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Laws and Other Information

Facts About Funerals

Consumer Information

Texas Funeral Service Commission
510 South Congress, Ste. 206
Austin, Texas 78704-1716
512-479-7222
TDD: 1-800-RELAY TX

What can be done prior to death occurring?

Record your wishes, advise family members and even prearrange with your funeral director.

What should one do when a death occurs?

Arrangements for disposition of the deceased generally can be made by a spouse, next of kin or legal representative.

The normal sequence of events for handling a death is as follows:

1. Death must be pronounced by a coroner, medical examiner or attending physician.
2. Contact relatives.
3. Locate deceased's letter of direction, prepaid funeral contract, insurance policy or will.
4. Contact a funeral director.
5. When a death occurs out of state or country, it is advisable that you immediately contact a funeral director in your local area who will know the requirements that must be met, as well as help prevent duplication of service costs.

Human remains can be buried, entombed, cremated, or donated for scientific study.

What is embalming and its purpose?

Embalming is the use of chemicals, internally and externally, to disinfect and temporarily preserve the body for open casket viewing and/or for the removal of the body to distant destinations.

Does the law require that a dead human body be embalmed?

No, Texas law does not require embalming at any time. Most common carriers will require that a body be embalmed prior to shipping and the laws of the destination state will apply. Because of the rapid deterioration of a body after death, many funeral homes have a policy of requiring embalming for bodies held over 24 hours for those people desiring open casket funerals.

How are remains donated?

Donation of dead human bodies to medical facilities can be made either directly to the facility, through a funeral establishment or by contacting:

Anatomical Board, State of Texas
UT Medical Branch H43
Galveston, Texas 77550
(409)772-1293 or (409) 772-1924

Can I donate my organs without donating my entire body?

Yes. A gift of all or part of the body may be made by a proper document and/or the instructions made known to relatives or responsible persons.

Can I change my mind about donating my body or my organs after I commit myself?

Yes. At any time prior to death, a person can revoke his or her donation by alternate instructions to relatives or responsible persons or by destruction or cancellation of documents and all executed copies thereof.

What is meant by immediate disposition?

Immediate disposition usually consists of the disposition of the remains with no attending rites, ceremonies or services. Immediate disposition usually includes the transfer of the remains, sanitary care in compliance with the Texas law, preparation of and filing the necessary authorizations and consents, death certificate and burial transit permit, and container for handling remains.

Can a body be cremated immediately following death?

Texas law, instituted at the request of the state's medical examiners, prohibits cremating any dead human body prior to the expiration of forty-eight (48) hours after the death of such human body, unless this time requirement is waived in writing by the County Medical Examiner or, in counties not having a County Medical Examiner, a Justice of the Peace.

What is done with cremated remains?

Cremated remains may be disposed of in a number of ways: privately scattered, scattered at sea, scattered by airplane in unpopulated areas, interred in a cemetery, placed in a niche in a columbarium, or kept by the family in their home.

Can a family bury its own dead without using a licensed funeral director?

Yes. What is legally required is a statement of death, death certificate, and burial-transit permit. Generally, local ordinances prohibit do-it-yourself burials in city limits Check with the State Health Department for applicable rules.

How do people select a funeral director?

Almost always by reputation or availability. The way a funeral director serves families is readily known in most communities. If you need a funeral director and for some reason do not know one, the reference of a relative or friend who has been served satisfactorily is one wise way to make a decision. The best way is to know in advance whom you would select and then visit the funeral home, examine the facilities and ask about prices and understand the ways in which your needs will be served. Consider all alternatives and consult several different firms/organizations to compare costs. After determining where to call, be prepared to ask questions concerning all aspects of funeral arrangements.

Prior to making funeral arrangements it will be necessary that you have the following information available:

1. Full name of deceased
2. Occupation
3. Date of birth
4. Place of birth
5. Social Security number
6. Residence address
7. Spouse's name (maiden name)
8. Father's name, mother's maiden name
9. Place of burial or disposition
10. Discharge papers, if veteran

Telephone Inquiries
Retail prices can be asked for and obtained by telephone.

Obtaining Information
You may want to follow up with a visit to the establishment. Any consumer entering an establishment and making inquiries is entitled to the retail price list. By law, you must be presented a retail price list itemizing the costs of funeral services and the merchandise for sale from a funeral director. These retail prices, appearing on a printed or typewritten list which the customer may keep, must specify at least the charges for the following items, provided they are available for purchase through the establishment:

1. Transferring the deceased to funeral home
2. Embalming
3. Use of facilities for viewing
4. Use of facilities for ceremonies
5. Hearses
6. Limousines
7. Itemized services of the funeral establishment staff
8. Caskets
9. Outer enclosures (burial vaults, grave boxes, liners). (No law requires you to purchase an enclosures. However, it may be required by the cemetery.)

After completing all arrangements, you must be given an itemized funeral purchase agreement.

Choosing a Casket
Each casket must have a price. Caskets are not required by law; however, there my be cemetery or mausoleum requirements. The law does not require caskets for cremation, although some type of container may be necessary, such as a wooden box, canvas pouch, or simple casket.

