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.