the brochure may be used by the seller; and(2)  shall develop a model informational brochure that complies with this section with input from consumers, permit holders, insurers, and funeral providers.|Added by Acts 2009, 81st Leg., R.S., Ch. 1190 (H.B. 3762), Sec. 7, eff. June 1, 2010.|
TX Fin Code § 154.132 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter C. -1. Presale Disclosures|Section 154.132. Website

Sec. 154.132.  WEBSITE.  (a)  The department shall establish and maintain an Internet website that provides information to enable consumers to make informed decisions relating to the purchase of prepaid funeral benefits.(b)  The website:(1)  must include a description of the trust and insurance funding options available under the law of this state to be developed with input from consumers, permit holders, insurers, and funeral providers;(2)  may include links to and be linked from the department's website, the Texas Department of Insurance website, and the Texas Funeral Service Commission website;  and(3)  may include additional information or links to additional information that the department determines may be helpful to consumers of prepaid funeral benefits in this state.|Added by Acts 2009, 81st Leg., R.S., Ch. 1190 (H.B. 3762), Sec. 7, eff. June 1, 2010.|
TX Fin Code § 154.133 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter C. -1. Presale Disclosures|Section 154.133. Reference or Link to Website

Sec. 154.133.  REFERENCE OR LINK TO WEBSITE.  Any sales literature or a website that offers or promotes the sale of prepaid funeral benefits contracts to the public must include a reference or link to the Internet website required under Section 154.132.|Added by Acts 2009, 81st Leg., R.S., Ch. 1190 (H.B. 3762), Sec. 7, eff. June 1, 2010.|
TX Fin Code § 154.151 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter D. General Provisions for Sales Contracts|Section 154.151. Form of Contract

Sec. 154.151.  FORM OF CONTRACT.  (a)  The department must approve a sales contract form for prepaid funeral benefits before the form is used.(b)  A sales contract for prepaid funeral benefits must:(1)  be in writing;(2)  state the name of the funeral provider or other person primarily responsible for providing the prepaid funeral benefits specified in the contract;  and(3)  state the details of the prepaid funeral benefits to be provided, including a description and specifications of the material used in the caskets or grave vaults to be furnished.(c)  If a funeral provider designated in the contract to provide prepaid funeral benefits is not the seller licensed under this chapter, the funeral provider must:(1)  be a party to the contract;(2)  agree in the contract to provide those benefits; and(3)  by signing the contract, agree to discharge the responsibilities imposed on a funeral provider by Section 154.161.(d)  A sales contract for prepaid funeral benefits, whether in English or Spanish, must be written in plain language designed to be easily understood by the average consumer.  The contract must be printed in an easily readable font and type size.  The department shall provide model contracts complying with this subsection and shall enforce this subsection.(e)  The commission by rule shall establish a standard disclosure that must be included in each contract to inform purchasers of the goods and services that will be provided or excluded under the contract and the circumstances under which the contract may be modified after death of the beneficiary.  The commission by rule may prescribe a form for the standard disclosure that is designed to more closely conform to variations in sales contract forms that serve different purposes.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 699, Sec. 6, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1190 (H.B. 3762), Sec. 8, eff. September 1, 2009.|
TX Fin Code § 154.1511 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter D. General Provisions for Sales Contracts|Section 154.1511. Cash Advance Items: Non-Guaranteed Merchandise and Services

Sec. 154.1511.  CASH ADVANCE ITEMS:  NON-GUARANTEED MERCHANDISE AND SERVICES.  (a)  A purchaser of a prepaid funeral benefits contract may agree to advance funds for all or any portion of the estimated cost of cash advance items included in a prepaid funeral benefits contract, the actual cost of which are to be determined by existing prices at the time the items are delivered or provided in connection with at-need performance of the contracted funeral.(b)  Cash advance items included in a prepaid funeral benefits contract must be clearly grouped together and segregated from prepaid funeral benefits in a manner that will permit the average consumer to easily understand that:(1)  cash advance items are not fixed or guaranteed in price; and(2)  additional money may be required to fully pay for those items at the time of the funeral.(c)  A seller shall administer purchaser funds received in advance for cash advance items under a prepaid funeral benefits contract in the manner required by Section 154.159 or 154.203.(d)  After the death of the contract beneficiary, the funeral provider shall apply the proportionate part of the trust or insurance policy proceeds received under the contract that is derived from advance payment of cash advance items to the current purchase price for the items.  To the extent the proportionate part of contract proceeds:(1)  is less than the current purchase price for the cash advance items, the funeral provider may collect additional money for the difference in exchange for delivering or providing the items as part of the contracted funeral;  or(2)  is greater than the current purchase price for the cash advance items, the funeral provider shall promptly refund the excess amount unless that amount is offset against other amounts due to the funeral provider in connection with the contracted funeral.|Added by Acts 2009, 81st Leg., R.S., Ch. 1190 (H.B. 3762), Sec. 9, eff. September 1, 2009.|
TX Fin Code § 154.152 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter D. General Provisions for Sales Contracts|Section 154.152. Representations Regarding Approval of Permit Holder

