Tex. Fin. Code Section 154.002
Definitions


In this chapter:

(1)

“Cash advance item” has the meaning assigned by 16 C.F.R. Section 453.1.

(1-a)

“Commission” means the Finance Commission of Texas.

(2)

“Commissioner” means the banking commissioner of Texas.

(3)

“Department” means the Texas Department of Banking.

(4)

“Earnings” means the amount in an account in excess of the amount paid by the purchaser of a prepaid funeral benefits contract that is deposited in the account as provided by Section 154.253 (Deposit of Money Paid or Collected), including accrued interest, accrued income, and enhanced or increased value.

(5)

“Financial institution” has the meaning assigned by Section 201.101 (Definitions).

(6)

“Funeral provider” means the person designated in a prepaid funeral benefits contract that has agreed to provide the specified prepaid funeral benefits.

(6-a)

“Insurance-funded contract” means an insurance-funded prepaid funeral benefits contract.

(7)

“Insurance policy” means a life insurance policy or annuity contract.

(8)

“Person” means an individual, firm, partnership, corporation, or association.

(9)

“Prepaid funeral benefits” means prearranged or prepaid funeral or cemetery services or funeral merchandise, including an alternative container, casket, or outer burial container. The term does not include a grave, marker, monument, tombstone, crypt, niche, plot, or lawn crypt unless it is sold in contemplation of trade for a funeral service or funeral merchandise to which this chapter applies.

(10)

“Seller” means a person selling, accepting money or premiums for, or soliciting contracts for prepaid funeral benefits or contracts or insurance policies to fund prepaid funeral benefits in this state.

(11)

“Crypt,” “grave,” “lawn crypt,” “niche,” and “plot” have the meanings assigned by Section 711.001 (Definitions), Health and Safety Code.

(12)

“Funeral merchandise” or “merchandise” means goods sold or offered for sale on a preneed basis directly to the public for use in connection with funeral services.

(13)

“Funeral service” or “service” means a service sold or offered for sale on a preneed basis that may be used to:

(A)

care for and prepare a deceased human body for burial, cremation, or other final disposition; and

(B)

arrange, supervise, or conduct a funeral ceremony or the final disposition of a deceased human body.

(14)

“Trust-funded contract” means a trust-funded prepaid funeral benefits contract.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.40(a), eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 344, Sec. 2.023, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 867, Sec. 72, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1190 (H.B. 3762), Sec. 1, eff. September 1, 2009.

Source: Section 154.002 — Definitions, https://statutes.­capitol.­texas.­gov/Docs/FI/htm/FI.­154.­htm#154.­002 (accessed May 4, 2024).

154.001
Purpose
154.002
Definitions
154.003
Effect on Insurance Laws
154.004
Group Insurance Contracts
154.051
Administration of Chapter
154.052
Annual Report
154.053
Records
154.054
Examination Fee
154.055
Disclosure of Certain Information
154.056
Payment of Restitution Money
154.101
Permit Requirement
154.102
Permit Application
154.103
Issuance of Permit
154.104
Term of Permit
154.105
Prohibition on Transfer of Permit
154.106
Transfer of Business Ownership
154.107
Required Renewal for Sellers
154.108
Renewal Fee
154.109
Grounds for Cancellation or Suspension of or Refusal to Renew Permit
154.110
Order to Cancel, Suspend, or Refuse to Renew Permit
154.111
Successor Permit Holder
154.131
Brochure
154.132
Website
154.133
Reference or Link to Website
154.151
Form of Contract
154.152
Representations Regarding Approval of Permit Holder
154.153
Allocation of Sales Price
154.154
Agreement to Pay Finance Charge
154.155
Cancellation of Contract
154.156
Waiver of Right of Cancellation
154.157
Performance of Contract
154.158
Enforcement of Contract
154.159
Administration of Money Received
154.160
Agent
154.161
Responsibilities of Funeral Provider
154.201
Requirements for Solicitation of Insurance-funded Benefits
154.202
Execution of Contract in Conjunction with Application for Policy
154.203
Payment of Premiums
154.204
Conversion from Trust-funded Prepaid Funeral Benefits
154.205
Cancellation of Insurance-funded Contract
154.206
Assignment of Right to Benefits
154.207
Receipt of Benefits Payable Under Policy
154.208
Advisory Committee
154.251
Applicability
154.252
Retention of Money for Expenses
154.253
Deposit of Money Paid or Collected
154.254
Amount Payable on Cancellation of Contract
154.255
Standard of Duty of Depository
154.256
Standard of Duty of Trustee
154.257
Investment Plan
154.260
Use of Money to Purchase, Lease, or Invest in Asset Owned by Seller or Funeral Provider
154.261
Withdrawal of Earnings to Pay Certain Expenses
154.262
Withdrawal of Money on Death of Beneficiary
154.263
Withdrawal of Earnings Attributable to Contract
154.264
Accounting Records
154.265
Default Under Certain Contracts
154.301
Presumption of Abandonment
154.302
Notice of Abandoned Money
154.303
Authorization to Withdraw Money
154.304
Delivery to Comptroller of Abandoned Money and Report
154.305
Discharge of Contractual Obligations
154.306
Liability and Obligations of Comptroller
154.307
Recourse of Purchaser or Beneficiary
154.351
Maintenance of Guaranty Fund
154.352
Assessment on Sales Contracts
154.353
Deposit of Fund or Portion of Fund
154.354
Use of Fund Earnings
154.355
Advisory Council
154.356
Assessment on Outstanding Trust-funded Contracts to Pay Claims
154.357
Claim Against Seller, Funeral Provider, or Depository
154.358
Claims Against Fund
154.359
Permissible Uses of Fund
154.360
Subrogation
154.400
Investigation and Subpoena Authority
154.401
Criminal Penalty for Certain Violations of Chapter
154.402
Criminal Penalty Relating to Deposit or Withdrawal of Money
154.403
Criminal Penalty for Failure to File Report
154.404
Criminal Penalty for Failure to Deliver Money to Designated Agent
154.405
Criminal Penalty for Agent’s Failure to Deposit Certain Money
154.406
Administrative Penalty
154.407
Injunctive Relief
154.408
Cease and Desist Order
154.409
Suit by Attorney General
154.410
Quo Warranto Proceedings
154.411
Restitution
154.412
Seizure of Prepaid Funeral Accounts and Records
154.413
Notification of Purchaser
154.414
Liquidation of Business and Affairs of Person Following Seizure of Money and Records
154.415
Prohibition Order
154.416
Application for Release from Prohibition Order
154.1511
Cash Advance Items: Non-guaranteed Merchandise and Services
154.1551
Modification at Time of Funeral
154.2021
Requirements for Insurance Policies
154.3525
Assessment on Insurance-funded Contracts
154.3551
Limit on Liability
154.3565
Assessment on Outstanding Insurance-funded Contracts to Pay Claims
154.3595
Default by Funeral Provider
154.4061
Pattern of Wilful Disregard
154.4081
Emergency Order

Accessed:
May 4, 2024

§ 154.002’s source at texas​.gov