OCCUPATIONS CODETITLE 3. HEALTH PROFESSIONSSUBTITLE L. CEMETERY AND CREMATORY SERVICES, FUNERAL DIRECTING, AND EMBALMINGCHAPTER 651. CEMETERY AND CREMATORY SERVICES, FUNERAL DIRECTING, AND EMBALMINGSUBCHAPTER A. GENERAL PROVISIONSSec. 651.001. DEFINITIONS. In this chapter:(1) "Cemetery" means a place that is used or intended to be used for interment, and includes a graveyard, burial park, or mausoleum.(2) "Commission" means the Texas Funeral Service Commission.(3) "Crematory" means a structure containing a furnace used or intended to be used for the cremation of human remains.(4) "Embalmer" means a person licensed under this chapter who for compensation, wholly or partly, disinfects or preserves a dead human body by:(A) using chemical substances, fluids, or gases, including by introducing those substances, fluids, or gases into the body by:(i) vascular or hypodermic injection; or(ii) direct application into the organs or cavities; or(B) another method intended to disinfect or preserve a dead human body or to restore body tissues and structures.(5) "First call" means the beginning of the relationship and duty of a funeral director to take charge of a dead human body and have the body prepared for burial or disposition by embalming, cremation, or another method. The term does not include an ambulance call if the person dispatching the ambulance does not know whether a dead human body is to be picked up.(6) "Funeral director" means a person licensed under this chapter who engages in for compensation, or represents to the public as being engaged in for compensation, the preparation, other than by embalming, of a dead human body for burial or other disposition.(7) "Funeral directing" means acts associated with or arranging for the disposition of a dead human body, performed by a person for compensation, from the time of first call until:(A) inurnment, interment, or entombment services are complete; or(B) the body is permanently transported out of this state.(8) "Funeral establishment" means:(A) a place of business used in the care and preparation for burial or transportation of a dead human body; or(B) any other place in which a person engages in, or represents the person to be engaged in, the business of embalming or funeral directing.(9) "Funeral merchandise" means merchandise sold primarily for use in:(A) a funeral ceremony;(B) embalming; or(C) the care and preparation of a dead human body for burial, cremation, or other disposition.(10) "Funeral service" means a service performed incident to a funeral ceremony or for the care and preparation of a dead human body for burial, cremation, or other disposition. The term includes embalming.(11) "Mortuary science" means the scientific, professional, and practical aspects, with consideration given to accepted practices, of the care, preparation for burial, or transportation of a dead human body. The term includes the preservation and sanitation of a dead human body and restorative art.(12) "Outer enclosure" means an enclosure or container placed in a grave above or around the casket. The term includes a burial vault, grave box, or grave liner.(12-a) "Perpetual care cemetery" means a cemetery regulated under Chapter 712, Health and Safety Code.(13) "Prospective customer" means a consumer who enters a funeral establishment and inquires about a funeral service, cremation, or merchandise.(14) "Provisional license holder" means a person who:(A) is engaged in learning the practice of funeral directing or embalming under the instruction, direction, and personal supervision of a funeral director or embalmer; and(B) holds a provisional license issued by the commission under this chapter.(15) "Purchase agreement" means a written statement that itemizes the cost of funeral services or merchandise selected by a customer from the retail price list.(16) "Solicitation" means a direct or indirect contact by a funeral director, embalmer, or employee, agent, or representative of a licensed funeral establishment or any other entity with a person near death or the family of, next of kin of, or person responsible for making funeral arrangements for a person who is deceased or near death, if the contact is not initiated by the person near death or the family, next of kin, or person responsible for making funeral arrangements and the contact is to secure the right to provide funeral services or merchandise or occurs in a situation that might influence the contacted person to choose a particular funeral establishment. The term does not include:(A) except in the case of contact with a person near death or the person responsible for making funeral arrangements for a person near death, an attempt to secure funeral business under a permit issued under Chapter 154, Finance Code; or(B) any method of advertising by publication or broadcasting.(17) "Unit pricing" means a method of pricing that offers a discount to a purchaser who buys various funeral services and merchandise as a package.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.03, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 562, Sec. 1, eff. Sept. 1, 2003.
Sec. 651.002. APPLICATION OF SUNSET ACT. The Texas Funeral Service Commission is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished and this chapter expires September 1, 2015.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.04, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 562, Sec. 2, eff. Sept. 1, 2003.
Sec. 651.003. CONSTRUCTION WITH OTHER LAW. (a) This chapter does not affect the authority of the Texas Department of Banking to enforce Chapter 154, Finance Code, or to regulate perpetual care cemeteries.(b) The authority of the commission under Chapter 154, Finance Code, is limited to:(1) imposing an administrative penalty;(2) issuing a reprimand; or(3) suspending, revoking, or probating a license issued by the commission.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 562, Sec. 3, eff. Sept. 1, 2003.
Sec. 651.004. REGULATION OF CEMETERY AND CREMATORY SERVICES. (a) The commission shall regulate cemetery and crematory services as provided by this chapter and Chapter 716, Health and Safety Code.(b) The commission may not regulate cemetery or crematory services that occur after burial or inurnment unless the services relate to the care and treatment of the remains in an urn, casket, or outer enclosure.
Added by Acts 2003, 78th Leg., ch. 562, Sec. 4, eff. Sept. 1, 2003.
SUBCHAPTER B. TEXAS FUNERAL SERVICE COMMISSIONSec. 651.051. COMMISSION MEMBERSHIP. (a) The Texas Funeral Service Commission consists of seven members appointed by the governor, with the advice and consent of the senate as follows:(1) two members who are licensed as both an embalmer and a funeral director for at least the five years preceding appointment to the commission;(2) one member who is a registered cemetery owner or operator; and(3) four members who represent the public and who:(A) are not regulated under this chapter; and(B) have consistently shown an interest in supporting consumer protection.(b) Appointments to the commission shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.(c) Each member of the commission must be a United States citizen.(d) Before entering on the duties of office, each commissioner shall take and subscribe to the oath of office prescribed for other state officials. The oath shall be filed in the office of the secretary of state after having been administered under proper authority.(e) Each person appointed to the commission shall be furnished with a certificate of appointment by the governor that evidences that the person took the official oath of office.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.05, eff. Sept. 1, 2001.
Sec. 651.0511. TRAINING. (a) A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as a member in attendance at a meeting of the commission until the person completes a training program that complies with this section.(b) The training program must provide the person with information regarding:(1) this chapter;(2) the programs operated by the commission;(3) the role and functions of the commission;(4) the rules of the commission, with an emphasis on the rules that relate to disciplinary and investigatory authority;(5) the current budget for the commission;(6) the results of the most recent formal audit of the commission;(7) the requirements of:(A) the open meetings law, Chapter 551, Government Code;(B) the public information law, Chapter 552, Government Code;(C) the administrative procedure law, Chapter 2001, Government Code; and(D) other laws relating to public officials, including conflict-of-interest laws; and(8) any applicable ethics policies adopted by the commission or the Texas Ethics Commission.(c) A person appointed to the commission is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
Added by Acts 2001, 77th Leg., ch. 682, Sec. 1.06, eff. Sept. 1, 2001.
Sec. 651.052. ELIGIBILITY OF PUBLIC MEMBERS. (a) A person may not be a public member of the commission if the person or the person's spouse:(1) is registered, certified, or licensed by a regulatory agency in the funeral service industry;(2) is employed by or participates in the management of a business entity or other organization regulated by or receiving money from the commission;(3) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving money from the commission; or(4) uses or receives a substantial amount of tangible goods, services, or money from the commission, other than compensation or reimbursement authorized by law for commission membership, attendance, or expenses.(b) A public member of the commission may not, except as a consumer:(1) have a financial interest in a funeral establishment; or(2) be related to a person within the second degree by affinity or third degree by consanguinity, as determined under Subchapter B, Chapter 573, Government Code, who has a financial interest in a funeral establishment.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.07, eff. Sept. 1, 2001.
Sec. 651.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.(b) A person may not be a member of the commission and may not be a commission employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), and its subsequent amendments, if:(1) the person is an officer, employee, or paid consultant of a Texas trade association in the funeral service industry; or(2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the funeral service industry.(c) A person may not be a member of the commission or act as the general counsel if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the commission.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.08, eff. Sept. 1, 2001.
Sec. 651.054. TERMS; VACANCY. (a) Members of the commission serve staggered six-year terms, with the terms of one-third of the members expiring in each odd-numbered year. A member may not be appointed for more than one full term, except that a member appointed to fill an unexpired term with less than three years remaining in the unexpired term may be reappointed to the commission for one full term.(b) The governor shall appoint a person to fill a vacancy on the commission to serve for the remainder of the unexpired term.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.374(a), eff. Sept. 1, 2001.
Sec. 651.055. GROUNDS FOR REMOVAL. (a) The governor shall remove from the commission a commissioner whose license to practice funeral directing or embalming has been revoked or suspended.(b) The governor may remove a commissioner for neglect of duty, incompetence, or fraudulent or dishonest conduct.(c) It is a ground for removal from the commission that a member:(1) does not have at the time of appointment the qualifications required by Sections 651.051(a) and (c) and 651.052(a);(2) does not maintain during service on the commission the qualifications required by Sections 651.051(a) and (c) and 651.052(a);(3) violates a prohibition established by Sections 651.053(a)-(e) or 651.506(h);(4) cannot because of illness or disability discharge the member's duties for a substantial part of the term for which the member is appointed; or(5) is absent for more than half of the regularly scheduled commission meetings that the member is eligible to attend during a calendar year unless the absence is excused by majority vote of the commission.(d) The validity of an action of the commission is not affected by the fact that it is taken when a ground for removal of a commission member exists.(e) If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the commission of the ground. The presiding officer shall then notify the governor that a potential ground for removal exists.
Sec. 651.056. REIMBURSEMENT; PER DIEM. (a) A commissioner shall be reimbursed for necessary travel expenses incurred in performing the business of the commission.(b) In addition to reimbursement under Subsection (a), a commissioner shall receive a per diem allowance for each day spent by the commissioner on business of the commission not to exceed 60 days in any calendar year.
Sec. 651.057. OFFICERS. (a) The governor shall designate one member of the commission as the presiding officer of the commission to serve in that capacity for three years. In designating presiding officers, the governor shall alternate between public and nonpublic members.(b) After 30 days' written notice is given to the commissioners, the commission shall elect from its public members an assistant presiding officer. The assistant presiding officer serves in that capacity for one year.(c) The presiding officer shall preside at all meetings of the commission, unless otherwise ordered, and shall exercise all duties and performances incident to the office of presiding officer. In the absence of the presiding officer, the assistant presiding officer shall preside.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.375(a), eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 562, Sec. 5, eff. Sept. 1, 2003.
Sec. 651.058. OFFICE LOCATION. The commission's offices are located in Austin, Texas.
Sec. 651.059. MEETINGS; NOTICE. (a) The commission shall meet in regular session in Austin at least once each calendar quarter to transact business.(b) The commission may hold a special meeting or hearing on the call of the presiding officer, assistant presiding officer, or three members. The person calling the special meeting or hearing shall determine the time and place of the meeting or hearing.(c) Notice of the time, place, and purpose of a regular meeting of the commission must be filed with the Texas Register at least seven days before the date of the meeting. All meetings, including meetings of the committees of the members, are open and public.(d) The commission's duties under Chapter 551, Government Code, include the requirement under Sections 551.021 and 551.022 of that code to prepare and maintain the minutes of each open meeting.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.376(a), eff. Sept. 1, 2001.
Sec. 651.060. LEGAL REPRESENTATION. (a) The attorney general shall designate at least one employee of the attorney general's office to advise the commission and to represent the commission in legal proceedings.(b) The commission may not employ legal counsel except as provided by Section 402.0212, Government Code.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.377(a), eff. Sept. 1, 2001.
SUBCHAPTER C. EXECUTIVE DIRECTOR AND PERSONNELSec. 651.101. EXECUTIVE DIRECTOR; BOND. (a) The commission shall employ and supervise an executive director to manage the administrative affairs of the commission under this chapter. The commission shall determine the terms and conditions of the executive director's employment and set the executive director's salary at an amount not to exceed the maximum salary for the position as set in the General Appropriations Act. In the absence of an executive director, the commission may appoint an acting executive director.(b) Repealed by Acts 2003, 78th Leg., ch. 285, Sec. 31(38).(c) The commission may delegate the commissioners' duties to the executive director.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.377(b), eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 285, Sec. 31(38), eff. Sept. 1, 2003.
Sec. 651.102. PERSONNEL. The commission may employ inspectors and clerical and technical assistants as the commission determines to be necessary to administer this chapter. The commission shall determine the terms and expenses of its employees.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.377(c), eff. Sept. 1, 2001.
Sec. 651.103. INVESTIGATORS. The commission shall employ one or more persons to investigate complaints received by the commission, including consumer interest complaints.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.378(a), eff. Sept. 1, 2001.
Sec. 651.104. DIVISION OF RESPONSIBILITIES. The commission shall develop and implement policies that clearly separate the policy-making responsibilities of the commission and the management responsibilities of the executive director and staff of the commission.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.09, eff. Sept. 1, 2001.
Sec. 651.105. QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION. The commission shall provide to its members and employees, as often as necessary, information regarding their:(1) qualifications for office or employment under this chapter; and(2) responsibilities under applicable laws relating to the standards of conduct for state officers or employees.
Sec. 651.106. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS. (a) The executive director or the executive director's designee shall develop an intra-agency career ladder program. The program must require intra-agency posting of all nonentry-level positions concurrently with any public posting.(b) The executive director or the executive director's designee shall develop a system of annual performance evaluations. All merit pay for commission employees must be based on the system established under this subsection.(c) The programs required under Subsections (a) and (b) must cover an annual period, be updated at least annually, and be filed with the governor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.379(a), eff. Sept. 1, 2001.
Sec. 651.107. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT. (a) The executive director or the executive director's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure that all personnel decisions are made without regard to race, color, disability, sex, religion, age, or national origin.(b) The policy statement must include:(1) personnel policies, including policies relating to recruitment, evaluation, selection, training, and promotion of personnel, that show the intent of the commission to avoid the unlawful employment practices described by Chapter 21, Labor Code; and(2) an analysis of the extent to which the composition of the commission's personnel is in accordance with federal and state law and a description of reasonable methods to achieve compliance with federal and state law.(c) The policy statement must:(1) be updated at least annually;(2) be reviewed by the state Commission on Human Rights for compliance with Subsection (b)(1); and(3) be filed with the governor's office.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.10, eff. Sept. 1, 2001.
SUBCHAPTER D. COMMISSION POWERS AND DUTIESSec. 651.151. GENERAL POWERS AND DUTIES. (a) The commission shall establish proficiency, professionalism, ethics, and qualification standards for individuals issued a license under this chapter.(b) The commission shall examine each applicant for a funeral director's license, embalmer's license, or provisional license and shall issue the appropriate license to a person who meets the licensing requirements.(c) The commission may appoint a committee from its members to consider and make a recommendation on a matter referred to the committee by the commission.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 562, Sec. 6, eff. Sept. 1, 2003.
Sec. 651.152. RULES; PROCEDURES; FORMS. The commission shall adopt rules, establish procedures, and prescribe forms necessary to administer and enforce this chapter and Chapters 714 and 715, Health and Safety Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 562, Sec. 7, eff. Sept. 1, 2003.
Sec. 651.1525. EARLY PARTICIPATION IN RULEMAKING PROCESS; GUIDELINES. (a) Before publishing a proposed rule for public comment, the commission shall seek advice and opinions from persons who will be most affected by the rule. At a minimum, those persons must include consumer groups and trade associations that represent persons from each group regulated by the commission, including funeral directors and cemetery and crematory operators.(b) The commission shall develop guidelines to implement this section. The guidelines must establish a method to determine who will be most affected by a proposed rule.
Added by Acts 2003, 78th Leg., ch. 562, Sec. 8, eff. Sept. 1, 2003.
