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Subchapter A. General Provisions
Section 154.001. Purpose - Sec. 154.001. PURPOSE. The purposes of this chapter are to:...
Section 154.002. Definitions - Sec. 154.002. DEFINITIONS. In this chapter: (1) "Cash advance item"...
Section 154.003. Effect on Insurance Laws - Sec. 154.003. EFFECT ON INSURANCE LAWS. Except as provided by...
Section 154.004. Group Insurance Contracts - Sec. 154.004. GROUP INSURANCE CONTRACTS. (a) A life insurance company...
Subchapter B. Powers and Duties of Department
Section 154.051. Administration of Chapter; Fees - Sec. 154.051. ADMINISTRATION OF CHAPTER; FEES. (a) The department shall...
Section 154.052. Annual Report - Sec. 154.052. ANNUAL REPORT. (a) The department may require a...
Section 154.053. Records; Examination - Sec. 154.053. RECORDS; EXAMINATION. (a) A permit holder that has...
Section 154.054. Examination Fee - Sec. 154.054. EXAMINATION FEE. (a) For each examination conducted under...
Section 154.055. Disclosure of Certain Information; Confidentiality - Sec. 154.055. DISCLOSURE OF CERTAIN INFORMATION; CONFIDENTIALITY. (a) Information relating...
Section 154.056. Payment of Restitution Money - Sec. 154.056. PAYMENT OF RESTITUTION MONEY. The department shall pay...
Subchapter C. Permits
Section 154.101. Permit Requirement - Sec. 154.101. PERMIT REQUIREMENT. A person must hold a permit...
Section 154.102. Permit Application; Fee - Sec. 154.102. PERMIT APPLICATION; FEE. To obtain a permit to...
Section 154.103. Issuance of Permit - Sec. 154.103. ISSUANCE OF PERMIT. (a) The commissioner may investigate...
Section 154.104. Term of Permit - Sec. 154.104. TERM OF PERMIT. (a) The commission by rule...
Section 154.105. Prohibition on Transfer of Permit - Sec. 154.105. PROHIBITION ON TRANSFER OF PERMIT. A permit is...
Section 154.106. Transfer of Business Ownership - Sec. 154.106. TRANSFER OF BUSINESS OWNERSHIP. (a) A permit holder...
Section 154.107. Required Renewal for Sellers - Sec. 154.107. REQUIRED RENEWAL FOR SELLERS. (a) A seller that...
Section 154.108. Renewal Fee - Sec. 154.108. RENEWAL FEE. The commission shall set the renewal...
Section 154.109. Grounds for Cancellation or Suspension of or Refusal to Renew Permit - Sec. 154.109. GROUNDS FOR CANCELLATION OR SUSPENSION OF OR REFUSAL...
Section 154.110. Order to Cancel, Suspend, or Refuse to Renew Permit - Sec. 154.110. ORDER TO CANCEL, SUSPEND, OR REFUSE TO RENEW...
Section 154.111. Successor Permit Holder - Sec. 154.111. SUCCESSOR PERMIT HOLDER. (a) The commission shall adopt...
Subchapter C. -1. Presale Disclosures
Section 154.131. Brochure - Sec. 154.131. BROCHURE. (a) A seller, directly or through the...
Section 154.132. Website - Sec. 154.132. WEBSITE. (a) The department shall establish and maintain...
Section 154.133. Reference or Link to Website - Sec. 154.133. REFERENCE OR LINK TO WEBSITE. Any sales literature...
Subchapter D. General Provisions for Sales Contracts
Section 154.151. Form of Contract - Sec. 154.151. FORM OF CONTRACT. (a) The department must approve...
Section 154.1511. Cash Advance Items: Non-Guaranteed Merchandise and Services - Sec. 154.1511. CASH ADVANCE ITEMS: NON-GUARANTEED MERCHANDISE AND SERVICES. (a)...
Section 154.152. Representations Regarding Approval of Permit Holder - Sec. 154.152. REPRESENTATIONS REGARDING APPROVAL OF PERMIT HOLDER. A permit...