Sec. 154.152.  REPRESENTATIONS REGARDING APPROVAL OF PERMIT HOLDER.  A permit holder may represent that the department has approved or otherwise chosen a prepaid funeral vendor only with the following language:  "The Texas Banking Department regulates the sale of prearranged funeral contracts" and "The form of this contract has been approved by the Department."|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 154.153 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter D. General Provisions for Sales Contracts|Section 154.153. Allocation of Sales Price

Sec. 154.153.  ALLOCATION OF SALES PRICE.  A seller may not increase the sales price of an item not covered by this chapter to allocate a lesser sales price to an item covered by this chapter.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 154.154 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter D. General Provisions for Sales Contracts|Section 154.154. Agreement to Pay Finance Charge

Sec. 154.154.  AGREEMENT TO PAY FINANCE CHARGE.  A purchaser of a prepaid funeral benefits contract may agree in writing to pay the seller a finance charge in accordance with Chapter 345 on an amount due the seller on the contract.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 154.155 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter D. General Provisions for Sales Contracts|Section 154.155. Cancellation of Contract

Sec. 154.155.  CANCELLATION OF CONTRACT.  (a)  A purchaser of a prepaid funeral benefits contract may cancel the contract before maturity by giving written notice of cancellation to the seller on forms prescribed by the department.  The seller shall maintain copies of the cancellation forms for examination by the department.(b)  Not later than the 30th day after the date of the cancellation notice, the seller of a trust-funded contract shall withdraw and pay to the purchaser money in the depository being held for the purchaser's use and benefit.(c)  The purchaser or seller may not make a partial cancellation or withdrawal.(d)  The purchaser of a trust-funded contract is entitled to receive the actual amount paid by the purchaser and half of all earnings attributable to that money, less the amount permitted to be retained as provided by Section 154.252, except as provided by Subsection (e) and by Sections 154.1511, 154.1551, and 154.254.(e)  A purchaser who cancels a contract on the solicitation of the seller is entitled to withdraw all money paid to the seller and all earnings attributable to that money.  If the money is used to purchase a new prepaid funeral benefits contract under a solicitation by the seller, the new contract must protect the purchaser to an extent equal to or greater than that provided by the original contract, as determined by the department.  Under the new contract, the cost to the purchaser of the same or substantially the same services or merchandise may not be greater than that provided by the canceled contract.(f)  The cancellation of an insurance-funded contract by the purchaser is subject to Section 154.205.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 699, Sec. 7, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1190 (H.B. 3762), Sec. 10, eff. September 1, 2009.|
TX Fin Code § 154.156 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter D. General Provisions for Sales Contracts|Section 154.156. Waiver of Right of Cancellation

Sec. 154.156.  WAIVER OF RIGHT OF CANCELLATION.  (a)  The purchaser of a prepaid funeral benefits contract may irrevocably waive the purchaser's right to cancel the contract under Section 154.155.  The waiver must be in a separate writing signed by the purchaser and the seller and must comply with the plain language requirements for the form of a sales contract under Section 154.151.(b)  A waiver made under this section does not affect:(1)  a right the purchaser has under the contract to change the beneficiary of the contract;(2)  the purchaser's right to cancel the contract under Section 154.413;(3)  an abandonment of the money paid by the purchaser under the contract as provided by Subchapter G;  or(4)  a modification to the contract as provided by Section 154.1551.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 699, Sec. 9, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1190 (H.B. 3762), Sec. 12, eff. September 1, 2009.|
TX Fin Code § 154.157 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter D. General Provisions for Sales Contracts|Section 154.157. Performance of Contract