Sec. 651.153. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING. (a) The commission may not adopt rules restricting advertising or competitive bidding by a person regulated by the commission except to prohibit false, misleading, or deceptive practices by the person.(b) The commission may not include in its rules to prohibit false, misleading, or deceptive practices by a person regulated by the commission a rule that:(1) restricts the use of any medium for advertising;(2) restricts the person's personal appearance or use of the person's voice in an advertisement;(3) relates to the size or duration of an advertisement by the person; or(4) restricts the person's advertisement under a trade name.
Sec. 651.154. FEES. (a) The commission shall set the following fees in amounts reasonable and necessary to administer this chapter:(1) the funeral director's and embalmer's application fee, license fee, duplicate license fee, and reciprocal license fee; and(2) the cemetery, crematory, or funeral establishment license fee, renewal fee, and late renewal penalty.(b) The commission shall set the provisional license fee, examination fee, renewal fee, and late renewal penalty in amounts reasonable and necessary to administer the provisional license program.(c) The commission may not charge a fee to a perpetual care cemetery, including a fee for issuing or renewing a license issued under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 562, Sec. 9, eff. Sept. 1, 2003.Amended by: Acts 2009, 81st Leg., R.S., Ch. 263, Sec. 19, eff. September 1, 2009.
Sec. 651.155. FEE EXEMPTION FOR MILITARY SERVICE. (a) On presentation to the commission of evidence as prescribed by the commission, a license holder or provisional license holder actively engaged in the military service of the United States is exempt from the payment of license fees for the duration of the holder's military service or from the amount of fees and for the time the commission considers advisable.(b) The commission may not consider the period of military service in determining whether a funeral director's license or embalmer's license is revoked, suspended, or lapsed.
Sec. 651.156. SUBPOENA. (a) The commission may issue a subpoena or subpoena duces tecum.(b) The subpoena or subpoena duces tecum must be served by personal service or certified mail, return receipt requested.(c) The commission by rule shall establish standards that enable the executive director to issue subpoenas and subpoenas duces tecum in connection with a complaint under investigation by the commission.(d) A subpoena or subpoena duces tecum issued under this section is not effective unless it is issued in compliance with:(1) state and federal law; and(2) commission rules adopted under Subsection (c).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.380(a), eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 263, Sec. 20, eff. September 1, 2009.
Sec. 651.157. INSPECTION OF CEMETERY, CREMATORY, OR FUNERAL ESTABLISHMENT. (a) Except as provided by Subsection (b), a licensed cemetery, crematory, or funeral establishment shall be inspected at least once every two years by an agent of the commission or by an agent of the state or a political subdivision authorized by the commission to make inspections on its behalf.(b) If the commission finds a violation of this chapter or of Chapter 193, 361, 711, 714, 715, or 716, Health and Safety Code, the commission shall inspect the cemetery, crematory, or funeral establishment annually until the commission determines that the establishment is free of violations.(c) A report of each inspection made under this section shall be filed with the commission.(d) The commission by rule shall establish:(1) procedures for the inspection of a cemetery, crematory, or funeral establishment required by this section; and(2) criteria, including consideration of the establishment's inspection and complaint history, regarding when the commission should inspect an establishment based on the risk of a violation at an establishment.(e) A premises on which funeral directing, interment, cremation, or embalming is practiced shall be open at all times to inspection for any violation of this chapter or of Chapter 193, 361, or 716, Health and Safety Code, by:(1) an agent of the commission;(2) an authorized agent of the state; or(3) an authorized agent of the county or municipality in which the premises is located.(f) Before a commission agent inspects a cemetery, crematory, or funeral establishment, the agent shall review the inspection reports filed with the commission on the establishment. During the inspection, the agent shall determine whether previously identified problems have been corrected and whether a pattern of violations exists. The commission shall consider the information from the inspection reports in determining whether a penalty should be imposed against an establishment.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.11, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 562, Sec. 10, eff. Sept. 1, 2003.
Sec. 651.1571. INSPECTION REQUIREMENTS FOR CERTAIN CEMETERIES; EXCEPTION FOR PERPETUAL CARE CEMETERIES. (a) This section and Section 651.157 do not apply to perpetual care cemeteries.(b) Except as provided by Section 651.157(b):(1) a cemetery may not be inspected unless:(A) an interment has occurred in the cemetery within the two years preceding the inspection; or(B) the commission has received a complaint about the cemetery; and(2) the commission shall give lower priority to an inspection of a cemetery than to an inspection of a crematory or funeral establishment.
Added by Acts 2003, 78th Leg., ch. 562, Sec. 11, eff. Sept. 1, 2003.
Sec. 651.158. INSPECTION OF CERTAIN FACILITIES. (a) The commission may require a funeral establishment that has solid waste disposal and sanitation facilities that have not been inspected by the Texas Department of Health to obtain inspection of those facilities by an entity other than the Texas Department of Health.(b) The commission by rule shall establish procedures for an inspection required under this section.
Sec. 651.159. MEMORANDUM OF UNDERSTANDING: PREPAID FUNERAL SERVICES. (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.
Sec. 651.160. MEMORANDUM OF UNDERSTANDING: FUNERAL ESTABLISHMENT REQUIREMENTS. (a) The commission and the Texas Department of Health shall adopt a joint memorandum of understanding that:(1) outlines the responsibilities of each agency in enforcing requirements under Chapters 193 and 361, Health and Safety Code, that affect funeral establishments;(2) establishes procedures by which each agency:(A) may refer a complaint to the other; and(B) will notify the other of a violation by a funeral establishment of Chapter 193 or 361, Health and Safety Code; and(3) coordinates inspection and enforcement efforts by both agencies for measures that a funeral establishment is required to implement under Chapters 193 and 361, Health and Safety Code.(b) Not later than the last month of each state fiscal year, the commission and the Texas Department of Health 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.
Sec. 651.161. REGISTER. (a) The commission shall file annually with the governor a list of the names of all funeral directors, embalmers, and licensed funeral establishments.(b) A certified copy of the list is admissible as evidence in all courts.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.381(a), eff. Sept. 1, 2001.
Sec. 651.162. ANNUAL REPORTS. (a) The commission shall file annually with the governor and the presiding officer of each house of the legislature a complete and detailed written report accounting for all funds received and disbursed by the commission during the preceding fiscal year. The annual report must be in the form and reported in the time provided by the General Appropriations Act.(b) The commission shall file annually with the governor a written description of the activities of the commission during the preceding fiscal year.(c) The commission shall file annually with the governor a report on the commission's compliance with Sections 651.104, 651.105, and 651.204(b).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.382(a), eff. Sept. 1, 2001.
Sec. 651.163. REQUEST FOR ATTORNEY GENERAL'S OPINION. A request for an opinion under Subchapter C, Chapter 402, Government Code, must be approved by the commissioners.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.383(a), eff. Sept. 1, 2001.
Sec. 651.164. LICENSE EXPIRATION. The commission by rule may adopt a system under which licenses expire on various dates during the year. For the year in which the license expiration date is changed, the commission shall prorate license fees on a monthly basis so that each license holder pays only that portion of the license fee that is allocable to the number of months during which the license is valid. On renewal of the license on the new expiration date, the total license renewal fee is payable.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Renumbered from Sec. 651.262 and amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.17, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 562, Sec. 12, eff. Sept. 1, 2003.
Sec. 651.165. RENEWAL OR REINSTATEMENT OF LICENSE. (a) A person who is otherwise eligible to renew a license may renew an unexpired license by paying the required renewal fee to the commission before the expiration date of the license. A person whose license has expired may not engage in activities that require a license until the license has been renewed.(b) A person whose license has been expired for 90 days or less may renew the license by paying to the commission a renewal fee that is equal to 1-1/2 times the normally required renewal fee.(c) A person whose license has been expired for more than 90 days but less than one year may renew the license by paying to the commission a renewal fee that is equal to two times the normally required renewal fee.(d) A person whose license has been expired for one year or more may renew the license by:(1) retaking and passing the applicable examination;(2) paying any applicable fees, including a renewal fee that is equal to two times the normally required renewal fee; and(3) completing any continuing education required under Section 651.266. (e) A person who was licensed in this state, moved to another state, and is currently licensed and has been in practice in the other state for the two years preceding the date of application may obtain a new license without reexamination. The person must pay to the commission a fee that is equal to two times the normally required renewal fee for the license.(f) At least 30 days before the expiration of a person's license, the commission shall send written notice of the impending license expiration to the person at the person's last known address according to the records of the commission.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Renumbered from Sec. 651.263 and amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.18, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 263, Sec. 21, eff. September 1, 2009.
Sec. 651.1655. REINSTATEMENT OF SUSPENDED LICENSE. A person whose license has been suspended may renew the license by paying to the commission a renewal fee that is equal to two times the normally required renewal fee in addition to any penalty assessed by the commission.
Added by Acts 2009, 81st Leg., R.S., Ch. 263, Sec. 22, eff. September 1, 2009.
Sec. 651.166. USE OF TECHNOLOGY. The commission shall develop and implement a policy requiring the executive director and commission employees to research and propose appropriate technological solutions to improve the commission's ability to perform its functions. The technological solutions must:(1) ensure that the public is able to easily find information about the commission on the Internet;(2) ensure that persons who want to use the commission's services are able to:(A) interact with the commission through the Internet; and(B) access any service that can be provided effectively through the Internet; and(3) be cost-effective and developed through the commission's planning processes.
Added by Acts 2003, 78th Leg., ch. 562, Sec. 13, eff. Sept. 1, 2003.
Sec. 651.167. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION PROCEDURES. (a) The commission shall develop and implement a policy to encourage the use of:(1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of commission rules; and(2) appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the commission's jurisdiction.(b) The commission's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.(c) The commission shall designate a trained person to:(1) coordinate the implementation of the policy adopted under Subsection (a);(2) serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and(3) collect data concerning the effectiveness of those procedures, as implemented by the commission.
Added by Acts 2003, 78th Leg., ch. 562, Sec. 13, eff. Sept. 1, 2003.
SUBCHAPTER E. PUBLIC INTEREST AND COMPLAINT INFORMATIONSec. 651.201. PUBLIC INTEREST INFORMATION. (a) The commission shall prepare a brochure with information of public interest:(1) explaining matters relating to funerals; and(2) describing:(A) the functions of the commission; and(B) the commission's procedures for filing and resolving a public complaint.(b) The commission shall:(1) provide each licensed funeral establishment with the number of brochures the commission considers appropriate; and(2) make the brochure available to the public and appropriate state agencies.
Sec. 651.202. COMPLAINTS. (a) The commission by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the commission for the purpose of directing complaints to the commission. The commission may provide for that notice:(1) on each license form, application, or written contract for services of a person regulated under this chapter;(2) on a sign prominently displayed in the place of business of each person regulated under this chapter; or(3) in a bill for service provided by a person regulated under this chapter.(b) The commission shall adopt rules concerning a complaint filed under this section. The rules adopted under this subsection must:(1) establish procedures regarding the receipt, investigation, and disposition of complaints;(2) allow for an informal hearing process;(3) establish a formal hearing process;(4) ensure that the person who filed the complaint has an opportunity to explain the allegations made in the complaint;(5) ensure that the license holder who is the subject of the complaint has an opportunity to be heard regarding the complaint; and(6) establish procedures by which a commission employee may dismiss a complaint, subject to approval by the executive director or the executive director's designee, if the investigation does not reveal a violation.(c) The commission shall investigate each complaint received by the commission relating to a funeral director, embalmer, provisional license holder, funeral establishment, or other person licensed or registered under this chapter.(d) The commission shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the commission's policies and procedures relating to complaint investigation and resolution, including an explanation of the remedies that are available to the person under this chapter and information about other appropriate state or local agencies or officials with which the person may file a complaint.(e) The commission, at least quarterly until final disposition of the complaint, shall notify the person filing the complaint and each person who is a subject of the complaint of the status of the investigation unless the notice would jeopardize an undercover investigation.(f) The person who filed the complaint is entitled to attend any proceeding resulting from the complaint.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.13, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 562, Sec. 14, eff. Sept. 1, 2003.
Sec. 651.203. RECORD OF COMPLAINTS. (a) The commission shall maintain a file on each written complaint filed with the commission. The file must include:(1) the subject matter of the complaint;(2) the date the complaint is received by the commission;(3) the name of the person who filed the complaint;(4) the name of each person contacted in relation to the complaint;(5) a summary of the results of the review or investigation of the complaint; and(6) an explanation of the reason the file was closed, if the commission closed the file without taking action other than to investigate the complaint.(b) Information in a file maintained under this section, other than information relating to a complaint that has not reached a final disposition, is public information.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.14, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1420, Sec. 14.378(b), eff. Sept. 1, 2001.
Sec. 651.204. PUBLIC PARTICIPATION. (a) The commission shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commission and to speak on any issue under the commission's jurisdiction.(b) The commission shall prepare and maintain a written plan that describes how a person who does not speak English or who has a physical, mental, or developmental disability may be provided reasonable access to the commission's programs.(c) A member of the public is not required to provide notice to the commission before appearing and speaking before the commission.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.376(b), eff. Sept. 1, 2001.
SUBCHAPTER F. LICENSE REQUIREMENTS: FUNERAL DIRECTORS AND EMBALMERSSec. 651.251. LICENSE REQUIRED. (a) Funeral directing may be performed only by a funeral director or a provisional license holder or qualified mortuary student under the supervision and direction of a funeral director. A person may not engage or profess to be engaged in the business of funeral directing or hold the person out to the public as a funeral director unless the person is licensed as a funeral director.(b) Embalming may be performed only by an embalmer or a provisional license holder or qualified mortuary student under the supervision and direction of an embalmer. A person may not engage or profess to be engaged in the business of embalming or hold the person out to the public as an embalmer unless the person is licensed as an embalmer.
Sec. 651.252. LICENSE APPLICATION. (a) An applicant for a funeral director's license or an embalmer's license must submit a written license application to the commission and pay the application fee.(b) The commission may require an applicant to appear before at least one member of the commission for approval of the person's application. The approval is subject to review by the entire commission.(c) The commission shall keep a permanent, alphabetical record of each license application and the action taken on the application. The record must indicate the current status of each application and license issued.
Sec. 651.253. GENERAL LICENSE REQUIREMENTS. (a) To be eligible for a funeral director's license or an embalmer's license, an applicant must:(1) be at least 18 years of age;(2) have graduated from an accredited high school or passed an examination prescribed by the Texas Education Agency;(3) have graduated from an accredited school or college of mortuary science;(4) unless the applicant holds a reciprocal embalmer's license, have served as a provisional license holder for not less than one year under the personal supervision and instruction of a funeral director or embalmer, as applicable; and(5) have successfully completed the applicable written examination described by Section 651.255 or 651.256.(b) An applicant for a funeral director's license or an embalmer's license may not be considered for that license until the applicant:(1) completes all of the requirements of the provisional license program; and(2) attains a grade of at least 75 percent on the written examination given by the commission.
Sec. 651.254. LICENSE EXAMINATIONS; RESULTS. (a) The examinations for a funeral director's license and an embalmer's license shall be held at least annually. The examinations shall be given at the time and place designated by the commission. The commission shall give notice of the examinations.(b) Not later than the 30th day after the date a person takes a licensing examination under this chapter, the commission shall notify the person of the results of the examination.(c) If the examination is graded or reviewed by a testing service:(1) the commission shall notify the person of the results of the examination not later than the 14th day after the date the commission receives the results from the testing service; and(2) if notice of the examination results will be delayed for longer than 90 days after the examination date, the commission shall notify the person of the reason for the delay before the 90th day.(d) The commission may require a testing service to notify a person of the results of the person's examination.(e) If requested in writing by a person who fails a licensing examination administered under this chapter, the commission shall furnish the person with an analysis of the person's performance on the examination.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.15, eff. Sept. 1, 2001.
Sec. 651.255. EXAMINATIONS REQUIRED FOR FUNERAL DIRECTOR'S LICENSE. The commission shall administer or arrange for the administration of:(1) a written professionally prepared examination on:(A) the art and technique of funeral directing;(B) the signs of death;(C) the manner by which death may be determined;(D) sanitation and hygiene;(E) mortuary management and mortuary law;(F) business and professional ethics; and(G) other subjects that may be taught in a recognized school or college of mortuary science; and(2) a written examination developed by the commission or developed for the commission by contract on:(A) laws applicable to vital statistics pertaining to dead human bodies; and(B) local and state rules and laws relating to the preparation, transportation, care, and disposition of dead human bodies.