Section 154.153. Allocation of Sales Price - Sec. 154.153. ALLOCATION OF SALES PRICE. A seller may not...
Section 154.154. Agreement to Pay Finance Charge - Sec. 154.154. AGREEMENT TO PAY FINANCE CHARGE. A purchaser of...
Section 154.155. Cancellation of Contract - Sec. 154.155. CANCELLATION OF CONTRACT. (a) A purchaser of a...
Section 154.1551. Modification at Time of Funeral - Sec. 154.1551. MODIFICATION AT TIME OF FUNERAL. (a) The funeral...
Section 154.156. Waiver of Right of Cancellation - Sec. 154.156. WAIVER OF RIGHT OF CANCELLATION. (a) The purchaser...
Section 154.157. Performance of Contract - Sec. 154.157. PERFORMANCE OF CONTRACT. Delivery of funeral merchandise before...
Section 154.158. Enforcement of Contract - Sec. 154.158. ENFORCEMENT OF CONTRACT. A seller that violates Section...
Section 154.159. Administration of Money Received - Sec. 154.159. ADMINISTRATION OF MONEY RECEIVED. Money received for prepaid...
Section 154.160. Agent; Deposit of Money - Sec. 154.160. AGENT; DEPOSIT OF MONEY. (a) A seller shall...
Section 154.161. Responsibilities of Funeral Provider - Sec. 154.161. RESPONSIBILITIES OF FUNERAL PROVIDER. (a) The funeral provider...
Subchapter E. Insurance-Funded Prepaid Funeral Benefits
Section 154.201. Requirements for Solicitation of Insurance-Funded Benefits - Sec. 154.201. REQUIREMENTS FOR SOLICITATION OF INSURANCE-FUNDED BENEFITS. A seller...
Section 154.202. Execution of Contract in Conjunction With Application for Policy - Sec. 154.202. EXECUTION OF CONTRACT IN CONJUNCTION WITH APPLICATION FOR...
Section 154.2021. Requirements for Insurance Policies - Sec. 154.2021. REQUIREMENTS FOR INSURANCE POLICIES. (a) An insurance policy...
Section 154.203. Payment of Premiums - Sec. 154.203. PAYMENT OF PREMIUMS. (a) The premiums for an...
Section 154.204. Conversion From Trust-Funded Prepaid Funeral Benefits - Sec. 154.204. CONVERSION FROM TRUST-FUNDED PREPAID FUNERAL BENEFITS. (a) The...
Section 154.205. Cancellation of Insurance-Funded Contract - Sec. 154.205. CANCELLATION OF INSURANCE-FUNDED CONTRACT. (a) A purchaser of...
Section 154.206. Assignment of Right to Benefits - Sec. 154.206. ASSIGNMENT OF RIGHT TO BENEFITS. (a) The purchaser...
Section 154.207. Receipt of Benefits Payable Under Policy - Sec. 154.207. RECEIPT OF BENEFITS PAYABLE UNDER POLICY. (a) A...
Section 154.208. Advisory Committee - Sec. 154.208. ADVISORY COMMITTEE. (a) The commissioner shall appoint an...
Subchapter F. Trust-Funded Prepaid Funeral Benefits
Section 154.251. Applicability - Sec. 154.251. APPLICABILITY. (a) This subchapter applies only to money...
Section 154.252. Retention of Money for Expenses - Sec. 154.252. RETENTION OF MONEY FOR EXPENSES. The seller of...
Section 154.253. Deposit of Money Paid or Collected - Sec. 154.253. DEPOSIT OF MONEY PAID OR COLLECTED. (a) Not...
Section 154.254. Amount Payable on Cancellation of Contract - Sec. 154.254. AMOUNT PAYABLE ON CANCELLATION OF CONTRACT. A purchaser...
Section 154.255. Standard of Duty of Depository - Sec. 154.255. STANDARD OF DUTY OF DEPOSITORY. A depository described...
Section 154.256. Standard of Duty of Trustee - Sec. 154.256. STANDARD OF DUTY OF TRUSTEE. A trustee described...
