Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 203 - LICENSING AND ENFORCEMENT-SPECIFIC SUBSTANTIVE RULES › Subchapter C - ENFORCEMENT › Section 203.46 - Price Disclosure

Current through Reg. 49, No. 28; July 12, 2024
(a) In selling
				  or offering to sell funeral goods or funeral services to the public it is an
				  unfair or deceptive act or practice for a funeral provider to fail to furnish
				  accurate price information disclosing the cost to the purchaser or prospective
				  customer for each of the specific funeral goods and funeral services used in
				  connection with the disposition of deceased human bodies. Such price
				  information must include at least the price of embalming, transportation of
				  remains, use of facilities, caskets, outer burial containers, urns, immediate
				  burials, or direct cremations. Any funeral provider who complies with the
				  preventive requirements in subsection (b) of this section is not engaged in the
				  unfair or deceptive acts or practices defined here.
(b) To prevent these unfair or deceptive acts
				  or practices, as well as the unfair or deceptive acts or practices defined in
				  § 203.49(b)(1) of this title, funeral providers must:
(1) Telephone price disclosure. Tell persons
				  who ask by telephone about the funeral provider's offerings or prices any
				  accurate information from the price lists described in paragraphs (2) - (5) of
				  this subsection and any other readily available information that reasonably
				  answers the question.
(2) Casket
				  price list.
(A) Give a printed or typewritten
				  price list to people who inquire in person about the offerings or prices of
				  caskets or alternative containers. The funeral provider must offer the list
				  upon beginning discussion of, but in any event before showing caskets. In lieu
				  of a written list, other formats, such as notebooks, brochures, or charts may
				  be used if they contain the same information as would the printed or
				  typewritten list, and display it in a clear and conspicuous manner. Provided,
				  however, that funeral providers do not have to make a casket price list
				  available if the funeral providers place on the general price list, specified
				  in paragraph (5) of this subsection, the information required by this
				  subsection.
(B) The list must
				  contain the effective date and the retail prices of all caskets and alternative
				  containers offered which do not require special ordering, and must include, at
				  a minimum, 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.,
				  such as cardboard or corrugated wood;
(ii) The type of sealing feature, e.g.,
				  sealer, non-sealer, gasketed, or non-gasketed, if specified on the funeral
				  provider's general price list; and
(iii) The material lining the interior of the
				  casket, e.g., crepe, velvet, satin, twill or silk.
(C) Place on the list, however produced, the
				  name of the funeral provider's place of business and a caption describing the
				  list as a "casket price list."
(3) Outer burial container price list.
(A) Give a printed or typewritten price list
				  to persons who inquire in person about outer burial container offerings or
				  prices. The funeral provider must offer the list upon beginning discussion of,
				  but in any event before showing the containers. The list must contain at least
				  the retail prices of all outer burial containers offered which do not require
				  special ordering, enough information to identify each container, and the
				  effective date for the prices listed. In lieu of a written list, the funeral
				  provider may use other formats, such as notebooks, brochures, or charts, if
				  they contain the same information as the printed or typewritten list, and
				  display it in a clear and conspicuous manner. Provided, however, that funeral
				  providers do not have to make an outer burial container price list available if
				  the funeral providers place on the general price list, specified in paragraph
				  (5) of this subsection, the information required by this subsection. 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 predominantly 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; or
(V) other specifically named material;
				  and
(ii) The type of
				  sealing feature, e.g., sealer, non-sealer, gasketed, or non-gasketed, if
				  specified on the funeral establishment price list.
(B) Place on the list, however produced, the
				  name of the funeral provider's place of business, address, and telephone
				  number, and a caption describing the list as an "outer burial container price
				  list."
(4) Urn price
				  list.
(A) Give a printed or typewritten price
				  list to persons who inquire in person about urn offerings or prices. The
				  funeral provider must offer the list upon beginning discussion of, but in any
				  event, before showing the containers. The list must contain at least the retail
				  prices of all urns offered which do not require special ordering, 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 caste bronze, whichever is applicable. The price
				  list must include the effective date for the prices listed. In lieu of a
				  written list, the funeral provider may use other formats, such as notebooks,
				  brochures, or charts, if they contain the same information as the printed or
				  typewritten list, and display it in a clear and conspicuous manner. Provided,
				  however, that funeral providers do not have to make an urn price list available
				  if the funeral providers place on the general price list, specified in
				  paragraph (5) of this subsection, the information required by this
				  subsection.
(B) Place on the list,
				  however produced, the name of the funeral provider's place of business, address
				  and telephone number and a caption describing the list as an "urn price
				  list."
(5) General price
				  list.
(A) Availability of general price list.
(i) Give a printed or typewritten price list
				  for retention to persons who inquire in person about the funeral goods, funeral
				  services or prices of funeral goods or services offered by the funeral
				  provider. The funeral provider must give the list upon beginning discussion of
				  any of the following:
(I) the prices of
				  funeral goods or funeral services;
(II) the overall type of funeral service or
				  disposition; or
(III) specific
				  funeral goods or funeral services offered by the funeral provider.
(ii) The requirement in clause (i)
				  of this subparagraph applies whether the discussion takes place in the funeral
				  home or elsewhere. Provided, however, that when the deceased is removed for
				  transportation to the funeral home, an in-person request at that time for
				  authorization to embalm, required by § 203.50(a)(2) of this title, does
				  not, by itself, trigger the requirement to offer the general price list if the
				  provider in seeking prior embalming approval discloses that embalming is not
				  required by law except in certain special cases, if any. Any other discussion
				  during that time about prices or the selection of funeral goods or services
				  triggers the requirement under clause (i) of this subparagraph to give
				  consumers a general price list.
(iii) The list required in clause (i) of this
				  subparagraph must contain at least the following information:
(I) the name, address, and telephone number
				  of the funeral provider's place of business;
(II) a caption describing the list as a
				  "general price list"; and
(III) the
				  effective date for the price list.
(B) Include on the price list, in any order,
				  the retail prices (expressed either as the flat fee, or as the price per hour,
				  mile or other unit of computation) and the other information specified below
				  for at least each of the following items, if offered for sale:
(i) forwarding of remains to another funeral
				  home, together with a list of the services provided for any quoted
				  price;
(ii) receiving remains from
				  another funeral home, together with a list of the services provided for any
				  quoted price;
(iii) the price range
				  for the direct cremations offered by the funeral provider, together with:
(I) a separate price for a direct cremation
				  where the purchaser provides the container;
(II) separate prices for each direct
				  cremation offered including an alternative container; and
(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.