Sec. 651.256. EXAMINATIONS REQUIRED FOR EMBALMER'S LICENSE. The commission shall administer or arrange for the administration of:(1) a written professionally prepared examination on:(A) the anatomy of the human body, including:(i) the cavities of the human body; and(ii) the arterial and venous system of the human body;(B) blood and discoloration;(C) bacteriology and hygiene;(D) pathology;(E) chemistry and embalming;(F) arterial and cavity embalming;(G) restorative art;(H) disinfecting;(I) embalming special cases;(J) contagious and infectious diseases;(K) mortuary management;(L) care, preservation, transportation, and disposition of dead human bodies;(M) sanitary science; and(N) other subjects that may be taught in a recognized school or college of mortuary science; and(2) a written examination developed by the commission or developed for the commission by contract on:(A) laws applicable to vital statistics pertaining to dead human bodies; and(B) local and state rules and laws relating to the care and disposition of dead human bodies.
Sec. 651.257. FOREIGN STUDENTS; CERTIFICATE OF MERIT. (a) A citizen of a country other than the United States who has completed a full course of mortuary science at a commission-approved college in this state may take the commission examination in embalming, funeral directing, or both after:(1) applying to the commission; and(2) paying the examination fee required of other applicants.(b) The commission may award the applicant a certificate of merit if the applicant successfully makes the minimum grades required of other applicants. The certificate of merit does not authorize the holder of the certificate to practice embalming or funeral directing in this state unless the holder is otherwise licensed as an embalmer or funeral director under this chapter.
Sec. 651.258. LICENSE ISSUANCE. On issuance of a funeral director's license or an embalmer's license under this chapter, a majority of the commission members shall sign the license. The license authorizes the license holder to practice embalming, funeral directing, or both.
Sec. 651.259. APPLICATION BY OUT-OF-STATE LICENSE HOLDER. (a) The commission shall waive any requirement for a funeral director's license or an embalmer's license for an applicant who holds a license issued by another state, country, or territory that has license requirements substantially equivalent to the requirements of this state and who meets the requirements of this section. The commission may waive any license requirement for an applicant who holds a license issued by another state that does not have license requirements substantially equivalent to those of this state and who meets the requirements of this section. The applicant shall pay a license fee in an amount set by the commission.(b) Any applicant for a license under this section shall file a sworn application that includes:(1) a statement that:(A) the applicant is the person to whom the license was issued;(B) no proceeding has been instituted against the applicant for the cancellation, suspension, or revocation of the license in the state, country, or territory that issued the license; and(C) no prosecution is pending against the applicant in a state or federal court for an offense that, under the laws of this state, is a felony, or is a misdemeanor related to the practice of embalming or funeral directing; and(2) an affidavit of a person described by Subsection (c) verifying that:(A) the accompanying license has not been canceled, suspended, or revoked; and(B) the statement of the qualifications made in the application for licensure in this state is correct.(c) The affidavit must be made by:(1) the presiding officer or secretary of the governmental entity that issued the license; or(2) a registration officer of the state, country, or territory that issued the license.(d) The applicant must affirm in the statement that the license under which the applicant practiced as a funeral director or embalmer in the state, country, or territory from which the applicant moved was, at the time the applicant left, in effect.(e) The commission shall conduct a criminal background check on each applicant. An applicant is not eligible for a license under this section if the applicant has, in the 10 years preceding the date of the application, been finally convicted of a misdemeanor involving moral turpitude or a felony.(f) An applicant for a license under this section must:(1) provide proof that:(A) the license is in good standing;(B) the applicant has practiced under the license for at least:(i) one year in the state that issued the license if that state has license requirements substantially equivalent to those of this state; or(ii) five years in the state that issued the license if that state does not have license requirements substantially equivalent to those of this state; and(C) the applicant has graduated from an accredited college of mortuary science; and(2) pass a written examination of not more than 50 questions on applicable state laws and commission rules.(g) The commission shall conduct the examination under Subsection (f)(2) at each regularly scheduled meeting of the commission.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.384(a), eff. Sept. 1, 2001.
Sec. 651.2595. PROVISIONAL LICENSE. (a) The commission may issue a provisional license to an applicant currently licensed in another jurisdiction who seeks a license in this state and who:(1) has been licensed in good standing as a funeral director or embalmer for at least two years in another jurisdiction, including a foreign country, that has licensing requirements substantially equivalent to the requirements of this chapter;(2) has passed a national or other examination recognized by the commission relating to the practice of funeral director or embalmer; and(3) is sponsored by a person licensed by the commission under this chapter with whom the provisional license holder will practice during the time the person holds a provisional license.(b) The commission may waive the requirement of Subsection (a)(3) for an applicant if the commission determines that compliance with that subsection would be a hardship to the applicant.(c) A provisional license is valid until the date the commission approves or denies the provisional license holder's application for a license. The commission shall issue a license under this chapter to the provisional license holder if:(1) the provisional license holder is eligible to be licensed under Section 651.259; or(2) the provisional license holder:(A) passes the part of the examination under Subsection (a) that relates to the applicant's knowledge and understanding of the laws and rules relating to the practice of funeral directing or embalming in this state;(B) meets the academic and experience requirements for a license under this chapter; and(C) satisfies any other licensing requirements under this chapter.(d) The commission shall approve or deny a provisional license holder's application for a license not later than the second anniversary of the date on which the provisional license is issued. The commission may extend the two-year period if the results of an examination have not been received by the commission before the end of that period.(e) The commission may establish a fee for provisional licenses in an amount reasonable and necessary to cover the cost of issuing the license.
Added by Acts 2001, 77th Leg., ch. 682, Sec. 1.16, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 562, Sec. 15, eff. Sept. 1, 2003.
Sec. 651.260. DUPLICATE LICENSE. (a) If a license issued under this chapter is lost or destroyed, the license holder may apply to the commission for a duplicate license.(b) The license holder must submit the application on a form prescribed by the commission and must submit with the application an affidavit verifying:(1) the loss or destruction of the license;(2) that the license holder is the person to whom the license was issued; and(3) any other information concerning the loss or destruction of the license the commission requires.(c) The commission shall issue a duplicate license after receipt of the information and payment of the fee set by the commission for the duplicate license.
Sec. 651.261. POSTING OF LICENSE. A license holder shall conspicuously display the holder's license in each place of business at which the license holder practices.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 562, Sec. 16, eff. Sept. 1, 2003.
Sec. 651.264. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER. (a) The commission may renew without reexamination an expired license of a person who was licensed in this state, moved to another state, and is licensed and has been in practice in the other state for the two years before the person applied for a renewal license.(b) The person must pay to the commission a fee equal to the renewal fee for the license.
Sec. 651.265. RENEWAL FOR CERTAIN RETIRED APPLICANTS; INACTIVE STATUS. (a) A license holder who is at least 65 years of age or who has a disability of 75 percent or greater at the time an application for renewal is submitted may apply for renewal of the license in the category of retired, inactive status, or the category of retired, active status.(b) On application, the commission may renew the license of a retired license holder who does not provide funeral or embalming services in the category of retired, inactive status. The commission may not charge a fee for the renewal of a license for retired, inactive status.(c) On application, the commission may renew in the category of retired, active status, the license of a retired license holder who participates in any manner, nominal or otherwise, in the provision of funeral or embalming services. The commission shall charge a fee equal to one-half of the amount of the license renewal fee charged other active license holders.
Sec. 651.266. CONTINUING EDUCATION. The commission by rule may require continuing education as a condition for license renewal except for a license holder described by Section 651.155 or an applicant for renewal described by Section 651.265. If the commission requires continuing education, the commission shall require completion of a minimum number of hours of ethics training as a required part of that education.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.19, eff. Sept. 1, 2001.
Sec. 651.267. REISSUANCE OF REVOKED LICENSE. (a) On application, the commission may reissue a license issued under this subchapter to a person whose license has been revoked. An application to reissue a license may not be made before the third anniversary of the date of the revocation.(b) The application shall be made in the manner and form required by the commission.(c) A hearing to determine whether to reissue a license shall be held before the commission unless the commission requires the hearing to be held before a hearings officer.(d) A license that has been revoked may be reinstated only after the applicant:(1) retakes and passes the applicable examination;(2) pays a fee that is equal to two times the normally required renewal fee; and(3) satisfies any other commission requirements, including any continuing education requirements under Section 651.266.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 562, Sec. 17, eff. Sept. 1, 2003.Amended by: Acts 2009, 81st Leg., R.S., Ch. 263, Sec. 23, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 263, Sec. 24, eff. September 1, 2009.
SUBCHAPTER G. LICENSE REQUIREMENTS: PROVISIONAL LICENSE HOLDERSSec. 651.301. PROVISIONAL LICENSE REQUIRED. A person must obtain a provisional license before the person may engage in learning the practice of funeral directing or embalming under the instruction, direction, and personal supervision in this state of a licensed funeral director or embalmer.
Sec. 651.302. APPLICATION; ISSUANCE OF PROVISIONAL LICENSE. (a) The commission shall issue a provisional license to practice funeral directing to an applicant who:(1) is at least 18 years of age;(2) has completed the educational requirements of Section 651.253 or is enrolled in an accredited school or college of mortuary science;(3) is employed by a funeral director to learn funeral directing or embalming under the instruction and supervision of the funeral director;(4) files an application for a provisional license on a form provided by the commission and verified under oath by the applicant; and(5) pays any required application or license fee.(b) The commission shall issue a provisional license to practice embalming to an applicant who:(1) is at least 18 years of age;(2) has completed the educational requirements of Section 651.253 or is enrolled in an accredited school or college of mortuary science;(3) files an application for a provisional license;(4) pays any required application or license fee; and(5) complies with the requirements of this chapter and of the commission.(c) Repealed by Acts 2003, 78th Leg., ch. 562, Sec. 42(2).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 562, Sec. 18, 42(2), eff. Sept. 1, 2003.
Sec. 651.303. PROVISIONAL LICENSE PROGRAM. (a) The commission shall prescribe and supervise the course of instruction received by a provisional license holder while participating in a provisional license program.(b) The commission by rule shall define the terms of employment of a provisional license holder. The terms of employment:(1) must include service by the provisional license holder:(A) of at least 17 hours a week or 73 hours a month; and(B) under actual working conditions and under the personal supervision of a funeral director or embalmer; and(2) may not require more than 17 hours a week or 73 hours a month.(c) The term of the provisional license program must be at least 12 consecutive months.(d) The provisional license program must include assisting with at least 60 cases. Not more than two provisional license holders may receive credit for work done on any one body. The commission by rule shall:(1) define the standards for a case;(2) set the number of cases a provisional license holder is required to complete during the program; and(3) establish guidelines for supervision under which a provisional license holder is granted increased responsibilities during the course of the provisional license program.(e) The standards required for a complete case include:(1) for an embalmer, all the duties and activities necessary for embalming; and(2) for a funeral director, all the activities necessary from the time the body is obtained until final disposition.(f) The funeral director provisional license program may be served concurrently with the embalmer provisional license program.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 562, Sec. 19, eff. Sept. 1, 2003.
Sec. 651.3035. MORTUARY COLLEGE CREDIT FOR PROVISIONAL LICENSE PROGRAM. (a) A case completed under S
OCCUPATIONS CODETITLE 3. HEALTH PROFESSIONSSUBTITLE L. CEMETERY AND CREMATORY SERVICES, FUNERAL DIRECTING, AND EMBALMINGCHAPTER 651. CEMETERY AND CREMATORY SERVICES, FUNERAL DIRECTING, AND EMBALMINGSUBCHAPTER A. GENERAL PROVISIONSSec. 651.001. DEFINITIONS. In this chapter:(1) "Cemetery" means a place that is used or intended to be used for interment, and includes a graveyard, burial park, or mausoleum.(2) "Commission" means the Texas Funeral Service Commission.(3) "Crematory" means a structure containing a furnace used or intended to be used for the cremation of human remains.(4) "Embalmer" means a person licensed under this chapter who for compensation, wholly or partly, disinfects or preserves a dead human body by:(A) using chemical substances, fluids, or gases, including by introducing those substances, fluids, or gases into the body by:(i) vascular or hypodermic injection; or(ii) direct application into the organs or cavities; or(B) another method intended to disinfect or preserve a dead human body or to restore body tissues and structures.(5) "First call" means the beginning of the relationship and duty of a funeral director to take charge of a dead human body and have the body prepared for burial or disposition by embalming, cremation, or another method. The term does not include an ambulance call if the person dispatching the ambulance does not know whether a dead human body is to be picked up.(6) "Funeral director" means a person licensed under this chapter who engages in for compensation, or represents to the public as being engaged in for compensation, the preparation, other than by embalming, of a dead human body for burial or other disposition.(7) "Funeral directing" means acts associated with or arranging for the disposition of a dead human body, performed by a person for compensation, from the time of first call until:(A) inurnment, interment, or entombment services are complete; or(B) the body is permanently transported out of this state.(8) "Funeral establishment" means:(A) a place of business used in the care and preparation for burial or transportation of a dead human body; or(B) any other place in which a person engages in, or represents the person to be engaged in, the business of embalming or funeral directing.(9) "Funeral merchandise" means merchandise sold primarily for use in:(A) a funeral ceremony;(B) embalming; or(C) the care and preparation of a dead human body for burial, cremation, or other disposition.(10) "Funeral service" means a service performed incident to a funeral ceremony or for the care and preparation of a dead human body for burial, cremation, or other disposition. The term includes embalming.(11) "Mortuary science" means the scientific, professional, and practical aspects, with consideration given to accepted practices, of the care, preparation for burial, or transportation of a dead human body. The term includes the preservation and sanitation of a dead human body and restorative art.(12) "Outer enclosure" means an enclosure or container placed in a grave above or around the casket. The term includes a burial vault, grave box, or grave liner.(12-a) "Perpetual care cemetery" means a cemetery regulated under Chapter 712, Health and Safety Code.(13) "Prospective customer" means a consumer who enters a funeral establishment and inquires about a funeral service, cremation, or merchandise.(14) "Provisional license holder" means a person who:(A) is engaged in learning the practice of funeral directing or embalming under the instruction, direction, and personal supervision of a funeral director or embalmer; and(B) holds a provisional license issued by the commission under this chapter.(15) "Purchase agreement" means a written statement that itemizes the cost of funeral services or merchandise selected by a customer from the retail price list.(16) "Solicitation" means a direct or indirect contact by a funeral director, embalmer, or employee, agent, or representative of a licensed funeral establishment or any other entity with a person near death or the family of, next of kin of, or person responsible for making funeral arrangements for a person who is deceased or near death, if the contact is not initiated by the person near death or the family, next of kin, or person responsible for making funeral arrangements and the contact is to secure the right to provide funeral services or merchandise or occurs in a situation that might influence the contacted person to choose a particular funeral establishment. The term does not include:(A) except in the case of contact with a person near death or the person responsible for making funeral arrangements for a person near death, an attempt to secure funeral business under a permit issued under Chapter 154, Finance Code; or(B) any method of advertising by publication or broadcasting.(17) "Unit pricing" means a method of pricing that offers a discount to a purchaser who buys various funeral services and merchandise as a package.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.03, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 562, Sec. 1, eff. Sept. 1, 2003.
Sec. 651.002. APPLICATION OF SUNSET ACT. The Texas Funeral Service Commission is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished and this chapter expires September 1, 2015.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.04, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 562, Sec. 2, eff. Sept. 1, 2003.
Sec. 651.003. CONSTRUCTION WITH OTHER LAW. (a) This chapter does not affect the authority of the Texas Department of Banking to enforce Chapter 154, Finance Code, or to regulate perpetual care cemeteries.(b) The authority of the commission under Chapter 154, Finance Code, is limited to:(1) imposing an administrative penalty;(2) issuing a reprimand; or(3) suspending, revoking, or probating a license issued by the commission.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 562, Sec. 3, eff. Sept. 1, 2003.
