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89(R) HB 1094 - Enrolled version - Bill Text
H.B. No. 1094
AN ACT
relating to the regulation of transportation protection
agreements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 154.002, Finance Code, is amended by
amending Subdivisions (9) and (13) and adding Subdivision (15) to
read as follows:
(9) "Prepaid funeral benefits" means 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)
a grave, marker, monument, tombstone, crypt,
niche, plot, or lawn crypt unless it is sold in contemplation of
trade for a funeral service or funeral merchandise to which this
chapter applies
; or
(B) a transportation protection agreement
.
(13) "Funeral service" or "service"
:
(A)
means a service sold or offered for sale on a
preneed basis that may be used to:
(i)
[
(A)
] care for and prepare a deceased
human body for burial, cremation, or other final disposition; and
(ii)
[
(B)
] arrange, supervise, or conduct a
funeral ceremony or the final disposition of a deceased human body
;
and
(B)
does not include a service provided under a
transportation protection agreement
.
(15)
"Transportation protection agreement" has the
meaning assigned by Section 101.056, Insurance Code.
SECTION 2. Subchapter B, Chapter 101, Insurance Code, is
amended by adding Section 101.056 to read as follows:
Sec.
101.056.
TRANSPORTATION PROTECTION AGREEMENTS;
EXEMPTION FROM INSURANCE LAW.
(a)
In this section:
(1)
"Seller" has the meaning assigned by Section
154.002, Finance Code.
(2)
"Transportation protection agreement" means an
agreement to pay for transportation of a deceased human body from
the place of death to a licensed holding facility or licensed
crematory, if the place of death is more than 75 miles from the
location of the licensed facility that will provide the funeral
services.
(b) A transportation protection agreement sold by a seller:
(1)
does not constitute the business of insurance in
this state; and
(2)
is otherwise exempt from the requirements of this
code.
SECTION 3. This Act takes effect September 1, 2025.
______________________________
______________________________
President of the Senate
Speaker of the House
I certify that H.B. No. 1094 was passed by the House on April
10, 2025, by the following vote: Yeas 142, Nays 4, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1094 was passed by the Senate on May
29, 2025, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor