The following words and terms, when used in this chapter, shall have the following meanings.

1. (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. (2) At-need--the time of need for funeral services or merchandise when a human being has become deceased.
3. (3) 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.
4. (4) 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.
5. (5) Commission--The Texas Funeral Service Commission.
6. (6) Cremation--A heating process which incinerates human remains.
7. (7) Direct Cremation--Disposition of human remains by cremation, without formal viewing, visitation, or ceremony with the body present.
8. (8) Funeral ceremony--A service commemorating the deceased with the body present.
9. (9) Funeral goods--Goods which are sold or offered for sale directly to the public for use in connection with funeral services.
10. (10) Funeral provider--Any person, partnership or corporation that sells or offers to sell funeral merchandise and funeral services to the public at-need.
11. (11) Graveside service--a funeral ceremony with the body present held at the burial site.
12. (12) 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.
13. (13) Immediate burial--Disposition of human remains by burial, without formal viewing, visitation, or ceremony with the body present, except for a graveside service.
14. (14) Memorial service--A ceremony commemorating the deceased without the body present.
15. (15) 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.
16. (16) Person--Any individual, partnership, corporation, association, government or governmental subdivision or agency or other entity.
17. (17) Refrigeration of body--Maintenance of an unembalmed dead human body at a temperature of 34-40 degrees Fahrenheit.
18. (18) 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.

Source Note:The provisions of this §203.1 adopted to be effective February 27, 1996, 21 TexReg 1271; amended to be effective December 23, 2001, 26 TexReg 10288.