Sec. 651.004. REGULATION OF CEMETERY AND CREMATORY SERVICES. (a) The commission shall regulate cemetery and crematory services as provided by this chapter and Chapter 716, Health and Safety Code.(b) The commission may not regulate cemetery or crematory services that occur after burial or inurnment unless the services relate to the care and treatment of the remains in an urn, casket, or outer enclosure.
Added by Acts 2003, 78th Leg., ch. 562, Sec. 4, eff. Sept. 1, 2003.
SUBCHAPTER B. TEXAS FUNERAL SERVICE COMMISSIONSec. 651.051. COMMISSION MEMBERSHIP. (a) The Texas Funeral Service Commission consists of seven members appointed by the governor, with the advice and consent of the senate as follows:(1) two members who are licensed as both an embalmer and a funeral director for at least the five years preceding appointment to the commission;(2) one member who is a registered cemetery owner or operator; and(3) four members who represent the public and who:(A) are not regulated under this chapter; and(B) have consistently shown an interest in supporting consumer protection.(b) Appointments to the commission shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.(c) Each member of the commission must be a United States citizen.(d) Before entering on the duties of office, each commissioner shall take and subscribe to the oath of office prescribed for other state officials. The oath shall be filed in the office of the secretary of state after having been administered under proper authority.(e) Each person appointed to the commission shall be furnished with a certificate of appointment by the governor that evidences that the person took the official oath of office.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.05, eff. Sept. 1, 2001.
Sec. 651.0511. TRAINING. (a) A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as a member in attendance at a meeting of the commission until the person completes a training program that complies with this section.(b) The training program must provide the person with information regarding:(1) this chapter;(2) the programs operated by the commission;(3) the role and functions of the commission;(4) the rules of the commission, with an emphasis on the rules that relate to disciplinary and investigatory authority;(5) the current budget for the commission;(6) the results of the most recent formal audit of the commission;(7) the requirements of:(A) the open meetings law, Chapter 551, Government Code;(B) the public information law, Chapter 552, Government Code;(C) the administrative procedure law, Chapter 2001, Government Code; and(D) other laws relating to public officials, including conflict-of-interest laws; and(8) any applicable ethics policies adopted by the commission or the Texas Ethics Commission.(c) A person appointed to the commission is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
Added by Acts 2001, 77th Leg., ch. 682, Sec. 1.06, eff. Sept. 1, 2001.
Sec. 651.052. ELIGIBILITY OF PUBLIC MEMBERS. (a) A person may not be a public member of the commission if the person or the person's spouse:(1) is registered, certified, or licensed by a regulatory agency in the funeral service industry;(2) is employed by or participates in the management of a business entity or other organization regulated by or receiving money from the commission;(3) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving money from the commission; or(4) uses or receives a substantial amount of tangible goods, services, or money from the commission, other than compensation or reimbursement authorized by law for commission membership, attendance, or expenses.(b) A public member of the commission may not, except as a consumer:(1) have a financial interest in a funeral establishment; or(2) be related to a person within the second degree by affinity or third degree by consanguinity, as determined under Subchapter B, Chapter 573, Government Code, who has a financial interest in a funeral establishment.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.07, eff. Sept. 1, 2001.
Sec. 651.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.(b) A person may not be a member of the commission and may not be a commission employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), and its subsequent amendments, if:(1) the person is an officer, employee, or paid consultant of a Texas trade association in the funeral service industry; or(2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the funeral service industry.(c) A person may not be a member of the commission or act as the general counsel if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the commission.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.08, eff. Sept. 1, 2001.
Sec. 651.054. TERMS; VACANCY. (a) Members of the commission serve staggered six-year terms, with the terms of one-third of the members expiring in each odd-numbered year. A member may not be appointed for more than one full term, except that a member appointed to fill an unexpired term with less than three years remaining in the unexpired term may be reappointed to the commission for one full term.(b) The governor shall appoint a person to fill a vacancy on the commission to serve for the remainder of the unexpired term.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.374(a), eff. Sept. 1, 2001.
Sec. 651.055. GROUNDS FOR REMOVAL. (a) The governor shall remove from the commission a commissioner whose license to practice funeral directing or embalming has been revoked or suspended.(b) The governor may remove a commissioner for neglect of duty, incompetence, or fraudulent or dishonest conduct.(c) It is a ground for removal from the commission that a member:(1) does not have at the time of appointment the qualifications required by Sections 651.051(a) and (c) and 651.052(a);(2) does not maintain during service on the commission the qualifications required by Sections 651.051(a) and (c) and 651.052(a);(3) violates a prohibition established by Sections 651.053(a)-(e) or 651.506(h);(4) cannot because of illness or disability discharge the member's duties for a substantial part of the term for which the member is appointed; or(5) is absent for more than half of the regularly scheduled commission meetings that the member is eligible to attend during a calendar year unless the absence is excused by majority vote of the commission.(d) The validity of an action of the commission is not affected by the fact that it is taken when a ground for removal of a commission member exists.(e) If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the commission of the ground. The presiding officer shall then notify the governor that a potential ground for removal exists.
Sec. 651.056. REIMBURSEMENT; PER DIEM. (a) A commissioner shall be reimbursed for necessary travel expenses incurred in performing the business of the commission.(b) In addition to reimbursement under Subsection (a), a commissioner shall receive a per diem allowance for each day spent by the commissioner on business of the commission not to exceed 60 days in any calendar year.
Sec. 651.057. OFFICERS. (a) The governor shall designate one member of the commission as the presiding officer of the commission to serve in that capacity for three years. In designating presiding officers, the governor shall alternate between public and nonpublic members.(b) After 30 days' written notice is given to the commissioners, the commission shall elect from its public members an assistant presiding officer. The assistant presiding officer serves in that capacity for one year.(c) The presiding officer shall preside at all meetings of the commission, unless otherwise ordered, and shall exercise all duties and performances incident to the office of presiding officer. In the absence of the presiding officer, the assistant presiding officer shall preside.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.375(a), eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 562, Sec. 5, eff. Sept. 1, 2003.
Sec. 651.058. OFFICE LOCATION. The commission's offices are located in Austin, Texas.
Sec. 651.059. MEETINGS; NOTICE. (a) The commission shall meet in regular session in Austin at least once each calendar quarter to transact business.(b) The commission may hold a special meeting or hearing on the call of the presiding officer, assistant presiding officer, or three members. The person calling the special meeting or hearing shall determine the time and place of the meeting or hearing.(c) Notice of the time, place, and purpose of a regular meeting of the commission must be filed with the Texas Register at least seven days before the date of the meeting. All meetings, including meetings of the committees of the members, are open and public.(d) The commission's duties under Chapter 551, Government Code, include the requirement under Sections 551.021 and 551.022 of that code to prepare and maintain the minutes of each open meeting.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.376(a), eff. Sept. 1, 2001.
Sec. 651.060. LEGAL REPRESENTATION. (a) The attorney general shall designate at least one employee of the attorney general's office to advise the commission and to represent the commission in legal proceedings.(b) The commission may not employ legal counsel except as provided by Section 402.0212, Government Code.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.377(a), eff. Sept. 1, 2001.
SUBCHAPTER C. EXECUTIVE DIRECTOR AND PERSONNELSec. 651.101. EXECUTIVE DIRECTOR; BOND. (a) The commission shall employ and supervise an executive director to manage the administrative affairs of the commission under this chapter. The commission shall determine the terms and conditions of the executive director's employment and set the executive director's salary at an amount not to exceed the maximum salary for the position as set in the General Appropriations Act. In the absence of an executive director, the commission may appoint an acting executive director.(b) Repealed by Acts 2003, 78th Leg., ch. 285, Sec. 31(38).(c) The commission may delegate the commissioners' duties to the executive director.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.377(b), eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 285, Sec. 31(38), eff. Sept. 1, 2003.
Sec. 651.102. PERSONNEL. The commission may employ inspectors and clerical and technical assistants as the commission determines to be necessary to administer this chapter. The commission shall determine the terms and expenses of its employees.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.377(c), eff. Sept. 1, 2001.
Sec. 651.103. INVESTIGATORS. The commission shall employ one or more persons to investigate complaints received by the commission, including consumer interest complaints.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.378(a), eff. Sept. 1, 2001.
Sec. 651.104. DIVISION OF RESPONSIBILITIES. The commission shall develop and implement policies that clearly separate the policy-making responsibilities of the commission and the management responsibilities of the executive director and staff of the commission.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.09, eff. Sept. 1, 2001.
Sec. 651.105. QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION. The commission shall provide to its members and employees, as often as necessary, information regarding their:(1) qualifications for office or employment under this chapter; and(2) responsibilities under applicable laws relating to the standards of conduct for state officers or employees.
Sec. 651.106. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS. (a) The executive director or the executive director's designee shall develop an intra-agency career ladder program. The program must require intra-agency posting of all nonentry-level positions concurrently with any public posting.(b) The executive director or the executive director's designee shall develop a system of annual performance evaluations. All merit pay for commission employees must be based on the system established under this subsection.(c) The programs required under Subsections (a) and (b) must cover an annual period, be updated at least annually, and be filed with the governor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.379(a), eff. Sept. 1, 2001.
Sec. 651.107. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT. (a) The executive director or the executive director's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure that all personnel decisions are made without regard to race, color, disability, sex, religion, age, or national origin.(b) The policy statement must include:(1) personnel policies, including policies relating to recruitment, evaluation, selection, training, and promotion of personnel, that show the intent of the commission to avoid the unlawful employment practices described by Chapter 21, Labor Code; and(2) an analysis of the extent to which the composition of the commission's personnel is in accordance with federal and state law and a description of reasonable methods to achieve compliance with federal and state law.(c) The policy statement must:(1) be updated at least annually;(2) be reviewed by the state Commission on Human Rights for compliance with Subsection (b)(1); and(3) be filed with the governor's office.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.10, eff. Sept. 1, 2001.
SUBCHAPTER D. COMMISSION POWERS AND DUTIESSec. 651.151. GENERAL POWERS AND DUTIES. (a) The commission shall establish proficiency, professionalism, ethics, and qualification standards for individuals issued a license under this chapter.(b) The commission shall examine each applicant for a funeral director's license, embalmer's license, or provisional license and shall issue the appropriate license to a person who meets the licensing requirements.(c) The commission may appoint a committee from its members to consider and make a recommendation on a matter referred to the committee by the commission.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 562, Sec. 6, eff. Sept. 1, 2003.
Sec. 651.152. RULES; PROCEDURES; FORMS. The commission shall adopt rules, establish procedures, and prescribe forms necessary to administer and enforce this chapter and Chapters 714 and 715, Health and Safety Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 562, Sec. 7, eff. Sept. 1, 2003.
Sec. 651.1525. EARLY PARTICIPATION IN RULEMAKING PROCESS; GUIDELINES. (a) Before publishing a proposed rule for public comment, the commission shall seek advice and opinions from persons who will be most affected by the rule. At a minimum, those persons must include consumer groups and trade associations that represent persons from each group regulated by the commission, including funeral directors and cemetery and crematory operators.(b) The commission shall develop guidelines to implement this section. The guidelines must establish a method to determine who will be most affected by a proposed rule.
Added by Acts 2003, 78th Leg., ch. 562, Sec. 8, eff. Sept. 1, 2003.
Sec. 651.153. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING. (a) The commission may not adopt rules restricting advertising or competitive bidding by a person regulated by the commission except to prohibit false, misleading, or deceptive practices by the person.(b) The commission may not include in its rules to prohibit false, misleading, or deceptive practices by a person regulated by the commission a rule that:(1) restricts the use of any medium for advertising;(2) restricts the person's personal appearance or use of the person's voice in an advertisement;(3) relates to the size or duration of an advertisement by the person; or(4) restricts the person's advertisement under a trade name.
Sec. 651.154. FEES. (a) The commission shall set the following fees in amounts reasonable and necessary to administer this chapter:(1) the funeral director's and embalmer's application fee, license fee, duplicate license fee, and reciprocal license fee; and(2) the cemetery, crematory, or funeral establishment license fee, renewal fee, and late renewal penalty.(b) The commission shall set the provisional license fee, examination fee, renewal fee, and late renewal penalty in amounts reasonable and necessary to administer the provisional license program.(c) The commission may not charge a fee to a perpetual care cemetery, including a fee for issuing or renewing a license issued under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 562, Sec. 9, eff. Sept. 1, 2003.Amended by: Acts 2009, 81st Leg., R.S., Ch. 263, Sec. 19, eff. September 1, 2009.
Sec. 651.155. FEE EXEMPTION FOR MILITARY SERVICE. (a) On presentation to the commission of evidence as prescribed by the commission, a license holder or provisional license holder actively engaged in the military service of the United States is exempt from the payment of license fees for the duration of the holder's military service or from the amount of fees and for the time the commission considers advisable.(b) The commission may not consider the period of military service in determining whether a funeral director's license or embalmer's license is revoked, suspended, or lapsed.
Sec. 651.156. SUBPOENA. (a) The commission may issue a subpoena or subpoena duces tecum.(b) The subpoena or subpoena duces tecum must be served by personal service or certified mail, return receipt requested.(c) The commission by rule shall establish standards that enable the executive director to issue subpoenas and subpoenas duces tecum in connection with a complaint under investigation by the commission.(d) A subpoena or subpoena duces tecum issued under this section is not effective unless it is issued in compliance with:(1) state and federal law; and(2) commission rules adopted under Subsection (c).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.380(a), eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 263, Sec. 20, eff. September 1, 2009.
Sec. 651.157. INSPECTION OF CEMETERY, CREMATORY, OR FUNERAL ESTABLISHMENT. (a) Except as provided by Subsection (b), a licensed cemetery, crematory, or funeral establishment shall be inspected at least once every two years by an agent of the commission or by an agent of the state or a political subdivision authorized by the commission to make inspections on its behalf.(b) If the commission finds a violation of this chapter or of Chapter 193, 361, 711, 714, 715, or 716, Health and Safety Code, the commission shall inspect the cemetery, crematory, or funeral establishment annually until the commission determines that the establishment is free of violations.(c) A report of each inspection made under this section shall be filed with the commission.(d) The commission by rule shall establish:(1) procedures for the inspection of a cemetery, crematory, or funeral establishment required by this section; and(2) criteria, including consideration of the establishment's inspection and complaint history, regarding when the commission should inspect an establishment based on the risk of a violation at an establishment.(e) A premises on which funeral directing, interment, cremation, or embalming is practiced shall be open at all times to inspection for any violation of this chapter or of Chapter 193, 361, or 716, Health and Safety Code, by:(1) an agent of the commission;(2) an authorized agent of the state; or(3) an authorized agent of the county or municipality in which the premises is located.(f) Before a commission agent inspects a cemetery, crematory, or funeral establishment, the agent shall review the inspection reports filed with the commission on the establishment. During the inspection, the agent shall determine whether previously identified problems have been corrected and whether a pattern of violations exists. The commission shall consider the information from the inspection reports in determining whether a penalty should be imposed against an establishment.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.11, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 562, Sec. 10, eff. Sept. 1, 2003.
Sec. 651.1571. INSPECTION REQUIREMENTS FOR CERTAIN CEMETERIES; EXCEPTION FOR PERPETUAL CARE CEMETERIES. (a) This section and Section 651.157 do not apply to perpetual care cemeteries.(b) Except as provided by Section 651.157(b):(1) a cemetery may not be inspected unless:(A) an interment has occurred in the cemetery within the two years preceding the inspection; or(B) the commission has received a complaint about the cemetery; and(2) the commission shall give lower priority to an inspection of a cemetery than to an inspection of a crematory or funeral establishment.
Added by Acts 2003, 78th Leg., ch. 562, Sec. 11, eff. Sept. 1, 2003.
Sec. 651.158. INSPECTION OF CERTAIN FACILITIES. (a) The commission may require a funeral establishment that has solid waste disposal and sanitation facilities that have not been inspected by the Texas Department of Health to obtain inspection of those facilities by an entity other than the Texas Department of Health.(b) The commission by rule shall establish procedures for an inspection required under this section.
Sec. 651.159. MEMORANDUM OF UNDERSTANDING: PREPAID FUNERAL SERVICES. (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.
