A person must hold a permit issued under this subchapter to:
(1) sell prepaid funeral benefits, or accept money for prepaid funeral benefits, in this state under any contract; or
(2) solicit an individual's designation of prepaid funeral benefits to be provided out of a fund, investment, security, or contract, including a contract or policy of insurance authorized, and sold under a license issued, by the Texas Department of Insurance, to be created or purchased by that individual at the suggestion or solicitation of the seller.