The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
- (1) 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.
- (2) 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.
- (3) 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.
- (4) Commission--The Texas Funeral Service Commission.
- (5) Cremation--A heating process which incinerates human remains.
- (6) Crematory--Any person, partnership or corporation that performs cremation and sells funeral goods.
- (7) Direct cremation--Disposition of human remains by cremation, without formal viewing, visitation, or ceremony with the body present.
- (8) Funeral ceremony--A service commemorating the deceased with the body present.
- (9) Funeral goods--Goods which are sold or offered for sale directly to the public for use in connection with funeral services.
- (10) Funeral provider--Any person, partnership or corporation that sells or offers to sell funeral goods and funeral services to the public.
(11) Funeral services--Any services which may be used to:
- (A) care for and prepare deceased human bodies for burial, cremation or other final disposition; and
- (B) arrange, supervise or conduct the funeral ceremony or the final disposition of deceased human bodies.
- (12) Immediate burial--Disposition of human remains by burial, without formal viewing, visitation, or ceremony with the body present, except for a graveside service.
- (13) Memorial service--A ceremony commemorating the deceased without the body present.
- (14) Outer burial container--Any container which is designed for placement in the grave around the casket including, but not limited to, containers commonly known as burial vaults, grave boxes, and grave liners.
- (15) Person--Any individual, partnership, corporation, association, government or governmental subdivision or agency, or other entity.
- (16) Services of funeral director and staff--The basic services, not to be included in prices of other categories that must be stated separately on the general price list or written memorandum, that are furnished by a funeral provider in arranging any funeral, such as conducting the arrangements conference, planning the funeral, obtaining necessary permits, and placing obituary notices.
Source Note:The provisions of this §203.1 adopted to be effective February 27, 1996, 21 TexReg 1271.