SECTION 25.9. Package Sales

(a) For purposes of this section, the term "package sale" means a grouping of multiple funeral goods and services which is offered to the purchaser at a single price.

(b) Each good or service included in a package sale may have its individual value listed on the prepaid contract.

(1) If individual values are listed, and the package price is different than the sum of the listed values of each good or service included in the package sale, the contract must represent the package sale by listing a discount, credit, or price adjustment representing the difference.

(2) If individual values are listed, the value assigned to any funeral good or service included in a package sale, minus a proportional fraction of the package discount or credit, must be used:

(A) for purposes of compliance with Finance Code §154.1551 in the event of modification after the death of the beneficiary; and

(B) as the "agreed price" for purposes of preparing a written pre-need to at-need reconciliation under Finance Code §154.161(a)(2)(B).

(c) If individual values are not listed for each good or service included in a package sale, the word "included" must be listed for each item, provided that the following disclosure statement be made: "No refund or credit will be issued for package sale goods or services which remain unused by the customer at the time of need."

(1) Such disclosure statement may be included in the contract form, the provider's price list, or provided as an addendum. If included in the contract form, the disclosure statement must be included on page one or two of the contract. If included on the price list, the disclosure statement must be on each package price page. If provided as an addendum to the contract, it must be signed by both parties.

(2) In the event of modification after the death of the beneficiary, prices of funeral goods and services at the time of death must be used for purposes of compliance with Finance Code §154.1551.

(d) This section is effective for contracts executed after January 31, 2012.

Source Note: The provisions of this §25.9 adopted to be effective January 5, 2012, 36 TexReg 9284