Sec. 154.157.  PERFORMANCE OF CONTRACT.  Delivery of funeral merchandise before death is not performance, in whole or in part, of a prepaid funeral benefits contract entered into after July 15, 1963.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 154.158 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter D. General Provisions for Sales Contracts|Section 154.158. Enforcement of Contract

Sec. 154.158.  ENFORCEMENT OF CONTRACT.  A seller that violates Section 154.101 may not enforce a prepaid funeral benefits contract, but the purchaser or an heir or legal representative of the purchaser is entitled to recover:(1)  the amount paid to the seller under the contract;  and(2)  the amount paid to a fund or for an investment, security, or contract, including a contract or policy of insurance authorized by the Texas Department of Insurance.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 154.159 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter D. General Provisions for Sales Contracts|Section 154.159. Administration of Money Received

Sec. 154.159.  ADMINISTRATION OF MONEY RECEIVED.  Money received for prepaid funeral benefits shall be administered as prescribed by Section 154.155 and Subchapters E and F, as applicable.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 154.160 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter D. General Provisions for Sales Contracts|Section 154.160. Agent; Deposit of Money

Sec. 154.160.  AGENT;  DEPOSIT OF MONEY.  (a)  A seller shall designate one or more agents by name or title.(b)  The seller shall notify the department of:(1)  the designation not later than the 10th day after the date the seller becomes subject to this chapter;  and(2)  any change in the designation not later than the 10th day after the date of the change.(c)  An agent designated under this section is:(1)  considered a fiduciary for purposes of Section 32.45, Penal Code;  and(2)  responsible for the deposit of money collected under prepaid funeral benefits contracts.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1190 (H.B. 3762), Sec. 13, eff. September 1, 2009.|
TX Fin Code § 154.201 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter E. Insurance-Funded Prepaid Funeral Benefits|Section 154.201. Requirements for Solicitation of Insurance-Funded Benefits

Sec. 154.201.  REQUIREMENTS FOR SOLICITATION OF INSURANCE-FUNDED BENEFITS.  A seller may not solicit an individual's designation of prepaid funeral benefits to be paid from an insurance policy, unless the insurance policy meets the requirements of Section 154.2021.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1190 (H.B. 3762), Sec. 15, eff. September 1, 2009.|
TX Fin Code § 154.202 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter E. Insurance-Funded Prepaid Funeral Benefits|Section 154.202. Execution of Contract in Conjunction With Application for Policy

Sec. 154.202.  EXECUTION OF CONTRACT IN CONJUNCTION WITH APPLICATION FOR POLICY.  An insurance-funded prepaid funeral benefits contract must be executed in conjunction with the application for the issuance of the insurance policy.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 154.2021 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter E. Insurance-Funded Prepaid Funeral Benefits|Section 154.2021. Requirements for Insurance Policies

Sec. 154.2021.  REQUIREMENTS FOR INSURANCE POLICIES.  (a)  An insurance policy used to fund prepaid funeral benefits under this chapter must:(1)  be written on a form approved by the Texas Department of Insurance;(2)  be issued by an insurance company authorized by the Texas Department of Insurance to engage in the business of insurance in this state; and(3)  contain the following statement on the cover page or otherwise within the policy or a rider to the policy:  "This policy is issued to fund a prepaid funeral benefits contract subject to Chapter 154 of the Texas Finance Code.  Cancellation of the prepaid funeral benefits contract does not automatically cancel this policy."(b)  The aggregate initial face value of one or more insurance policies issued to fund a prepaid funeral benefits contract may not exceed the total contract price by more than five percent unless the purchaser:(1)  receives a conspicuous written disclosure of the purpose and amount of the excess coverage and how the insurance benefit will be applied at contract maturity;  and(2)  consents in writing to the purchase of the excess coverage.|Added by Acts 2009, 81st Leg., R.S., Ch. 1190 (H.B. 3762), Sec. 16, eff. September 1, 2009.|
TX Fin Code § 154.203 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter E. Insurance-Funded Prepaid Funeral Benefits|Section 154.203. Payment of Premiums