Section 154.257. Investment Plan - Sec. 154.257. INVESTMENT PLAN. (a) A permit holder or trustee,...
Section 154.258. Investment and Management of Trust Assets - Sec. 154.258. INVESTMENT AND MANAGEMENT OF TRUST ASSETS. (a) The...
Section 154.260. Use of Money to Purchase, Lease, or Invest in Asset Owned by Seller or Funeral Provider - Sec. 154.260. USE OF MONEY TO PURCHASE, LEASE, OR INVEST...
Section 154.261. Withdrawal of Earnings to Pay Certain Expenses - Sec. 154.261. WITHDRAWAL OF EARNINGS TO PAY CERTAIN EXPENSES. (a)...
Section 154.262. Withdrawal of Money on Death of Beneficiary - Sec. 154.262. WITHDRAWAL OF MONEY ON DEATH OF BENEFICIARY. (a)...
Section 154.263. Withdrawal of Earnings Attributable to Contract - Sec. 154.263. WITHDRAWAL OF EARNINGS ATTRIBUTABLE TO CONTRACT. On the...
Section 154.264. Accounting Records - Sec. 154.264. ACCOUNTING RECORDS. A seller shall maintain accounting records...
Section 154.265. Default Under Certain Contracts - Sec. 154.265. DEFAULT UNDER CERTAIN CONTRACTS. (a) Notwithstanding any other...
Subchapter G. Abandoned Contracts
Section 154.301. Presumption of Abandonment - Sec. 154.301. PRESUMPTION OF ABANDONMENT. (a) Money paid by a...
Section 154.302. Notice of Abandoned Money - Sec. 154.302. NOTICE OF ABANDONED MONEY. On March 1 of...
Section 154.303. Authorization to Withdraw Money - Sec. 154.303. AUTHORIZATION TO WITHDRAW MONEY. (a) Not later than...
Section 154.304. Delivery to Comptroller of Abandoned Money and Report - Sec. 154.304. DELIVERY TO COMPTROLLER OF ABANDONED MONEY AND REPORT....
Section 154.305. Discharge of Contractual Obligations; Indemnity of Seller - Sec. 154.305. DISCHARGE OF CONTRACTUAL OBLIGATIONS; INDEMNITY OF SELLER. (a)...
Section 154.306. Liability and Obligations of Comptroller - Sec. 154.306. LIABILITY AND OBLIGATIONS OF COMPTROLLER. (a) The comptroller...
Section 154.307. Recourse of Purchaser or Beneficiary - Sec. 154.307. RECOURSE OF PURCHASER OR BENEFICIARY. A purchaser's or...
Subchapter H. Guaranty Fund
Section 154.351. Maintenance of Guaranty Fund - Sec. 154.351. MAINTENANCE OF GUARANTY FUND. (a) The commission by...
Section 154.352. Assessment on Sales Contracts - Sec. 154.352. ASSESSMENT ON SALES CONTRACTS. (a) The department shall...
Section 154.3525. Assessment on Insurance-Funded Contracts - Sec. 154.3525. ASSESSMENT ON INSURANCE-FUNDED CONTRACTS. (a) The department shall...
Section 154.353. Deposit of Fund or Portion of Fund - Sec. 154.353. DEPOSIT OF FUND OR PORTION OF FUND. (a)...
Section 154.354. Use of Fund Earnings - Sec. 154.354. USE OF FUND EARNINGS. The department may use...
Section 154.355. Advisory Council - Sec. 154.355. ADVISORY COUNCIL. (a) An advisory council composed of...
Section 154.3551. Limit on Liability - Sec. 154.3551. LIMIT ON LIABILITY. (a) A member of the...
Section 154.356. Assessment on Outstanding Trust-Funded Contracts to Pay Claims - Sec. 154.356. ASSESSMENT ON OUTSTANDING TRUST-FUNDED CONTRACTS TO PAY CLAIMS....