Sec. 651.160. MEMORANDUM OF UNDERSTANDING: FUNERAL ESTABLISHMENT REQUIREMENTS. (a) The commission and the Texas Department of Health shall adopt a joint memorandum of understanding that:(1) outlines the responsibilities of each agency in enforcing requirements under Chapters 193 and 361, Health and Safety Code, that affect funeral establishments;(2) establishes procedures by which each agency:(A) may refer a complaint to the other; and(B) will notify the other of a violation by a funeral establishment of Chapter 193 or 361, Health and Safety Code; and(3) coordinates inspection and enforcement efforts by both agencies for measures that a funeral establishment is required to implement under Chapters 193 and 361, Health and Safety Code.(b) Not later than the last month of each state fiscal year, the commission and the Texas Department of Health 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.
Sec. 651.161. REGISTER. (a) The commission shall file annually with the governor a list of the names of all funeral directors, embalmers, and licensed funeral establishments.(b) A certified copy of the list is admissible as evidence in all courts.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.381(a), eff. Sept. 1, 2001.
Sec. 651.162. ANNUAL REPORTS. (a) The commission shall file annually with the governor and the presiding officer of each house of the legislature a complete and detailed written report accounting for all funds received and disbursed by the commission during the preceding fiscal year. The annual report must be in the form and reported in the time provided by the General Appropriations Act.(b) The commission shall file annually with the governor a written description of the activities of the commission during the preceding fiscal year.(c) The commission shall file annually with the governor a report on the commission's compliance with Sections 651.104, 651.105, and 651.204(b).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.382(a), eff. Sept. 1, 2001.
Sec. 651.163. REQUEST FOR ATTORNEY GENERAL'S OPINION. A request for an opinion under Subchapter C, Chapter 402, Government Code, must be approved by the commissioners.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.383(a), eff. Sept. 1, 2001.
Sec. 651.164. LICENSE EXPIRATION. The commission by rule may adopt a system under which licenses expire on various dates during the year. For the year in which the license expiration date is changed, the commission shall prorate license fees on a monthly basis so that each license holder pays only that portion of the license fee that is allocable to the number of months during which the license is valid. On renewal of the license on the new expiration date, the total license renewal fee is payable.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Renumbered from Sec. 651.262 and amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.17, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 562, Sec. 12, eff. Sept. 1, 2003.
Sec. 651.165. RENEWAL OR REINSTATEMENT OF LICENSE. (a) A person who is otherwise eligible to renew a license may renew an unexpired license by paying the required renewal fee to the commission before the expiration date of the license. A person whose license has expired may not engage in activities that require a license until the license has been renewed.(b) A person whose license has been expired for 90 days or less may renew the license by paying to the commission a renewal fee that is equal to 1-1/2 times the normally required renewal fee.(c) A person whose license has been expired for more than 90 days but less than one year may renew the license by paying to the commission a renewal fee that is equal to two times the normally required renewal fee.(d) A person whose license has been expired for one year or more may renew the license by:(1) retaking and passing the applicable examination;(2) paying any applicable fees, including a renewal fee that is equal to two times the normally required renewal fee; and(3) completing any continuing education required under Section 651.266. (e) A person who was licensed in this state, moved to another state, and is currently licensed and has been in practice in the other state for the two years preceding the date of application may obtain a new license without reexamination. The person must pay to the commission a fee that is equal to two times the normally required renewal fee for the license.(f) At least 30 days before the expiration of a person's license, the commission shall send written notice of the impending license expiration to the person at the person's last known address according to the records of the commission.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Renumbered from Sec. 651.263 and amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.18, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 263, Sec. 21, eff. September 1, 2009.
Sec. 651.1655. REINSTATEMENT OF SUSPENDED LICENSE. A person whose license has been suspended may renew the license by paying to the commission a renewal fee that is equal to two times the normally required renewal fee in addition to any penalty assessed by the commission.
Added by Acts 2009, 81st Leg., R.S., Ch. 263, Sec. 22, eff. September 1, 2009.
Sec. 651.166. USE OF TECHNOLOGY. The commission shall develop and implement a policy requiring the executive director and commission employees to research and propose appropriate technological solutions to improve the commission's ability to perform its functions. The technological solutions must:(1) ensure that the public is able to easily find information about the commission on the Internet;(2) ensure that persons who want to use the commission's services are able to:(A) interact with the commission through the Internet; and(B) access any service that can be provided effectively through the Internet; and(3) be cost-effective and developed through the commission's planning processes.
Added by Acts 2003, 78th Leg., ch. 562, Sec. 13, eff. Sept. 1, 2003.
Sec. 651.167. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION PROCEDURES. (a) The commission shall develop and implement a policy to encourage the use of:(1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of commission rules; and(2) appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the commission's jurisdiction.(b) The commission's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.(c) The commission shall designate a trained person to:(1) coordinate the implementation of the policy adopted under Subsection (a);(2) serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and(3) collect data concerning the effectiveness of those procedures, as implemented by the commission.
Added by Acts 2003, 78th Leg., ch. 562, Sec. 13, eff. Sept. 1, 2003.
SUBCHAPTER E. PUBLIC INTEREST AND COMPLAINT INFORMATIONSec. 651.201. PUBLIC INTEREST INFORMATION. (a) The commission shall prepare a brochure with information of public interest:(1) explaining matters relating to funerals; and(2) describing:(A) the functions of the commission; and(B) the commission's procedures for filing and resolving a public complaint.(b) The commission shall:(1) provide each licensed funeral establishment with the number of brochures the commission considers appropriate; and(2) make the brochure available to the public and appropriate state agencies.
Sec. 651.202. COMPLAINTS. (a) The commission by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the commission for the purpose of directing complaints to the commission. The commission may provide for that notice:(1) on each license form, application, or written contract for services of a person regulated under this chapter;(2) on a sign prominently displayed in the place of business of each person regulated under this chapter; or(3) in a bill for service provided by a person regulated under this chapter.(b) The commission shall adopt rules concerning a complaint filed under this section. The rules adopted under this subsection must:(1) establish procedures regarding the receipt, investigation, and disposition of complaints;(2) allow for an informal hearing process;(3) establish a formal hearing process;(4) ensure that the person who filed the complaint has an opportunity to explain the allegations made in the complaint;(5) ensure that the license holder who is the subject of the complaint has an opportunity to be heard regarding the complaint; and(6) establish procedures by which a commission employee may dismiss a complaint, subject to approval by the executive director or the executive director's designee, if the investigation does not reveal a violation.(c) The commission shall investigate each complaint received by the commission relating to a funeral director, embalmer, provisional license holder, funeral establishment, or other person licensed or registered under this chapter.(d) The commission shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the commission's policies and procedures relating to complaint investigation and resolution, including an explanation of the remedies that are available to the person under this chapter and information about other appropriate state or local agencies or officials with which the person may file a complaint.(e) The commission, at least quarterly until final disposition of the complaint, shall notify the person filing the complaint and each person who is a subject of the complaint of the status of the investigation unless the notice would jeopardize an undercover investigation.(f) The person who filed the complaint is entitled to attend any proceeding resulting from the complaint.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.13, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 562, Sec. 14, eff. Sept. 1, 2003.
Sec. 651.203. RECORD OF COMPLAINTS. (a) The commission shall maintain a file on each written complaint filed with the commission. The file must include:(1) the subject matter of the complaint;(2) the date the complaint is received by the commission;(3) the name of the person who filed the complaint;(4) the name of each person contacted in relation to the complaint;(5) a summary of the results of the review or investigation of the complaint; and(6) an explanation of the reason the file was closed, if the commission closed the file without taking action other than to investigate the complaint.(b) Information in a file maintained under this section, other than information relating to a complaint that has not reached a final disposition, is public information.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.14, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1420, Sec. 14.378(b), eff. Sept. 1, 2001.
Sec. 651.204. PUBLIC PARTICIPATION. (a) The commission shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commission and to speak on any issue under the commission's jurisdiction.(b) The commission shall prepare and maintain a written plan that describes how a person who does not speak English or who has a physical, mental, or developmental disability may be provided reasonable access to the commission's programs.(c) A member of the public is not required to provide notice to the commission before appearing and speaking before the commission.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.376(b), eff. Sept. 1, 2001.
SUBCHAPTER F. LICENSE REQUIREMENTS: FUNERAL DIRECTORS AND EMBALMERSSec. 651.251. LICENSE REQUIRED. (a) Funeral directing may be performed only by a funeral director or a provisional license holder or qualified mortuary student under the supervision and direction of a funeral director. A person may not engage or profess to be engaged in the business of funeral directing or hold the person out to the public as a funeral director unless the person is licensed as a funeral director.(b) Embalming may be performed only by an embalmer or a provisional license holder or qualified mortuary student under the supervision and direction of an embalmer. A person may not engage or profess to be engaged in the business of embalming or hold the person out to the public as an embalmer unless the person is licensed as an embalmer.
Sec. 651.252. LICENSE APPLICATION. (a) An applicant for a funeral director's license or an embalmer's license must submit a written license application to the commission and pay the application fee.(b) The commission may require an applicant to appear before at least one member of the commission for approval of the person's application. The approval is subject to review by the entire commission.(c) The commission shall keep a permanent, alphabetical record of each license application and the action taken on the application. The record must indicate the current status of each application and license issued.
Sec. 651.253. GENERAL LICENSE REQUIREMENTS. (a) To be eligible for a funeral director's license or an embalmer's license, an applicant must:(1) be at least 18 years of age;(2) have graduated from an accredited high school or passed an examination prescribed by the Texas Education Agency;(3) have graduated from an accredited school or college of mortuary science;(4) unless the applicant holds a reciprocal embalmer's license, have served as a provisional license holder for not less than one year under the personal supervision and instruction of a funeral director or embalmer, as applicable; and(5) have successfully completed the applicable written examination described by Section 651.255 or 651.256.(b) An applicant for a funeral director's license or an embalmer's license may not be considered for that license until the applicant:(1) completes all of the requirements of the provisional license program; and(2) attains a grade of at least 75 percent on the written examination given by the commission.
Sec. 651.254. LICENSE EXAMINATIONS; RESULTS. (a) The examinations for a funeral director's license and an embalmer's license shall be held at least annually. The examinations shall be given at the time and place designated by the commission. The commission shall give notice of the examinations.(b) Not later than the 30th day after the date a person takes a licensing examination under this chapter, the commission shall notify the person of the results of the examination.(c) If the examination is graded or reviewed by a testing service:(1) the commission shall notify the person of the results of the examination not later than the 14th day after the date the commission receives the results from the testing service; and(2) if notice of the examination results will be delayed for longer than 90 days after the examination date, the commission shall notify the person of the reason for the delay before the 90th day.(d) The commission may require a testing service to notify a person of the results of the person's examination.(e) If requested in writing by a person who fails a licensing examination administered under this chapter, the commission shall furnish the person with an analysis of the person's performance on the examination.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.15, eff. Sept. 1, 2001.
Sec. 651.255. EXAMINATIONS REQUIRED FOR FUNERAL DIRECTOR'S LICENSE. The commission shall administer or arrange for the administration of:(1) a written professionally prepared examination on:(A) the art and technique of funeral directing;(B) the signs of death;(C) the manner by which death may be determined;(D) sanitation and hygiene;(E) mortuary management and mortuary law;(F) business and professional ethics; and(G) other subjects that may be taught in a recognized school or college of mortuary science; and(2) a written examination developed by the commission or developed for the commission by contract on:(A) laws applicable to vital statistics pertaining to dead human bodies; and(B) local and state rules and laws relating to the preparation, transportation, care, and disposition of dead human bodies.
Sec. 651.256. EXAMINATIONS REQUIRED FOR EMBALMER'S LICENSE. The commission shall administer or arrange for the administration of:(1) a written professionally prepared examination on:(A) the anatomy of the human body, including:(i) the cavities of the human body; and(ii) the arterial and venous system of the human body;(B) blood and discoloration;(C) bacteriology and hygiene;(D) pathology;(E) chemistry and embalming;(F) arterial and cavity embalming;(G) restorative art;(H) disinfecting;(I) embalming special cases;(J) contagious and infectious diseases;(K) mortuary management;(L) care, preservation, transportation, and disposition of dead human bodies;(M) sanitary science; and(N) other subjects that may be taught in a recognized school or college of mortuary science; and(2) a written examination developed by the commission or developed for the commission by contract on:(A) laws applicable to vital statistics pertaining to dead human bodies; and(B) local and state rules and laws relating to the care and disposition of dead human bodies.
Sec. 651.257. FOREIGN STUDENTS; CERTIFICATE OF MERIT. (a) A citizen of a country other than the United States who has completed a full course of mortuary science at a commission-approved college in this state may take the commission examination in embalming, funeral directing, or both after:(1) applying to the commission; and(2) paying the examination fee required of other applicants.(b) The commission may award the applicant a certificate of merit if the applicant successfully makes the minimum grades required of other applicants. The certificate of merit does not authorize the holder of the certificate to practice embalming or funeral directing in this state unless the holder is otherwise licensed as an embalmer or funeral director under this chapter.
Sec. 651.258. LICENSE ISSUANCE. On issuance of a funeral director's license or an embalmer's license under this chapter, a majority of the commission members shall sign the license. The license authorizes the license holder to practice embalming, funeral directing, or both.
Sec. 651.259. APPLICATION BY OUT-OF-STATE LICENSE HOLDER. (a) The commission shall waive any requirement for a funeral director's license or an embalmer's license for an applicant who holds a license issued by another state, country, or territory that has license requirements substantially equivalent to the requirements of this state and who meets the requirements of this section. The commission may waive any license requirement for an applicant who holds a license issued by another state that does not have license requirements substantially equivalent to those of this state and who meets the requirements of this section. The applicant shall pay a license fee in an amount set by the commission.(b) Any applicant for a license under this section shall file a sworn application that includes:(1) a statement that:(A) the applicant is the person to whom the license was issued;(B) no proceeding has been instituted against the applicant for the cancellation, suspension, or revocation of the license in the state, country, or territory that issued the license; and(C) no prosecution is pending against the applicant in a state or federal court for an offense that, under the laws of this state, is a felony, or is a misdemeanor related to the practice of embalming or funeral directing; and(2) an affidavit of a person described by Subsection (c) verifying that:(A) the accompanying license has not been canceled, suspended, or revoked; and(B) the statement of the qualifications made in the application for licensure in this state is correct.(c) The affidavit must be made by:(1) the presiding officer or secretary of the governmental entity that issued the license; or(2) a registration officer of the state, country, or territory that issued the license.(d) The applicant must affirm in the statement that the license under which the applicant practiced as a funeral director or embalmer in the state, country, or territory from which the applicant moved was, at the time the applicant left, in effect.(e) The commission shall conduct a criminal background check on each applicant. An applicant is not eligible for a license under this section if the applicant has, in the 10 years preceding the date of the application, been finally convicted of a misdemeanor involving moral turpitude or a felony.(f) An applicant for a license under this section must:(1) provide proof that:(A) the license is in good standing;(B) the applicant has practiced under the license for at least:(i) one year in the state that issued the license if that state has license requirements substantially equivalent to those of this state; or(ii) five years in the state that issued the license if that state does not have license requirements substantially equivalent to those of this state; and(C) the applicant has graduated from an accredited college of mortuary science; and(2) pass a written examination of not more than 50 questions on applicable state laws and commission rules.(g) The commission shall conduct the examination under Subsection (f)(2) at each regularly scheduled meeting of the commission.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.384(a), eff. Sept. 1, 2001.
