HBA-TYH H.B. 2255 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2255 By: Swinford Business & Industry 3/28/1999 Introduced BACKGROUND AND PURPOSE Funeral homes in Texas are regulated by the Texas Funeral Service Commission. However, cemeteries and funeral product suppliers are not regulated. Because of this discrepancy, discount casket suppliers and cemeteries can sell caskets to the public without full disclosure of prices or quality, while funeral homes offering the same products must have a price listing of all available caskets, keep at least five caskets on display, and include the three least expensive models in the display. While funeral homes must disclose material, workmanship, and structural integrity of caskets, discount suppliers do not operate under such requirements. H.B. 2255 brings the entire funeral industry under the same codes and licensing authority, and requires the least expensive casket to be displayed in the same manner as the majority of the other caskets. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Funeral Service Commission in SECTION 2 (Section 4, Article 4582b, V.T.C.S.) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subsection C, Section 4, Article 4582b, V.T.C.S., to require each funeral establishment to have a physical plant, equipment, and personnel consisting of the enumerated items, including a display containing sufficient merchandise to permit reasonable selection, including five or more adult caskets, two of which must be full-size, with the least expensive casket displayed in the same general manner as the majority of the other caskets displayed. Deletes text requiring the least expensive casket offered for sale by a funeral establishment to be visibly displayed without concealment. Makes conforming changes. SECTION 2. Amends Section 4, Article 4582b, V.T.C.S., by adding Subsection K, as follows: K. Provides that a person, including a business entity, that is not a funeral establishment for purposes of this Act but that sells funeral merchandise or caskets to the public, including a casket store or a cemetery, is subject to the provisions of this section relating to the sale to the public of funeral merchandise or caskets. Requires the Texas Funeral Service Commission to adopt rules as necessary to implement the subsection. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.