Section 154.3565. Assessment on Outstanding Insurance-Funded Contracts to Pay Claims - Sec. 154.3565. ASSESSMENT ON OUTSTANDING INSURANCE-FUNDED CONTRACTS TO PAY CLAIMS....
Section 154.357. Claim Against Seller, Funeral Provider, or Depository - Sec. 154.357. CLAIM AGAINST SELLER, FUNERAL PROVIDER, OR DEPOSITORY. The...
Section 154.358. Claims Against Fund - Sec. 154.358. CLAIMS AGAINST FUND. (a) The payment of a...
Section 154.359. Permissible Uses of Fund - Sec. 154.359. PERMISSIBLE USES OF FUND. (a) In addition to...
Section 154.3595. Default by Funeral Provider - Sec. 154.3595. DEFAULT BY FUNERAL PROVIDER. (a) This section applies...
Section 154.360. Subrogation - Sec. 154.360. SUBROGATION. (a) A person receiving a benefit under...
Subchapter I. Criminal Penalties and Civil Remedies
Section 154.400. Investigation and Subpoena Authority - Sec. 154.400. INVESTIGATION AND SUBPOENA AUTHORITY. (a) If the commissioner...
Section 154.401. Criminal Penalty for Certain Violations of Chapter - Sec. 154.401. CRIMINAL PENALTY FOR CERTAIN VIOLATIONS OF CHAPTER. (a)...
Section 154.402. Criminal Penalty Relating to Deposit or Withdrawal of Money - Sec. 154.402. CRIMINAL PENALTY RELATING TO DEPOSIT OR WITHDRAWAL OF...
Section 154.403. Criminal Penalty for Failure to File Report - Sec. 154.403. CRIMINAL PENALTY FOR FAILURE TO FILE REPORT. (a)...
Section 154.404. Criminal Penalty for Failure to Deliver Money to Designated Agent - Sec. 154.404. CRIMINAL PENALTY FOR FAILURE TO DELIVER MONEY TO...
Section 154.405. Criminal Penalty for Agent's Failure to Deposit Certain Money - Sec. 154.405. CRIMINAL PENALTY FOR AGENT'S FAILURE TO DEPOSIT CERTAIN...
Section 154.406. Administrative Penalty - Sec. 154.406. ADMINISTRATIVE PENALTY. (a) After notice and opportunity for...
Section 154.4061. Pattern of Wilful Disregard - Sec. 154.4061. PATTERN OF WILFUL DISREGARD. (a) If, after a...
Section 154.407. Injunctive Relief - Sec. 154.407. INJUNCTIVE RELIEF. The commissioner may sue in a...
Section 154.408. Cease and Desist Order - Sec. 154.408. CEASE AND DESIST ORDER. (a) The commissioner may...
Section 154.4081. Emergency Order - Sec. 154.4081. EMERGENCY ORDER. (a) The commissioner may issue an...
Section 154.409. Suit by Attorney General - Sec. 154.409. SUIT BY ATTORNEY GENERAL. (a) The department may...
Section 154.410. Quo Warranto Proceedings - Sec. 154.410. QUO WARRANTO PROCEEDINGS. (a) The attorney general may...
Section 154.411. Restitution - Sec. 154.411. RESTITUTION. The commissioner may issue an order to...
Section 154.412. Seizure of Prepaid Funeral Accounts and Records - Sec. 154.412. SEIZURE OF PREPAID FUNERAL ACCOUNTS AND RECORDS. (a)...
Section 154.413. Notification of Purchaser - Sec. 154.413. NOTIFICATION OF PURCHASER. Not later than the 30th...
Section 154.414. Liquidation of Business and Affairs of Person Following Seizure of Money and Records - Sec. 154.414. LIQUIDATION OF BUSINESS AND AFFAIRS OF PERSON FOLLOWING...
Section 154.415. Prohibition Order - Sec. 154.415. PROHIBITION ORDER. (a) The commissioner may prohibit a...
Section 154.416. Application for Release From Prohibition Order - Sec. 154.416. APPLICATION FOR RELEASE FROM PROHIBITION ORDER. (a) After...