Sec. 154.358. CLAIMS AGAINST FUND. (a) The payment of a claim or expense from the fund is a matter of privilege and not of right, and a person does not have a vested right in the fund as a beneficiary or otherwise.
(b) A claim against the fund may be made by:
(1) a purchaser of a prepaid funeral benefits contract;
(2) a purchaser's estate;
(3) a permit holder or funeral provider who assumes or performs a contract; or
(4) a claimant for the benefit of a group of purchasers of prepaid funeral benefits contracts as part of a plan to arrange for another permit holder or funeral provider to assume the contract obligations.
(c) An approved claim or expense relating to a trust-funded contract may be paid only from the fund's trust-funded contract account. An approved claim or expense relating to an insurance-funded contract may be paid only from the fund's insurance-funded contract account.
Added by Acts 2009, 81st Leg., R.S., Ch. 1190 (H.B. 3762), Sec. 29, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 559 (H.B. 3004), Sec. 5, eff. June 17, 2011.
Structure Texas Statutes
Title 3 - Financial Institutions and Businesses
Subtitle E - Other Financial Businesses
Chapter 154 - Prepaid Funeral Services
Section 154.351. Maintenance of Guaranty Fund
Section 154.352. Assessment on Sales Contracts
Section 154.3525. Assessment on Insurance-Funded Contracts
Section 154.353. Deposit of Fund or Portion of Fund
Section 154.354. Use of Fund Earnings
Section 154.355. Advisory Council
Section 154.3551. Limit on Liability
Section 154.356. Assessment on Outstanding Trust-Funded Contracts to Pay Claims
Section 154.3565. Assessment on Outstanding Insurance-Funded Contracts to Pay Claims
Section 154.357. Claim Against Seller, Funeral Provider, or Depository
Section 154.358. Claims Against Fund
Section 154.359. Permissible Uses of Fund