Sec. 651.2595. PROVISIONAL LICENSE. (a) The commission may issue a provisional license to an applicant currently licensed in another jurisdiction who seeks a license in this state and who:(1) has been licensed in good standing as a funeral director or embalmer for at least two years in another jurisdiction, including a foreign country, that has licensing requirements substantially equivalent to the requirements of this chapter;(2) has passed a national or other examination recognized by the commission relating to the practice of funeral director or embalmer; and(3) is sponsored by a person licensed by the commission under this chapter with whom the provisional license holder will practice during the time the person holds a provisional license.(b) The commission may waive the requirement of Subsection (a)(3) for an applicant if the commission determines that compliance with that subsection would be a hardship to the applicant.(c) A provisional license is valid until the date the commission approves or denies the provisional license holder's application for a license. The commission shall issue a license under this chapter to the provisional license holder if:(1) the provisional license holder is eligible to be licensed under Section 651.259; or(2) the provisional license holder:(A) passes the part of the examination under Subsection (a) that relates to the applicant's knowledge and understanding of the laws and rules relating to the practice of funeral directing or embalming in this state;(B) meets the academic and experience requirements for a license under this chapter; and(C) satisfies any other licensing requirements under this chapter.(d) The commission shall approve or deny a provisional license holder's application for a license not later than the second anniversary of the date on which the provisional license is issued. The commission may extend the two-year period if the results of an examination have not been received by the commission before the end of that period.(e) The commission may establish a fee for provisional licenses in an amount reasonable and necessary to cover the cost of issuing the license.
Added by Acts 2001, 77th Leg., ch. 682, Sec. 1.16, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 562, Sec. 15, eff. Sept. 1, 2003.
Sec. 651.260. DUPLICATE LICENSE. (a) If a license issued under this chapter is lost or destroyed, the license holder may apply to the commission for a duplicate license.(b) The license holder must submit the application on a form prescribed by the commission and must submit with the application an affidavit verifying:(1) the loss or destruction of the license;(2) that the license holder is the person to whom the license was issued; and(3) any other information concerning the loss or destruction of the license the commission requires.(c) The commission shall issue a duplicate license after receipt of the information and payment of the fee set by the commission for the duplicate license.
Sec. 651.261. POSTING OF LICENSE. A license holder shall conspicuously display the holder's license in each place of business at which the license holder practices.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 562, Sec. 16, eff. Sept. 1, 2003.
Sec. 651.264. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER. (a) The commission may renew without reexamination an expired license of a person who was licensed in this state, moved to another state, and is licensed and has been in practice in the other state for the two years before the person applied for a renewal license.(b) The person must pay to the commission a fee equal to the renewal fee for the license.
Sec. 651.265. RENEWAL FOR CERTAIN RETIRED APPLICANTS; INACTIVE STATUS. (a) A license holder who is at least 65 years of age or who has a disability of 75 percent or greater at the time an application for renewal is submitted may apply for renewal of the license in the category of retired, inactive status, or the category of retired, active status.(b) On application, the commission may renew the license of a retired license holder who does not provide funeral or embalming services in the category of retired, inactive status. The commission may not charge a fee for the renewal of a license for retired, inactive status.(c) On application, the commission may renew in the category of retired, active status, the license of a retired license holder who participates in any manner, nominal or otherwise, in the provision of funeral or embalming services. The commission shall charge a fee equal to one-half of the amount of the license renewal fee charged other active license holders.
Sec. 651.266. CONTINUING EDUCATION. The commission by rule may require continuing education as a condition for license renewal except for a license holder described by Section 651.155 or an applicant for renewal described by Section 651.265. If the commission requires continuing education, the commission shall require completion of a minimum number of hours of ethics training as a required part of that education.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.19, eff. Sept. 1, 2001.
Sec. 651.267. REISSUANCE OF REVOKED LICENSE. (a) On application, the commission may reissue a license issued under this subchapter to a person whose license has been revoked. An application to reissue a license may not be made before the third anniversary of the date of the revocation.(b) The application shall be made in the manner and form required by the commission.(c) A hearing to determine whether to reissue a license shall be held before the commission unless the commission requires the hearing to be held before a hearings officer.(d) A license that has been revoked may be reinstated only after the applicant:(1) retakes and passes the applicable examination;(2) pays a fee that is equal to two times the normally required renewal fee; and(3) satisfies any other commission requirements, including any continuing education requirements under Section 651.266.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 562, Sec. 17, eff. Sept. 1, 2003.Amended by: Acts 2009, 81st Leg., R.S., Ch. 263, Sec. 23, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 263, Sec. 24, eff. September 1, 2009.
SUBCHAPTER G. LICENSE REQUIREMENTS: PROVISIONAL LICENSE HOLDERSSec. 651.301. PROVISIONAL LICENSE REQUIRED. A person must obtain a provisional license before the person may engage in learning the practice of funeral directing or embalming under the instruction, direction, and personal supervision in this state of a licensed funeral director or embalmer.
Sec. 651.302. APPLICATION; ISSUANCE OF PROVISIONAL LICENSE. (a) The commission shall issue a provisional license to practice funeral directing to an applicant who:(1) is at least 18 years of age;(2) has completed the educational requirements of Section 651.253 or is enrolled in an accredited school or college of mortuary science;(3) is employed by a funeral director to learn funeral directing or embalming under the instruction and supervision of the funeral director;(4) files an application for a provisional license on a form provided by the commission and verified under oath by the applicant; and(5) pays any required application or license fee.(b) The commission shall issue a provisional license to practice embalming to an applicant who:(1) is at least 18 years of age;(2) has completed the educational requirements of Section 651.253 or is enrolled in an accredited school or college of mortuary science;(3) files an application for a provisional license;(4) pays any required application or license fee; and(5) complies with the requirements of this chapter and of the commission.(c) Repealed by Acts 2003, 78th Leg., ch. 562, Sec. 42(2).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 562, Sec. 18, 42(2), eff. Sept. 1, 2003.
Sec. 651.303. PROVISIONAL LICENSE PROGRAM. (a) The commission shall prescribe and supervise the course of instruction received by a provisional license holder while participating in a provisional license program.(b) The commission by rule shall define the terms of employment of a provisional license holder. The terms of employment:(1) must include service by the provisional license holder:(A) of at least 17 hours a week or 73 hours a month; and(B) under actual working conditions and under the personal supervision of a funeral director or embalmer; and(2) may not require more than 17 hours a week or 73 hours a month.(c) The term of the provisional license program must be at least 12 consecutive months.(d) The provisional license program must include assisting with at least 60 cases. Not more than two provisional license holders may receive credit for work done on any one body. The commission by rule shall:(1) define the standards for a case;(2) set the number of cases a provisional license holder is required to complete during the program; and(3) establish guidelines for supervision under which a provisional license holder is granted increased responsibilities during the course of the provisional license program.(e) The standards required for a complete case include:(1) for an embalmer, all the duties and activities necessary for embalming; and(2) for a funeral director, all the activities necessary from the time the body is obtained until final disposition.(f) The funeral director provisional license program may be served concurrently with the embalmer provisional license program.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 562, Sec. 19, eff. Sept. 1, 2003.
Sec. 651.3035. MORTUARY COLLEGE CREDIT FOR PROVISIONAL LICENSE PROGRAM. (a) A case completed under S
OCCUPATIONS CODETITLE 3. HEALTH PROFESSIONSSUBTITLE L. CEMETERY AND CREMATORY SERVICES, FUNERAL DIRECTING, AND EMBALMINGCHAPTER 651. CEMETERY AND CREMATORY SERVICES, FUNERAL DIRECTING, AND EMBALMINGSUBCHAPTER A. GENERAL PROVISIONSSec. 651.001. DEFINITIONS. In this chapter:(1) "Cemetery" means a place that is used or intended to be used for interment, and includes a graveyard, burial park, or mausoleum.(2) "Commission" means the Texas Funeral Service Commission.(3) "Crematory" means a structure containing a furnace used or intended to be used for the cremation of human remains.(4) "Embalmer" means a person licensed under this chapter who for compensation, wholly or partly, disinfects or preserves a dead human body by:(A) using chemical substances, fluids, or gases, including by introducing those substances, fluids, or gases into the body by:(i) vascular or hypodermic injection; or(ii) direct application into the organs or cavities; or(B) another method intended to disinfect or preserve a dead human body or to restore body tissues and structures.(5) "First call" means the beginning of the relationship and duty of a funeral director to take charge of a dead human body and have the body prepared for burial or disposition by embalming, cremation, or another method. The term does not include an ambulance call if the person dispatching the ambulance does not know whether a dead human body is to be picked up.(6) "Funeral director" means a person licensed under this chapter who engages in for compensation, or represents to the public as being engaged in for compensation, the preparation, other than by embalming, of a dead human body for burial or other disposition.(7) "Funeral directing" means acts associated with or arranging for the disposition of a dead human body, performed by a person for compensation, from the time of first call until:(A) inurnment, interment, or entombment services are complete; or(B) the body is permanently transported out of this state.(8) "Funeral establishment" means:(A) a place of business used in the care and preparation for burial or transportation of a dead human body; or(B) any other place in which a person engages in, or represents the person to be engaged in, the business of embalming or funeral directing.(9) "Funeral merchandise" means merchandise sold primarily for use in:(A) a funeral ceremony;(B) embalming; or(C) the care and preparation of a dead human body for burial, cremation, or other disposition.(10) "Funeral service" means a service performed incident to a funeral ceremony or for the care and preparation of a dead human body for burial, cremation, or other disposition. The term includes embalming.(11) "Mortuary science" means the scientific, professional, and practical aspects, with consideration given to accepted practices, of the care, preparation for burial, or transportation of a dead human body. The term includes the preservation and sanitation of a dead human body and restorative art.(12) "Outer enclosure" means an enclosure or container placed in a grave above or around the casket. The term includes a burial vault, grave box, or grave liner.(12-a) "Perpetual care cemetery" means a cemetery regulated under Chapter 712, Health and Safety Code.(13) "Prospective customer" means a consumer who enters a funeral establishment and inquires about a funeral service, cremation, or merchandise.(14) "Provisional license holder" means a person who:(A) is engaged in learning the practice of funeral directing or embalming under the instruction, direction, and personal supervision of a funeral director or embalmer; and(B) holds a provisional license issued by the commission under this chapter.(15) "Purchase agreement" means a written statement that itemizes the cost of funeral services or merchandise selected by a customer from the retail price list.(16) "Solicitation" means a direct or indirect contact by a funeral director, embalmer, or employee, agent, or representative of a licensed funeral establishment or any other entity with a person near death or the family of, next of kin of, or person responsible for making funeral arrangements for a person who is deceased or near death, if the contact is not initiated by the person near death or the family, next of kin, or person responsible for making funeral arrangements and the contact is to secure the right to provide funeral services or merchandise or occurs in a situation that might influence the contacted person to choose a particular funeral establishment. The term does not include:(A) except in the case of contact with a person near death or the person responsible for making funeral arrangements for a person near death, an attempt to secure funeral business under a permit issued under Chapter 154, Finance Code; or(B) any method of advertising by publication or broadcasting.(17) "Unit pricing" means a method of pricing that offers a discount to a purchaser who buys various funeral services and merchandise as a package.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.03, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 562, Sec. 1, eff. Sept. 1, 2003.
Sec. 651.002. APPLICATION OF SUNSET ACT. The Texas Funeral Service Commission is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished and this chapter expires September 1, 2015.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.04, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 562, Sec. 2, eff. Sept. 1, 2003.
Sec. 651.003. CONSTRUCTION WITH OTHER LAW. (a) This chapter does not affect the authority of the Texas Department of Banking to enforce Chapter 154, Finance Code, or to regulate perpetual care cemeteries.(b) The authority of the commission under Chapter 154, Finance Code, is limited to:(1) imposing an administrative penalty;(2) issuing a reprimand; or(3) suspending, revoking, or probating a license issued by the commission.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 562, Sec. 3, eff. Sept. 1, 2003.
Sec. 651.004. REGULATION OF CEMETERY AND CREMATORY SERVICES. (a) The commission shall regulate cemetery and crematory services as provided by this chapter and Chapter 716, Health and Safety Code.(b) The commission may not regulate cemetery or crematory services that occur after burial or inurnment unless the services relate to the care and treatment of the remains in an urn, casket, or outer enclosure.
Added by Acts 2003, 78th Leg., ch. 562, Sec. 4, eff. Sept. 1, 2003.
SUBCHAPTER B. TEXAS FUNERAL SERVICE COMMISSIONSec. 651.051. COMMISSION MEMBERSHIP. (a) The Texas Funeral Service Commission consists of seven members appointed by the governor, with the advice and consent of the senate as follows:(1) two members who are licensed as both an embalmer and a funeral director for at least the five years preceding appointment to the commission;(2) one member who is a registered cemetery owner or operator; and(3) four members who represent the public and who:(A) are not regulated under this chapter; and(B) have consistently shown an interest in supporting consumer protection.(b) Appointments to the commission shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.(c) Each member of the commission must be a United States citizen.(d) Before entering on the duties of office, each commissioner shall take and subscribe to the oath of office prescribed for other state officials. The oath shall be filed in the office of the secretary of state after having been administered under proper authority.(e) Each person appointed to the commission shall be furnished with a certificate of appointment by the governor that evidences that the person took the official oath of office.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.05, eff. Sept. 1, 2001.
Sec. 651.0511. TRAINING. (a) A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as a member in attendance at a meeting of the commission until the person completes a training program that complies with this section.(b) The training program must provide the person with information regarding:(1) this chapter;(2) the programs operated by the commission;(3) the role and functions of the commission;(4) the rules of the commission, with an emphasis on the rules that relate to disciplinary and investigatory authority;(5) the current budget for the commission;(6) the results of the most recent formal audit of the commission;(7) the requirements of:(A) the open meetings law, Chapter 551, Government Code;(B) the public information law, Chapter 552, Government Code;(C) the administrative procedure law, Chapter 2001, Government Code; and(D) other laws relating to public officials, including conflict-of-interest laws; and(8) any applicable ethics policies adopted by the commission or the Texas Ethics Commission.(c) A person appointed to the commission is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
Added by Acts 2001, 77th Leg., ch. 682, Sec. 1.06, eff. Sept. 1, 2001.
Sec. 651.052. ELIGIBILITY OF PUBLIC MEMBERS. (a) A person may not be a public member of the commission if the person or the person's spouse:(1) is registered, certified, or licensed by a regulatory agency in the funeral service industry;(2) is employed by or participates in the management of a business entity or other organization regulated by or receiving money from the commission;(3) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving money from the commission; or(4) uses or receives a substantial amount of tangible goods, services, or money from the commission, other than compensation or reimbursement authorized by law for commission membership, attendance, or expenses.(b) A public member of the commission may not, except as a consumer:(1) have a financial interest in a funeral establishment; or(2) be related to a person within the second degree by affinity or third degree by consanguinity, as determined under Subchapter B, Chapter 573, Government Code, who has a financial interest in a funeral establishment.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.07, eff. Sept. 1, 2001.
Sec. 651.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.(b) A person may not be a member of the commission and may not be a commission employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), and its subsequent amendments, if:(1) the person is an officer, employee, or paid consultant of a Texas trade association in the funeral service industry; or(2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the funeral service industry.(c) A person may not be a member of the commission or act as the general counsel if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the commission.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.08, eff. Sept. 1, 2001.
Sec. 651.054. TERMS; VACANCY. (a) Members of the commission serve staggered six-year terms, with the terms of one-third of the members expiring in each odd-numbered year. A member may not be appointed for more than one full term, except that a member appointed to fill an unexpired term with less than three years remaining in the unexpired term may be reappointed to the commission for one full term.(b) The governor shall appoint a person to fill a vacancy on the commission to serve for the remainder of the unexpired term.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.374(a), eff. Sept. 1, 2001.
Sec. 651.055. GROUNDS FOR REMOVAL. (a) The governor shall remove from the commission a commissioner whose license to practice funeral directing or embalming has been revoked or suspended.(b) The governor may remove a commissioner for neglect of duty, incompetence, or fraudulent or dishonest conduct.(c) It is a ground for removal from the commission that a member:(1) does not have at the time of appointment the qualifications required by Sections 651.051(a) and (c) and 651.052(a);(2) does not maintain during service on the commission the qualifications required by Sections 651.051(a) and (c) and 651.052(a);(3) violates a prohibition established by Sections 651.053(a)-(e) or 651.506(h);(4) cannot because of illness or disability discharge the member's duties for a substantial part of the term for which the member is appointed; or(5) is absent for more than half of the regularly scheduled commission meetings that the member is eligible to attend during a calendar year unless the absence is excused by majority vote of the commission.(d) The validity of an action of the commission is not affected by the fact that it is taken when a ground for removal of a commission member exists.(e) If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the commission of the ground. The presiding officer shall then notify the governor that a potential ground for removal exists.
