Sec. 154.156. WAIVER OF RIGHT OF CANCELLATION. (a) The purchaser of a prepaid funeral benefits contract may irrevocably waive the purchaser's right to cancel the contract under Section 154.155. The waiver must be in a separate writing signed by the purchaser and the seller and must comply with the plain language requirements for the form of a sales contract under Section 154.151.
(b) A waiver made under this section does not affect:
(1) a right the purchaser has under the contract to change the beneficiary of the contract;
(2) the purchaser's right to cancel the contract under Section 154.413;
(3) an abandonment of the money paid by the purchaser under the contract as provided by Subchapter G; or
(4) a modification to the contract as provided by Section 154.1551.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 699, Sec. 9, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1190 (H.B. 3762), Sec. 12, eff. September 1, 2009.
Structure Texas Statutes
Title 3 - Financial Institutions and Businesses
Subtitle E - Other Financial Businesses
Chapter 154 - Prepaid Funeral Services
Subchapter D. General Provisions for Sales Contracts
Section 154.151. Form of Contract
Section 154.1511. Cash Advance Items: Non-Guaranteed Merchandise and Services
Section 154.152. Representations Regarding Approval of Permit Holder
Section 154.153. Allocation of Sales Price
Section 154.154. Agreement to Pay Finance Charge
Section 154.155. Cancellation of Contract
Section 154.1551. Modification at Time of Funeral
Section 154.156. Waiver of Right of Cancellation
Section 154.157. Performance of Contract
Section 154.158. Enforcement of Contract
Section 154.159. Administration of Money Received