Sec. 154.203.  PAYMENT OF PREMIUMS.  (a)  The premiums for an insurance policy that funds prepaid funeral benefits may only be collected by a licensed insurance agent appointed by the insurance company issuing the policy and shall be paid to the insurance company in accordance with the agency agreement between the insurance company and the agent.(b)  Receipt of premiums by the agent of the insurance company is considered receipt of premiums by the insurance company for purposes of continuing the policy in force.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1190 (H.B. 3762), Sec. 17, eff. September 1, 2009.|
TX Fin Code § 154.204 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter E. Insurance-Funded Prepaid Funeral Benefits|Section 154.204. Conversion From Trust-Funded Prepaid Funeral Benefits

Sec. 154.204.  CONVERSION FROM TRUST-FUNDED PREPAID FUNERAL BENEFITS.  (a)  The department must approve a conversion from trust-funded prepaid funeral benefits to insurance-funded prepaid funeral benefits as safeguarding the rights and interests of the individual who purchases the prepaid funeral benefits contract.(b)  Each contract holder shall be notified in writing of:(1)  the terms of the proposed conversion;  and(2)  the holder's right to decline the conversion.(c)  An application for approval of a conversion from trust-funded prepaid funeral benefits to insurance-funded prepaid funeral benefits must be:(1)  filed with the department on forms prescribed by the department;  and(2)  accompanied by a conversion application fee set by the department under Section 154.051.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 154.205 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter E. Insurance-Funded Prepaid Funeral Benefits|Section 154.205. Cancellation of Insurance-Funded Contract

Sec. 154.205.  CANCELLATION OF INSURANCE-FUNDED CONTRACT.  (a)  A purchaser of an insurance-funded prepaid funeral benefits contract may cancel the contract before maturity by giving written notice of cancellation to the permit holder.  The permit holder shall maintain copies of the written notice of cancellation until the third anniversary of the date of receipt of notice.(b)  Cancellation of the contract under Subsection (a) does not automatically cancel the insurance policy funding the prepaid funeral benefits contract.  The insurance policy may be canceled in accordance with the terms and conditions of the policy in exchange for the policy's cash surrender value.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1190 (H.B. 3762), Sec. 18, eff. September 1, 2009.|
TX Fin Code § 154.206 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter E. Insurance-Funded Prepaid Funeral Benefits|Section 154.206. Assignment of Right to Benefits

Sec. 154.206.  ASSIGNMENT OF RIGHT TO BENEFITS.  (a)  The purchaser of an insurance-funded contract may assign the purchaser's ownership of and rights to benefits under the insurance policy to the seller, the funeral provider, the trustee, or other person.(b)  An assignment to the seller, the funeral provider, or an affiliated trustee may not be made irrevocable unless:(1)  the assignment is made solely to facilitate the eligibility of the purchaser under Title XIX, Social Security Act (42 U.S.C. Section 1396 et seq.), or other law providing for a public assistance program; or(2)  the assignee is specifically prohibited from exercising any right under the policy except administration of the benefits.(c)  An assignee under this section is subject to a fiduciary duty to apply the insurance policy benefits as provided by the contract and this chapter.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1190 (H.B. 3762), Sec. 19, eff. September 1, 2009.|
TX Fin Code § 154.207 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter E. Insurance-Funded Prepaid Funeral Benefits|Section 154.207. Receipt of Benefits Payable Under Policy

Sec. 154.207.  RECEIPT OF BENEFITS PAYABLE UNDER POLICY.  (a)  A seller or funeral provider that has been assigned the benefits payable under an insurance policy funding prepaid funeral benefits may not receive payment of the benefits until:(1)  the beneficiary named in the contract dies;(2)  the funeral service is completed;(3)  the funeral provider has completed the provider's obligations under Section 154.161(a) with respect to the contract; and(4)  the insurance company is presented with:(A)  certification from the funeral provider attesting to matters required by Subdivisions (2) and (3); and(B)  other documents as required by the insurance company to process and pay the claim.(b)  The seller shall maintain copies of the documentation submitted to the insurance company and a copy of the death certificate for examination by the department.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1190 (H.B. 3762), Sec. 20, eff. September 1, 2009.|