Sec. 651.056. REIMBURSEMENT; PER DIEM. (a) A commissioner shall be reimbursed for necessary travel expenses incurred in performing the business of the commission.(b) In addition to reimbursement under Subsection (a), a commissioner shall receive a per diem allowance for each day spent by the commissioner on business of the commission not to exceed 60 days in any calendar year.
Sec. 651.057. OFFICERS. (a) The governor shall designate one member of the commission as the presiding officer of the commission to serve in that capacity for three years. In designating presiding officers, the governor shall alternate between public and nonpublic members.(b) After 30 days' written notice is given to the commissioners, the commission shall elect from its public members an assistant presiding officer. The assistant presiding officer serves in that capacity for one year.(c) The presiding officer shall preside at all meetings of the commission, unless otherwise ordered, and shall exercise all duties and performances incident to the office of presiding officer. In the absence of the presiding officer, the assistant presiding officer shall preside.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.375(a), eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 562, Sec. 5, eff. Sept. 1, 2003.
Sec. 651.058. OFFICE LOCATION. The commission's offices are located in Austin, Texas.
Sec. 651.059. MEETINGS; NOTICE. (a) The commission shall meet in regular session in Austin at least once each calendar quarter to transact business.(b) The commission may hold a special meeting or hearing on the call of the presiding officer, assistant presiding officer, or three members. The person calling the special meeting or hearing shall determine the time and place of the meeting or hearing.(c) Notice of the time, place, and purpose of a regular meeting of the commission must be filed with the Texas Register at least seven days before the date of the meeting. All meetings, including meetings of the committees of the members, are open and public.(d) The commission's duties under Chapter 551, Government Code, include the requirement under Sections 551.021 and 551.022 of that code to prepare and maintain the minutes of each open meeting.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.376(a), eff. Sept. 1, 2001.
Sec. 651.060. LEGAL REPRESENTATION. (a) The attorney general shall designate at least one employee of the attorney general's office to advise the commission and to represent the commission in legal proceedings.(b) The commission may not employ legal counsel except as provided by Section 402.0212, Government Code.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.377(a), eff. Sept. 1, 2001.
SUBCHAPTER C. EXECUTIVE DIRECTOR AND PERSONNELSec. 651.101. EXECUTIVE DIRECTOR; BOND. (a) The commission shall employ and supervise an executive director to manage the administrative affairs of the commission under this chapter. The commission shall determine the terms and conditions of the executive director's employment and set the executive director's salary at an amount not to exceed the maximum salary for the position as set in the General Appropriations Act. In the absence of an executive director, the commission may appoint an acting executive director.(b) Repealed by Acts 2003, 78th Leg., ch. 285, Sec. 31(38).(c) The commission may delegate the commissioners' duties to the executive director.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.377(b), eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 285, Sec. 31(38), eff. Sept. 1, 2003.
Sec. 651.102. PERSONNEL. The commission may employ inspectors and clerical and technical assistants as the commission determines to be necessary to administer this chapter. The commission shall determine the terms and expenses of its employees.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.377(c), eff. Sept. 1, 2001.
Sec. 651.103. INVESTIGATORS. The commission shall employ one or more persons to investigate complaints received by the commission, including consumer interest complaints.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.378(a), eff. Sept. 1, 2001.
Sec. 651.104. DIVISION OF RESPONSIBILITIES. The commission shall develop and implement policies that clearly separate the policy-making responsibilities of the commission and the management responsibilities of the executive director and staff of the commission.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.09, eff. Sept. 1, 2001.
Sec. 651.105. QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION. The commission shall provide to its members and employees, as often as necessary, information regarding their:(1) qualifications for office or employment under this chapter; and(2) responsibilities under applicable laws relating to the standards of conduct for state officers or employees.
Sec. 651.106. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS. (a) The executive director or the executive director's designee shall develop an intra-agency career ladder program. The program must require intra-agency posting of all nonentry-level positions concurrently with any public posting.(b) The executive director or the executive director's designee shall develop a system of annual performance evaluations. All merit pay for commission employees must be based on the system established under this subsection.(c) The programs required under Subsections (a) and (b) must cover an annual period, be updated at least annually, and be filed with the governor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.379(a), eff. Sept. 1, 2001.
Sec. 651.107. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT. (a) The executive director or the executive director's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure that all personnel decisions are made without regard to race, color, disability, sex, religion, age, or national origin.(b) The policy statement must include:(1) personnel policies, including policies relating to recruitment, evaluation, selection, training, and promotion of personnel, that show the intent of the commission to avoid the unlawful employment practices described by Chapter 21, Labor Code; and(2) an analysis of the extent to which the composition of the commission's personnel is in accordance with federal and state law and a description of reasonable methods to achieve compliance with federal and state law.(c) The policy statement must:(1) be updated at least annually;(2) be reviewed by the state Commission on Human Rights for compliance with Subsection (b)(1); and(3) be filed with the governor's office.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.10, eff. Sept. 1, 2001.
SUBCHAPTER D. COMMISSION POWERS AND DUTIESSec. 651.151. GENERAL POWERS AND DUTIES. (a) The commission shall establish proficiency, professionalism, ethics, and qualification standards for individuals issued a license under this chapter.(b) The commission shall examine each applicant for a funeral director's license, embalmer's license, or provisional license and shall issue the appropriate license to a person who meets the licensing requirements.(c) The commission may appoint a committee from its members to consider and make a recommendation on a matter referred to the committee by the commission.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 562, Sec. 6, eff. Sept. 1, 2003.
Sec. 651.152. RULES; PROCEDURES; FORMS. The commission shall adopt rules, establish procedures, and prescribe forms necessary to administer and enforce this chapter and Chapters 714 and 715, Health and Safety Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 562, Sec. 7, eff. Sept. 1, 2003.
Sec. 651.1525. EARLY PARTICIPATION IN RULEMAKING PROCESS; GUIDELINES. (a) Before publishing a proposed rule for public comment, the commission shall seek advice and opinions from persons who will be most affected by the rule. At a minimum, those persons must include consumer groups and trade associations that represent persons from each group regulated by the commission, including funeral directors and cemetery and crematory operators.(b) The commission shall develop guidelines to implement this section. The guidelines must establish a method to determine who will be most affected by a proposed rule.
Added by Acts 2003, 78th Leg., ch. 562, Sec. 8, eff. Sept. 1, 2003.
Sec. 651.153. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING. (a) The commission may not adopt rules restricting advertising or competitive bidding by a person regulated by the commission except to prohibit false, misleading, or deceptive practices by the person.(b) The commission may not include in its rules to prohibit false, misleading, or deceptive practices by a person regulated by the commission a rule that:(1) restricts the use of any medium for advertising;(2) restricts the person's personal appearance or use of the person's voice in an advertisement;(3) relates to the size or duration of an advertisement by the person; or(4) restricts the person's advertisement under a trade name.
Sec. 651.154. FEES. (a) The commission shall set the following fees in amounts reasonable and necessary to administer this chapter:(1) the funeral director's and embalmer's application fee, license fee, duplicate license fee, and reciprocal license fee; and(2) the cemetery, crematory, or funeral establishment license fee, renewal fee, and late renewal penalty.(b) The commission shall set the provisional license fee, examination fee, renewal fee, and late renewal penalty in amounts reasonable and necessary to administer the provisional license program.(c) The commission may not charge a fee to a perpetual care cemetery, including a fee for issuing or renewing a license issued under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 562, Sec. 9, eff. Sept. 1, 2003.Amended by: Acts 2009, 81st Leg., R.S., Ch. 263, Sec. 19, eff. September 1, 2009.
Sec. 651.155. FEE EXEMPTION FOR MILITARY SERVICE. (a) On presentation to the commission of evidence as prescribed by the commission, a license holder or provisional license holder actively engaged in the military service of the United States is exempt from the payment of license fees for the duration of the holder's military service or from the amount of fees and for the time the commission considers advisable.(b) The commission may not consider the period of military service in determining whether a funeral director's license or embalmer's license is revoked, suspended, or lapsed.
Sec. 651.156. SUBPOENA. (a) The commission may issue a subpoena or subpoena duces tecum.(b) The subpoena or subpoena duces tecum must be served by personal service or certified mail, return receipt requested.(c) The commission by rule shall establish standards that enable the executive director to issue subpoenas and subpoenas duces tecum in connection with a complaint under investigation by the commission.(d) A subpoena or subpoena duces tecum issued under this section is not effective unless it is issued in compliance with:(1) state and federal law; and(2) commission rules adopted under Subsection (c).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.380(a), eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 263, Sec. 20, eff. September 1, 2009.
Sec. 651.157. INSPECTION OF CEMETERY, CREMATORY, OR FUNERAL ESTABLISHMENT. (a) Except as provided by Subsection (b), a licensed cemetery, crematory, or funeral establishment shall be inspected at least once every two years by an agent of the commission or by an agent of the state or a political subdivision authorized by the commission to make inspections on its behalf.(b) If the commission finds a violation of this chapter or of Chapter 193, 361, 711, 714, 715, or 716, Health and Safety Code, the commission shall inspect the cemetery, crematory, or funeral establishment annually until the commission determines that the establishment is free of violations.(c) A report of each inspection made under this section shall be filed with the commission.(d) The commission by rule shall establish:(1) procedures for the inspection of a cemetery, crematory, or funeral establishment required by this section; and(2) criteria, including consideration of the establishment's inspection and complaint history, regarding when the commission should inspect an establishment based on the risk of a violation at an establishment.(e) A premises on which funeral directing, interment, cremation, or embalming is practiced shall be open at all times to inspection for any violation of this chapter or of Chapter 193, 361, or 716, Health and Safety Code, by:(1) an agent of the commission;(2) an authorized agent of the state; or(3) an authorized agent of the county or municipality in which the premises is located.(f) Before a commission agent inspects a cemetery, crematory, or funeral establishment, the agent shall review the inspection reports filed with the commission on the establishment. During the inspection, the agent shall determine whether previously identified problems have been corrected and whether a pattern of violations exists. The commission shall consider the information from the inspection reports in determining whether a penalty should be imposed against an establishment.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.11, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 562, Sec. 10, eff. Sept. 1, 2003.
Sec. 651.1571. INSPECTION REQUIREMENTS FOR CERTAIN CEMETERIES; EXCEPTION FOR PERPETUAL CARE CEMETERIES. (a) This section and Section 651.157 do not apply to perpetual care cemeteries.(b) Except as provided by Section 651.157(b):(1) a cemetery may not be inspected unless:(A) an interment has occurred in the cemetery within the two years preceding the inspection; or(B) the commission has received a complaint about the cemetery; and(2) the commission shall give lower priority to an inspection of a cemetery than to an inspection of a crematory or funeral establishment.
Added by Acts 2003, 78th Leg., ch. 562, Sec. 11, eff. Sept. 1, 2003.
Sec. 651.158. INSPECTION OF CERTAIN FACILITIES. (a) The commission may require a funeral establishment that has solid waste disposal and sanitation facilities that have not been inspected by the Texas Department of Health to obtain inspection of those facilities by an entity other than the Texas Department of Health.(b) The commission by rule shall establish procedures for an inspection required under this section.
Sec. 651.159. MEMORANDUM OF UNDERSTANDING: PREPAID FUNERAL SERVICES. (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.
Sec. 651.160. MEMORANDUM OF UNDERSTANDING: FUNERAL ESTABLISHMENT REQUIREMENTS. (a) The commission and the Texas Department of Health shall adopt a joint memorandum of understanding that:(1) outlines the responsibilities of each agency in enforcing requirements under Chapters 193 and 361, Health and Safety Code, that affect funeral establishments;(2) establishes procedures by which each agency:(A) may refer a complaint to the other; and(B) will notify the other of a violation by a funeral establishment of Chapter 193 or 361, Health and Safety Code; and(3) coordinates inspection and enforcement efforts by both agencies for measures that a funeral establishment is required to implement under Chapters 193 and 361, Health and Safety Code.(b) Not later than the last month of each state fiscal year, the commission and the Texas Department of Health 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.
Sec. 651.161. REGISTER. (a) The commission shall file annually with the governor a list of the names of all funeral directors, embalmers, and licensed funeral establishments.(b) A certified copy of the list is admissible as evidence in all courts.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.381(a), eff. Sept. 1, 2001.
Sec. 651.162. ANNUAL REPORTS. (a) The commission shall file annually with the governor and the presiding officer of each house of the legislature a complete and detailed written report accounting for all funds received and disbursed by the commission during the preceding fiscal year. The annual report must be in the form and reported in the time provided by the General Appropriations Act.(b) The commission shall file annually with the governor a written description of the activities of the commission during the preceding fiscal year.(c) The commission shall file annually with the governor a report on the commission's compliance with Sections 651.104, 651.105, and 651.204(b).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.382(a), eff. Sept. 1, 2001.
Sec. 651.163. REQUEST FOR ATTORNEY GENERAL'S OPINION. A request for an opinion under Subchapter C, Chapter 402, Government Code, must be approved by the commissioners.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.383(a), eff. Sept. 1, 2001.
Sec. 651.164. LICENSE EXPIRATION. The commission by rule may adopt a system under which licenses expire on various dates during the year. For the year in which the license expiration date is changed, the commission shall prorate license fees on a monthly basis so that each license holder pays only that portion of the license fee that is allocable to the number of months during which the license is valid. On renewal of the license on the new expiration date, the total license renewal fee is payable.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Renumbered from Sec. 651.262 and amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.17, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 562, Sec. 12, eff. Sept. 1, 2003.
Sec. 651.165. RENEWAL OR REINSTATEMENT OF LICENSE. (a) A person who is otherwise eligible to renew a license may renew an unexpired license by paying the required renewal fee to the commission before the expiration date of the license. A person whose license has expired may not engage in activities that require a license until the license has been renewed.(b) A person whose license has been expired for 90 days or less may renew the license by paying to the commission a renewal fee that is equal to 1-1/2 times the normally required renewal fee.(c) A person whose license has been expired for more than 90 days but less than one year may renew the license by paying to the commission a renewal fee that is equal to two times the normally required renewal fee.(d) A person whose license has been expired for one year or more may renew the license by:(1) retaking and passing the applicable examination;(2) paying any applicable fees, including a renewal fee that is equal to two times the normally required renewal fee; and(3) completing any continuing education required under Section 651.266. (e) A person who was licensed in this state, moved to another state, and is currently licensed and has been in practice in the other state for the two years preceding the date of application may obtain a new license without reexamination. The person must pay to the commission a fee that is equal to two times the normally required renewal fee for the license.(f) At least 30 days before the expiration of a person's license, the commission shall send written notice of the impending license expiration to the person at the person's last known address according to the records of the commission.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Renumbered from Sec. 651.263 and amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.18, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 263, Sec. 21, eff. September 1, 2009.
Sec. 651.1655. REINSTATEMENT OF SUSPENDED LICENSE. A person whose license has been suspended may renew the license by paying to the commission a renewal fee that is equal to two times the normally required renewal fee in addition to any penalty assessed by the commission.
Added by Acts 2009, 81st Leg., R.S., Ch. 263, Sec. 22, eff. September 1, 2009.
Sec. 651.166. USE OF TECHNOLOGY. The commission shall develop and implement a policy requiring the executive director and commission employees to research and propose appropriate technological solutions to improve the commission's ability to perform its functions. The technological solutions must:(1) ensure that the public is able to easily find information about the commission on the Internet;(2) ensure that persons who want to use the commission's services are able to:(A) interact with the commission through the Internet; and(B) access any service that can be provided effectively through the Internet; and(3) be cost-effective and developed through the commission's planning processes.
Added by Acts 2003, 78th Leg., ch. 562, Sec. 13, eff. Sept. 1, 2003.
Sec. 651.167. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION PROCEDURES. (a) The commission shall develop and implement a policy to encourage the use of:(1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of commission rules; and(2) appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the commission's jurisdiction.(b) The commission's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.(c) The commission shall designate a trained person to:(1) coordinate the implementation of the policy adopted under Subsection (a);(2) serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and(3) collect data concerning the effectiveness of those procedures, as implemented by the commission.
Added by Acts 2003, 78th Leg., ch. 562, Sec. 13, eff. Sept. 1, 2003.
