Sec. 154.265. DEFAULT UNDER CERTAIN CONTRACTS. (a) Notwithstanding any other law, the purchaser of a trust-funded prepaid funeral benefits contract may not be considered in default under the contract if:
(1) the purchaser has paid at least 85 percent of the contract price; and
(2) the purchaser was unable to pay due to extenuating financial circumstances.
(b) A funeral provider is not required to provide funeral merchandise or services under a trust-funded prepaid funeral benefits contract unless any remaining balance, including any applicable finance charge, owed under the contract is paid before the funeral service or the funeral provider agrees in writing to another payment arrangement.
(c) This section does not affect a purchaser's right to cancel a trust-funded prepaid funeral benefits contract.
Added by Acts 2009, 81st Leg., R.S., Ch. 263 (H.B. 1468), Sec. 1, eff. September 1, 2009.
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