Tex. Fin. Code Section 154.208
Advisory Committee


(a)

The commissioner shall appoint an advisory committee to review and make recommendations regarding the technical procedures and processes employed by the department to regulate insurance-funded prepaid funeral benefits and monitor compliance of sellers of insurance-funded contracts under this chapter, including recommendations relating to:

(1)

the relevance and usefulness of records that the department requires a seller to maintain for examination purposes;

(2)

the existence and identification of any specific record that an insurance company is required to maintain and produce under the Insurance Code that could be substituted as a record that meets the objectives and requirements of the department under this chapter;

(3)

the scope, efficiency, and effectiveness of examination procedures employed by the department to verify compliance with this chapter; and

(4)

any other matter submitted to the committee by the commissioner.

(b)

The advisory committee is composed of eight members appointed by the commissioner as follows:

(1)

two representatives of the department;

(2)

two representatives of funeral providers that actively sell and service insurance-funded contracts in this state; and

(3)

four representatives of permit holders that actively sell insurance-funded contracts in this state, provided that representation should be reasonably balanced to include permit holders that sell for domestic insurance companies, foreign insurance companies, small insurance companies, and large insurance companies.

(c)

At the request of the commissioner, the commissioner of insurance may appoint a representative of the Texas Department of Insurance to serve on the advisory committee.

(d)

Not later than the 30th day after the date all of the initial appointments to the advisory committee have been made, the advisory committee shall meet and select a presiding officer. After the initial meeting, the advisory committee shall meet as necessary at the call of the commissioner.

(e)

A member of the advisory committee serves without compensation. If authorized by the commissioner, a member of the advisory committee is entitled to reimbursement for reasonable expenses incurred in attending committee meetings.

(f)

A recommendation of the advisory committee does not supersede the regulatory authority of the commissioner or the rulemaking authority of the commission under this chapter. The commissioner shall notify the commission of each recommendation of the advisory committee and the reasons for the recommendation.
Added by Acts 2009, 81st Leg., R.S., Ch. 1190 (H.B. 3762), Sec. 21, eff. September 1, 2009.

Source: Section 154.208 — Advisory Committee, https://statutes.­capitol.­texas.­gov/Docs/FI/htm/FI.­154.­htm#154.­208 (accessed Jun. 5, 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:
Jun. 5, 2024

§ 154.208’s source at texas​.gov