Caskets range in price. They are constructed from various materials including steel, copper, bronze and wood. The only warranties, express or implied, granted in connection with casket products are the express written warranties, if any, extended by the manufacturers. There is no direct relationship between the protective features of the casket and the preservation of the body.

Is there a law that prohibits funeral directors from advertising?

No, but consumer protection statutes require all advertising to be factual and clear in content. Any misrepresentations should be reported to the Texas Funeral Service Commission, the Attorney General's Consumer Protection Division and your local Better Business Bureau.

Is there a law which prohibits funeral directors from solicitation at or near the time of death?

Yes. Solicitation means any direct or indirect contact with the family, next of kin, or one who has custody of a person who is deceased or near death for the purpose of securing the right to provide funeral services or merchandise for the deceased or the person near death.

Should I consider a prepaid funeral contract?

Prepaid funeral contracts are governed by Article 548b of the Texas Civil Statutes and are under the jurisdiction of the Texas Department of Banking. Such contracts are being marketed extensively and offer the opportunity to permit a person to fully consider his or her needs and wishes and control the cost and nature of funeral services desired. The contracts vary in terms and coverages and should, like any other purchase involving a substantial sum of money, be reviewed carefully before execution.

Texas law requires that any seller of contracts for prepaid funeral arrangements must first apply and obtain a permit from the Texas Department of Banking. Do not contract with any seller who does not have such a permit, and make certain that the proposed contract meets the minimum Texas legal requirements, including that a trust fund has been created for the proceeds from prepaid contracts through a contract of insurance with an insurance company, licensed in Texas, or that such trust fund is established in a bank or savings and loan association operated under the provisions of the Texas Trust Act.

Where does my money go?*

A deposit fund is established with a financial institution approved by the Texas Department of Banking, or a fund is created by a life insurance or annuity contract with an insurance company authorized to do business in the State of Texas. If a life insurance or annuity contract is used, the person who sells you the policy and the insurance company must be licensed by the Texas Department of Insurance. Ask to see his/her license. In addition, you are entitled to receive a copy of the policy and should be sure that you understand the benefits, limitations and exclusions. You can call the Texas Department of Insurance at 1-800-252-3439 or 512-463-6501 for license information on both agents and companies or for assistance in interpreting policy language.

*Information provided courtesy of the Texas Department of Banking and the Texas Department of Insurance.

What if I change my mind or want my money back?

In a deposit fund arrangement, the purchaser can cancel the contract prior to maturity and receive a refund in accordance with the terms of the contract written. If you have a life insurance or annuity arrangement, you may receive only the cash surrender value, if any, as indicated in the insurance policy or annuity and the prepaid contract. Read and understand the cancellation language in the policy or annuity and in the prepaid contract.

What if I want to change funeral homes?

If the prepaid funeral contract is in a deposit fund you may have to cancel your contract and make other arrangements. If the prepaid contract is funded by a policy of insurance you may be able to cancel the contract and keep the insurance policy allowing you to choose another funeral establishment. Talk to the seller of your prepaid funeral contract and the funeral director of the funeral home you wish to use. Make sure all parties are in agreement and be sure to get a copy of any such agreement in writing.

If death occurs before the prepaid contract is paid in full, will any additional payments be required?

On a deposit arrangement any unpaid balance would become due at the time of the funeral. Depending on the type of insurance policy or annuity contract used to fund the prepaid funeral contract, expenses may not be paid in full. If you are unsure, question the seller and/or the Texas Department of Banking or the Texas Department of Insurance.

Will my contract cover all my final expenses?

You are entitled to receive all items shown on the contract at no additional charge if the terms of the contract have been met. There may be additional charges for items that are not part of the prepaid contract. These may include cemetery fees, such as lowering equipment, opening and closing the grave, and burial vaults. You should discuss with the seller items which are not covered.

If you have additional questions, please feel free to contact:*

Texas Department of Banking
2601 North Lamar Boulevard
Austin, Texas 78705-4294
(512) 475-1290

or

Texas Department of Insurance
Market Conduct (MC 0164)
P.O. Box 149091
Austin, Texas 78714-9091
(512) 463-6505 or 1-800-252-3439

Where can I secure additional information regarding Mortuary Laws in the State of Texas?

You may request a complete copy of Article 4582b, Texas Civil Statutes, and the Commission Rules, by contacting the Texas Funeral Service Commission, 510 South Congress, Suite 206, Austin, Texas 78704, (512)479-7222

If I have a complaint against a funeral director or a funeral establishment about the way I am served, who should I contact?

First, discuss your problem with the funeral director and/or management of the funeral establishment. If you feel you were not treated fairly, the funeral director should be given the opportunity to satisfy you. If this is not acceptable, you may provide the facts in writing to:

1. Texas Funeral Service Commission, 510 South Congress, Suite 206, Austin, Texas 78704- 1716. This is the license and regulatory agency for all funeral directors. Complaints must be in writing, stating specifically the nature and conditions of the complaint, and sent to the above address.
2. Consumer Protection Division, Attorney General of Texas, P.0. Box 12548, Austin, Texas 78711, (512) 463-2070.
3. The local Better Business Bureau.
4. The Federal Trade Commission, Dallas Regional Office, 100 N. Central Expressway, Dallas, Texas 75201, (214) 767-5501.