Texas Insurance Code Title 6, Chapter 888 - Burial Associations

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 888.001 - Definitions
  In this chapter: (1) "Burial association" means an individual, firm, partnership, association, or corporation engaged in the business of providing burial or funeral benefits payable...
• Texas Section 888.002 - Liberal Construction
  Sections 888.051, 888.052, 888.102(b), 888.151, 888.152, 888.153, 888.154, 888.155, 888.156, 888.157, 888.202, 888.203, and 888.204 shall be liberally construed. Added by Acts 2001, 77th Leg.,...
• Texas Section 888.003 - Bylaws Of Burial Associations
  The bylaws of a burial association may not contain any provision in conflict with this chapter. Added by Acts 2001, 77th Leg., ch. 1419, Sec....
• Texas Section 888.004 - Rules To Implement Purposes Of Chapter
  The commissioner may adopt reasonable rules to implement the purposes of this chapter. Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June...
• Texas Section 888.005 - Applicability Of Texas Non-profit Corporation Act
  (a) Except to the extent of any conflict with this code, the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes) applies...

SUBCHAPTER B ANNUAL ASSESSMENT

• Texas Section 888.006 - Applicability Of Other Law
  A burial association is subject to Chapter 887. Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
• Texas Section 888.051 - Imposition Of Annual Assessment; Amount
  (a) An annual assessment is imposed on each burial association that holds a certificate of authority to engage in the business of insurance in this...

SUBCHAPTER C INSURANCE CERTIFICATES; PAYMENT OF BENEFITS

• Texas Section 888.052 - Payment Of Annual Assessment
  (a) Each burial association shall pay the annual assessment imposed by Section 888.051 to the department between January 1 and March 1 at the same...
• Texas Section 888.101 - Insurance Certificates Issued By Burial Association
  (a) Except as provided by Subsection (c), an insurance certificate issued by a burial association must provide for the payment of the benefit in specified...
• Texas Section 888.102 - Payment Instead Of Merchandise Or Services
  (a) If a burial association that issues an insurance certificate fails or refuses to provide the merchandise or services specified by the certificate, the association...

SUBCHAPTER D RATES FOR BURIAL ASSOCIATIONS

• Texas Section 888.103 - Insurance Certificate Forms
  An insurance certificate form used by a burial association on or after May 12, 1939, must comply with this chapter. Added by Acts 2001, 77th...
• Texas Section 888.151 - Data Collection Related To Rates
  (a) The commissioner shall: (1) collect data, statistics, and information on the death rates, lapses, experiences, and other information relating to burial association rates in...
• Texas Section 888.152 - Adoption Of Rate Schedule
  (a) The commissioner shall adopt a schedule of reasonable and adequate rates that a burial association may charge its members. The schedule of rates must...
• Texas Section 888.153 - New Or Amended Rate Schedules
  (a) At any time the commissioner considers appropriate, the commissioner may adopt: (1) a new rate schedule for burial associations; or (2) an amendment to...
• Texas Section 888.154 - Contracts With Experts And Consultants
  The department may contract with experts and consultants to assist the department in exercising the department's powers and performing the department's duties under this subchapter....
• Texas Section 888.155 - Retention Of Burial Association's Initial Rate Schedule
  Each burial association shall retain, as part of its permanent records, the initial rate schedule adopted by the association under former Article 14.45, Insurance Code,...
• Texas Section 888.156 - Change Of Rates By Burial Association
  (a) With the department's consent, a burial association may change its rates by adopting a new rate schedule and filing that schedule with the department....
• Texas Section 888.157 - Continuation Of Former Rates
  (a) A burial association that had rates adopted and in use before June 12, 1947, may continue to apply those rates to individuals who were...

SUBCHAPTER E PROHIBITIONS

• Texas Section 888.158 - Failure To Comply With Commissioner Rate Orders
  If a burial association refuses to comply with an order of the commissioner regarding rates under this subchapter, the commissioner shall consider the association insolvent....
• Texas Section 888.201 - Unauthorized Providing Of Burial Or Funeral Benefits
  An individual, firm, partnership, corporation, or association may not engage in the business of providing burial or funeral benefits payable partly or wholly in merchandise...
• Texas Section 888.202 - Rate Violations
  (a) A burial association or an officer, agent, or employee of a burial association may not charge or collect any rate from a member of...
• Texas Section 888.203 - Connection Between Burial Associations
  (a) A burial association may not be directly or indirectly connected with another burial association. (b) A member, director, or officer of a burial association...
• Texas Section 888.204 - Certain Affiliations Between Burial Associations And Funeral Homes Prohibited
  (a) It is against the public policy of this state for a funeral home or an owner of an interest in a funeral home to...
• Texas Section 888.205 - Violation Of Chapter; Criminal Penalty
  (a) A director, officer, agent, employee, attorney at law, or attorney in fact of a burial association, or other person commits an offense if the...

Last modified: September 28, 2016