Sec. 154.263. WITHDRAWAL OF EARNINGS ATTRIBUTABLE TO CONTRACT. On the maturity date of a trust-funded prepaid funeral benefits contract as provided by Section 154.262 and after the funeral provider has performed its obligations under the contract, or at the time of cancellation of the contract as provided by Section 154.155 or 154.254, the seller may withdraw from an account described by Section 154.253:
(1) the proportionate part of the earnings that the amount deposited under the contract bears to the total amount deposited from all unmatured contracts, less the amount of excess earnings that was withdrawn in accordance with prior law; or
(2) if the commissioner has determined that the records of the permit holder are adequate to allow this method to be exercised accurately, an amount equal to the actual earnings on individual matured contracts, less any properly allocated expenses permitted by this subchapter and less the amount of excess earnings that was withdrawn in accordance with prior law.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Structure Texas Statutes
Title 3 - Financial Institutions and Businesses
Subtitle E - Other Financial Businesses
Chapter 154 - Prepaid Funeral Services
Subchapter F. Trust-Funded Prepaid Funeral Benefits
Section 154.251. Applicability
Section 154.252. Retention of Money for Expenses
Section 154.253. Deposit of Money Paid or Collected
Section 154.254. Amount Payable on Cancellation of Contract
Section 154.255. Standard of Duty of Depository
Section 154.256. Standard of Duty of Trustee
Section 154.257. Investment Plan
Section 154.258. Investment and Management of Trust Assets
Section 154.261. Withdrawal of Earnings to Pay Certain Expenses
Section 154.262. Withdrawal of Money on Death of Beneficiary
Section 154.263. Withdrawal of Earnings Attributable to Contract