or that are required. If we are required by law to use any items, we will explain the reasons in writing below.” (c) Repealed, eff. September 1, 2019. (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. Sec. 651.407. Use of Body by School of Mortuary Science (a) A school or college of mortuary science may not use a dead human body for educational or instructional purposes without the written consent of a person authorized to consent to the use. (b) A funeral director or embalmer may not release a dead human body for delivery to a school or college of mortuary science, and a school or college of mortuary science may not accept a dead human body, without possession of the written consent required by Subsection (a). (c) The funeral establishment shall retain a copy of the written consent for at least two years and shall make the records of the funeral establishment reasonably available for inspection by: (1) The commission; (d) The school or college of mortuary science shall retain a copy of the written consent permanently and shall make the records of the school or college of mortuary science reasonably available for inspection by the commission. (e) A written consent form used under this section must contain, in the same size print as the remainder of the form, the following statement immediately above the signature line for the form: “The undersigned authorizes and directs the funeral establishment, including apprentices, and mortuary students under the direct supervision of a licensed embalmer, and the funeral establishment’s employees, independent contractors, and agents to care for, embalm, and prepare the body of the decedent. The undersigned acknowledges that this authorization encompasses permission to embalm at the funeral establishment or at another facility equipped for embalming, including a school or college of mortuary science.” (f) This section does not apply to a dead human body obtained by a school or college of mortuary science under Chapter 691 or 692A, Health and Safety Code. Sec. 651.408. Use of Cemetery and Crematory Services The fact that a funeral director contracts for cemetery or crematory services, including as part of a package arrangement, does not limit the director’s liability to the customer for those services. Sec. 651.4085. Interment or Entombment (a) A funeral director who contracts with a customer to perform funeral directing under this chapter, or an agent of the funeral establishment, shall be present when the casket containing the human body to which the contract applies is placed in a grave, crypt, or burial vault unless interment or entombment takes place at a location outside this state. (b) The funeral directing duties related to interment or entombment services are complete when the casket is placed in a grave, crypt, or burial vault. Sec. 651.409. Notice to Next of Kin of Deceased Peace Officer (2) The person who provided the consent; and (3) The next of kin of the deceased person. A funeral director who prepares a deceased peace officer for burial or other disposition shall make every effort to advise the next of kin of the officer that who at the time of death was a peace officer or an honorably retired peace officer who voluntarily terminated employment with a law enforcement agency of this state or a political subdivision of this state is eligible on request to receive a state flag from the Texas Commission on Law Enforcement at no cost to the next of kin.
provide describing the funeral goods and services you selected.” Sec. 651.4055. Retail Price List; Crematory (a) In this section, “retail price list” means a printed or typewritten list of the retail price of items or services provided by a crematory. (b) A retail price list must contain: (1) The name, address, and telephone number of the crematory; (2) The effective date for the stated prices; (3) Notice required by Subsection (c); and (4) Any other items that the commission may by rule require. (c) The retail price must contain the following printed notice: “The goods and services shown below are those we can provide to our customers. You may choose only the items you desire. If legal or other requirements mean you must buy any items you did not specifically ask for, we will explain the reason in writing on the statement we provide describing the goods and services you selected.” Sec. 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.” (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. Sec. 651.4065. Purchase Agreement; Crematory (a) A purchase agreement must state: (1) The name, address, and telephone number of the crematory; (2) The amount paid or owed to another person by the crematory 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; (5) A statement that complaints may be directed to the commission; and (6) Any other items that the commission may by rule require. (b) The purchase agreement must contain the following printed notice: “Charges are only for those items that you selected
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Book Code: FTX1624
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