(a) The commission, the Texas Department of Insurance, and the Texas Department of Banking shall adopt a joint memorandum of understanding relating to prepaid funeral services and transactions. The memorandum must:
- (1) outline the responsibilities of each agency in regulating prepaid funeral services and transactions;
(2) establish procedures to be used by each agency in:
- (A) referring a complaint to one of the other agencies;
- (B) investigating a complaint; and
- (C) notifying the other agencies of a complaint or a complaint investigation;
(3) specify:
- (A) an action the agencies regard as a deceptive trade practice; and
- (B) the information the agencies provide consumers and when that information is to be provided; and
- (4) set the administrative penalty each agency imposes for a violation.
- (b) Not later than the last month of each state fiscal year, the commission and the other agencies shall review and update the memorandum of understanding.
- (c) Each agency by rule shall adopt the memorandum of understanding and any revision to the memorandum.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.