Section 201.4 - DefinitionsThe following words and terms, when used in Tex. Admin. Code, Title 22, Part 10, shall have the following meanings:
(1) Advertising--The act of making publicly and generally known: the act of announcing publicly especially by a printed notice, electronic medium or a broadcast.(2) Alternative container--An unfinished wood box or other non-metal receptacle or enclosure, without ornamentation or a fixed interior lining, which is designed for the encasement of human remains and which is made of fiberboard, pressed-wood, composition materials (with or without an outside covering) or like materials.(3) At-need--The time of need of funeral services or merchandise when a human being has become deceased.(4) Cash Advance item--Any item of service or merchandise described to a purchaser as a "cash advance", "accommodation", "cash disbursement" or similar term. A cash advance item is also any item obtained from a third party and paid for by the funeral provider on the purchaser's behalf. Cash advance items may include, but are not limited to: cemetery or crematory services; pallbearers; public transportation; clergy honoraria; flowers; musicians or singers; nurses; obituary notices; gratuities and death certificates.(5) Casket--A rigid container which is designed for the encasement of human remains and which is usually constructed of wood, metal, fiberglass, plastic, or like material, and ornamented and lined with fabric.(6) Commission--The Texas Funeral Service Commission.(7) Cremation--A heating process which incinerates human remains.(8) Cremation Society--A resource for sharing a common interest of learning about cremation and providing consumers the assistance to locate cremation providers in their local area or outside their local area.(9) Direct Cremation--Disposition of human remains by cremation, without formal viewing, visitation, or ceremony with the body present.(10) Funeral ceremony--A service commemorating the deceased with the body present.(11) Funeral goods--Goods which are sold or offered for sale directly to the public for use in connection with funeral services. Also referred to as funeral merchandise.(12) Funeral provider--Any person, partnership or corporation that sells or offers to sell funeral merchandise and funeral services to the public at need.(13) Graveside service--A funeral ceremony with the body present held at the burial site.(14) Holding the body hostage--Refusing for any reason to transfer or allow the transfer of a dead human body to the person responsible for making arrangements for final disposition.(15) Immediate burial--Disposition of human remains by burial, without formal viewing, visitation, or ceremony with the body present, except for a graveside service.(16) Memorial service--A ceremony commemorating the deceased without the body present.(17) Morgue--A place where bodies of unidentified persons or those who have died of violence or unknown causes are kept until release for burial or other lawful disposition.(18) Person--Any individual, partnership, corporation, association, government or governmental subdivision or agency or other entity.(19) Pre-need--Prearranged or prepaid funeral or cemetery services or funeral merchandise, including an alternative container, casket, or outer burial container. The term does not include a grave, marker, monument, tombstone, crypt, niche, plot, or lawn crypt unless it is sold in contemplation of trade for funeral services or funeral merchandise as defined by Finance Code Chapter 154.(20) Refrigeration of body--Maintenance of an unembalmed dead human body at a temperature of 34-40 degrees Fahrenheit.(21) SOAH--The State Office of Administrative Hearings.(22) Unreasonable Time--The retention of excess funds for a period that exceeds ten days from the time the funds were received by the funeral establishment or its agent.22 Tex. Admin. Code § 201.4
The provisions of this §201.4 adopted to be effective March 5, 2003, 28 TexReg 1885; Adopted by Texas Register, Volume 40, Number 41, October 9, 2015, TexReg 7065, eff. 10/18/2015