Texas Occupations Code 651.406 – Purchase Agreement; Funeral Establishment
(a) A purchase agreement must state:
(1) the name, address, and telephone number of the funeral establishment;
(2) the amount paid or owed to another person by the funeral establishment on behalf of the customer and each fee charged the customer for the cost of advancing funds or becoming indebted to another person on behalf of the customer;
(3) the printed notice required by Subsection (b);
(4) the name, mailing address, and telephone number of the commission; and
(5) a statement that complaints may be directed to the commission.
(b) The purchase agreement must contain the following printed notice: “Charges are only for those items that you selected or that are required. If we are required by law or by a cemetery or crematory to use any items, we will explain the reasons in writing below.”
Terms Used In Texas Occupations Code 651.406
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
(c) The purchase agreement shall be signed by the funeral director making the arrangements.
(d) If the customer selects a package arrangement based on unit pricing, the itemization requirement is satisfied by providing a purchase agreement that itemizes the discount provided by the package arrangement.
(e) A funeral establishment that receives a dead human body transferred from another funeral establishment shall include in the purchase agreement any amount owed by the customer to the transferring funeral establishment. The recipient funeral establishment shall remit to the transferring funeral establishment any amount collected on behalf of the transferring funeral establishment.