SUBCHAPTER E. PUBLIC INTEREST AND COMPLAINT INFORMATIONSec. 651.201. PUBLIC INTEREST INFORMATION. (a) The commission shall prepare a brochure with information of public interest:(1) explaining matters relating to funerals; and(2) describing:(A) the functions of the commission; and(B) the commission's procedures for filing and resolving a public complaint.(b) The commission shall:(1) provide each licensed funeral establishment with the number of brochures the commission considers appropriate; and(2) make the brochure available to the public and appropriate state agencies.
Sec. 651.202. COMPLAINTS. (a) The commission by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the commission for the purpose of directing complaints to the commission. The commission may provide for that notice:(1) on each license form, application, or written contract for services of a person regulated under this chapter;(2) on a sign prominently displayed in the place of business of each person regulated under this chapter; or(3) in a bill for service provided by a person regulated under this chapter.(b) The commission shall adopt rules concerning a complaint filed under this section. The rules adopted under this subsection must:(1) establish procedures regarding the receipt, investigation, and disposition of complaints;(2) allow for an informal hearing process;(3) establish a formal hearing process;(4) ensure that the person who filed the complaint has an opportunity to explain the allegations made in the complaint;(5) ensure that the license holder who is the subject of the complaint has an opportunity to be heard regarding the complaint; and(6) establish procedures by which a commission employee may dismiss a complaint, subject to approval by the executive director or the executive director's designee, if the investigation does not reveal a violation.(c) The commission shall investigate each complaint received by the commission relating to a funeral director, embalmer, provisional license holder, funeral establishment, or other person licensed or registered under this chapter.(d) The commission shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the commission's policies and procedures relating to complaint investigation and resolution, including an explanation of the remedies that are available to the person under this chapter and information about other appropriate state or local agencies or officials with which the person may file a complaint.(e) The commission, at least quarterly until final disposition of the complaint, shall notify the person filing the complaint and each person who is a subject of the complaint of the status of the investigation unless the notice would jeopardize an undercover investigation.(f) The person who filed the complaint is entitled to attend any proceeding resulting from the complaint.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.13, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 562, Sec. 14, eff. Sept. 1, 2003.
Sec. 651.203. RECORD OF COMPLAINTS. (a) The commission shall maintain a file on each written complaint filed with the commission. The file must include:(1) the subject matter of the complaint;(2) the date the complaint is received by the commission;(3) the name of the person who filed the complaint;(4) the name of each person contacted in relation to the complaint;(5) a summary of the results of the review or investigation of the complaint; and(6) an explanation of the reason the file was closed, if the commission closed the file without taking action other than to investigate the complaint.(b) Information in a file maintained under this section, other than information relating to a complaint that has not reached a final disposition, is public information.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.14, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1420, Sec. 14.378(b), eff. Sept. 1, 2001.
Sec. 651.204. PUBLIC PARTICIPATION. (a) The commission shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commission and to speak on any issue under the commission's jurisdiction.(b) The commission shall prepare and maintain a written plan that describes how a person who does not speak English or who has a physical, mental, or developmental disability may be provided reasonable access to the commission's programs.(c) A member of the public is not required to provide notice to the commission before appearing and speaking before the commission.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.376(b), eff. Sept. 1, 2001.
SUBCHAPTER F. LICENSE REQUIREMENTS: FUNERAL DIRECTORS AND EMBALMERSSec. 651.251. LICENSE REQUIRED. (a) Funeral directing may be performed only by a funeral director or a provisional license holder or qualified mortuary student under the supervision and direction of a funeral director. A person may not engage or profess to be engaged in the business of funeral directing or hold the person out to the public as a funeral director unless the person is licensed as a funeral director.(b) Embalming may be performed only by an embalmer or a provisional license holder or qualified mortuary student under the supervision and direction of an embalmer. A person may not engage or profess to be engaged in the business of embalming or hold the person out to the public as an embalmer unless the person is licensed as an embalmer.
Sec. 651.252. LICENSE APPLICATION. (a) An applicant for a funeral director's license or an embalmer's license must submit a written license application to the commission and pay the application fee.(b) The commission may require an applicant to appear before at least one member of the commission for approval of the person's application. The approval is subject to review by the entire commission.(c) The commission shall keep a permanent, alphabetical record of each license application and the action taken on the application. The record must indicate the current status of each application and license issued.
Sec. 651.253. GENERAL LICENSE REQUIREMENTS. (a) To be eligible for a funeral director's license or an embalmer's license, an applicant must:(1) be at least 18 years of age;(2) have graduated from an accredited high school or passed an examination prescribed by the Texas Education Agency;(3) have graduated from an accredited school or college of mortuary science;(4) unless the applicant holds a reciprocal embalmer's license, have served as a provisional license holder for not less than one year under the personal supervision and instruction of a funeral director or embalmer, as applicable; and(5) have successfully completed the applicable written examination described by Section 651.255 or 651.256.(b) An applicant for a funeral director's license or an embalmer's license may not be considered for that license until the applicant:(1) completes all of the requirements of the provisional license program; and(2) attains a grade of at least 75 percent on the written examination given by the commission.
Sec. 651.254. LICENSE EXAMINATIONS; RESULTS. (a) The examinations for a funeral director's license and an embalmer's license shall be held at least annually. The examinations shall be given at the time and place designated by the commission. The commission shall give notice of the examinations.(b) Not later than the 30th day after the date a person takes a licensing examination under this chapter, the commission shall notify the person of the results of the examination.(c) If the examination is graded or reviewed by a testing service:(1) the commission shall notify the person of the results of the examination not later than the 14th day after the date the commission receives the results from the testing service; and(2) if notice of the examination results will be delayed for longer than 90 days after the examination date, the commission shall notify the person of the reason for the delay before the 90th day.(d) The commission may require a testing service to notify a person of the results of the person's examination.(e) If requested in writing by a person who fails a licensing examination administered under this chapter, the commission shall furnish the person with an analysis of the person's performance on the examination.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.15, eff. Sept. 1, 2001.
Sec. 651.255. EXAMINATIONS REQUIRED FOR FUNERAL DIRECTOR'S LICENSE. The commission shall administer or arrange for the administration of:(1) a written professionally prepared examination on:(A) the art and technique of funeral directing;(B) the signs of death;(C) the manner by which death may be determined;(D) sanitation and hygiene;(E) mortuary management and mortuary law;(F) business and professional ethics; and(G) other subjects that may be taught in a recognized school or college of mortuary science; and(2) a written examination developed by the commission or developed for the commission by contract on:(A) laws applicable to vital statistics pertaining to dead human bodies; and(B) local and state rules and laws relating to the preparation, transportation, care, and disposition of dead human bodies.
Sec. 651.256. EXAMINATIONS REQUIRED FOR EMBALMER'S LICENSE. The commission shall administer or arrange for the administration of:(1) a written professionally prepared examination on:(A) the anatomy of the human body, including:(i) the cavities of the human body; and(ii) the arterial and venous system of the human body;(B) blood and discoloration;(C) bacteriology and hygiene;(D) pathology;(E) chemistry and embalming;(F) arterial and cavity embalming;(G) restorative art;(H) disinfecting;(I) embalming special cases;(J) contagious and infectious diseases;(K) mortuary management;(L) care, preservation, transportation, and disposition of dead human bodies;(M) sanitary science; and(N) other subjects that may be taught in a recognized school or college of mortuary science; and(2) a written examination developed by the commission or developed for the commission by contract on:(A) laws applicable to vital statistics pertaining to dead human bodies; and(B) local and state rules and laws relating to the care and disposition of dead human bodies.
Sec. 651.257. FOREIGN STUDENTS; CERTIFICATE OF MERIT. (a) A citizen of a country other than the United States who has completed a full course of mortuary science at a commission-approved college in this state may take the commission examination in embalming, funeral directing, or both after:(1) applying to the commission; and(2) paying the examination fee required of other applicants.(b) The commission may award the applicant a certificate of merit if the applicant successfully makes the minimum grades required of other applicants. The certificate of merit does not authorize the holder of the certificate to practice embalming or funeral directing in this state unless the holder is otherwise licensed as an embalmer or funeral director under this chapter.
Sec. 651.258. LICENSE ISSUANCE. On issuance of a funeral director's license or an embalmer's license under this chapter, a majority of the commission members shall sign the license. The license authorizes the license holder to practice embalming, funeral directing, or both.
Sec. 651.259. APPLICATION BY OUT-OF-STATE LICENSE HOLDER. (a) The commission shall waive any requirement for a funeral director's license or an embalmer's license for an applicant who holds a license issued by another state, country, or territory that has license requirements substantially equivalent to the requirements of this state and who meets the requirements of this section. The commission may waive any license requirement for an applicant who holds a license issued by another state that does not have license requirements substantially equivalent to those of this state and who meets the requirements of this section. The applicant shall pay a license fee in an amount set by the commission.(b) Any applicant for a license under this section shall file a sworn application that includes:(1) a statement that:(A) the applicant is the person to whom the license was issued;(B) no proceeding has been instituted against the applicant for the cancellation, suspension, or revocation of the license in the state, country, or territory that issued the license; and(C) no prosecution is pending against the applicant in a state or federal court for an offense that, under the laws of this state, is a felony, or is a misdemeanor related to the practice of embalming or funeral directing; and(2) an affidavit of a person described by Subsection (c) verifying that:(A) the accompanying license has not been canceled, suspended, or revoked; and(B) the statement of the qualifications made in the application for licensure in this state is correct.(c) The affidavit must be made by:(1) the presiding officer or secretary of the governmental entity that issued the license; or(2) a registration officer of the state, country, or territory that issued the license.(d) The applicant must affirm in the statement that the license under which the applicant practiced as a funeral director or embalmer in the state, country, or territory from which the applicant moved was, at the time the applicant left, in effect.(e) The commission shall conduct a criminal background check on each applicant. An applicant is not eligible for a license under this section if the applicant has, in the 10 years preceding the date of the application, been finally convicted of a misdemeanor involving moral turpitude or a felony.(f) An applicant for a license under this section must:(1) provide proof that:(A) the license is in good standing;(B) the applicant has practiced under the license for at least:(i) one year in the state that issued the license if that state has license requirements substantially equivalent to those of this state; or(ii) five years in the state that issued the license if that state does not have license requirements substantially equivalent to those of this state; and(C) the applicant has graduated from an accredited college of mortuary science; and(2) pass a written examination of not more than 50 questions on applicable state laws and commission rules.(g) The commission shall conduct the examination under Subsection (f)(2) at each regularly scheduled meeting of the commission.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.384(a), eff. Sept. 1, 2001.
Sec. 651.2595. PROVISIONAL LICENSE. (a) The commission may issue a provisional license to an applicant currently licensed in another jurisdiction who seeks a license in this state and who:(1) has been licensed in good standing as a funeral director or embalmer for at least two years in another jurisdiction, including a foreign country, that has licensing requirements substantially equivalent to the requirements of this chapter;(2) has passed a national or other examination recognized by the commission relating to the practice of funeral director or embalmer; and(3) is sponsored by a person licensed by the commission under this chapter with whom the provisional license holder will practice during the time the person holds a provisional license.(b) The commission may waive the requirement of Subsection (a)(3) for an applicant if the commission determines that compliance with that subsection would be a hardship to the applicant.(c) A provisional license is valid until the date the commission approves or denies the provisional license holder's application for a license. The commission shall issue a license under this chapter to the provisional license holder if:(1) the provisional license holder is eligible to be licensed under Section 651.259; or(2) the provisional license holder:(A) passes the part of the examination under Subsection (a) that relates to the applicant's knowledge and understanding of the laws and rules relating to the practice of funeral directing or embalming in this state;(B) meets the academic and experience requirements for a license under this chapter; and(C) satisfies any other licensing requirements under this chapter.(d) The commission shall approve or deny a provisional license holder's application for a license not later than the second anniversary of the date on which the provisional license is issued. The commission may extend the two-year period if the results of an examination have not been received by the commission before the end of that period.(e) The commission may establish a fee for provisional licenses in an amount reasonable and necessary to cover the cost of issuing the license.
Added by Acts 2001, 77th Leg., ch. 682, Sec. 1.16, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 562, Sec. 15, eff. Sept. 1, 2003.
Sec. 651.260. DUPLICATE LICENSE. (a) If a license issued under this chapter is lost or destroyed, the license holder may apply to the commission for a duplicate license.(b) The license holder must submit the application on a form prescribed by the commission and must submit with the application an affidavit verifying:(1) the loss or destruction of the license;(2) that the license holder is the person to whom the license was issued; and(3) any other information concerning the loss or destruction of the license the commission requires.(c) The commission shall issue a duplicate license after receipt of the information and payment of the fee set by the commission for the duplicate license.
Sec. 651.261. POSTING OF LICENSE. A license holder shall conspicuously display the holder's license in each place of business at which the license holder practices.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 562, Sec. 16, eff. Sept. 1, 2003.
Sec. 651.264. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER. (a) The commission may renew without reexamination an expired license of a person who was licensed in this state, moved to another state, and is licensed and has been in practice in the other state for the two years before the person applied for a renewal license.(b) The person must pay to the commission a fee equal to the renewal fee for the license.
Sec. 651.265. RENEWAL FOR CERTAIN RETIRED APPLICANTS; INACTIVE STATUS. (a) A license holder who is at least 65 years of age or who has a disability of 75 percent or greater at the time an application for renewal is submitted may apply for renewal of the license in the category of retired, inactive status, or the category of retired, active status.(b) On application, the commission may renew the license of a retired license holder who does not provide funeral or embalming services in the category of retired, inactive status. The commission may not charge a fee for the renewal of a license for retired, inactive status.(c) On application, the commission may renew in the category of retired, active status, the license of a retired license holder who participates in any manner, nominal or otherwise, in the provision of funeral or embalming services. The commission shall charge a fee equal to one-half of the amount of the license renewal fee charged other active license holders.
Sec. 651.266. CONTINUING EDUCATION. The commission by rule may require continuing education as a condition for license renewal except for a license holder described by Section 651.155 or an applicant for renewal described by Section 651.265. If the commission requires continuing education, the commission shall require completion of a minimum number of hours of ethics training as a required part of that education.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.19, eff. Sept. 1, 2001.
Sec. 651.267. REISSUANCE OF REVOKED LICENSE. (a) On application, the commission may reissue a license issued under this subchapter to a person whose license has been revoked. An application to reissue a license may not be made before the third anniversary of the date of the revocation.(b) The application shall be made in the manner and form required by the commission.(c) A hearing to determine whether to reissue a license shall be held before the commission unless the commission requires the hearing to be held before a hearings officer.(d) A license that has been revoked may be reinstated only after the applicant:(1) retakes and passes the applicable examination;(2) pays a fee that is equal to two times the normally required renewal fee; and(3) satisfies any other commission requirements, including any continuing education requirements under Section 651.266.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 562, Sec. 17, eff. Sept. 1, 2003.Amended by: Acts 2009, 81st Leg., R.S., Ch. 263, Sec. 23, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 263, Sec. 24, eff. September 1, 2009.
SUBCHAPTER G. LICENSE REQUIREMENTS: PROVISIONAL LICENSE HOLDERSSec. 651.301. PROVISIONAL LICENSE REQUIRED. A person must obtain a provisional license before the person may engage in learning the practice of funeral directing or embalming under the instruction, direction, and personal supervision in this state of a licensed funeral director or embalmer.
Sec. 651.302. APPLICATION; ISSUANCE OF PROVISIONAL LICENSE. (a) The commission shall issue a provisional license to practice funeral directing to an applicant who:(1) is at least 18 years of age;(2) has completed the educational requirements of Section 651.253 or is enrolled in an accredited school or college of mortuary science;(3) is employed by a funeral director to learn funeral directing or embalming under the instruction and supervision of the funeral director;(4) files an application for a provisional license on a form provided by the commission and verified under oath by the applicant; and(5) pays any required application or license fee.(b) The commission shall issue a provisional license to practice embalming to an applicant who:(1) is at least 18 years of age;(2) has completed the educational requirements of Section 651.253 or is enrolled in an accredited school or college of mortuary science;(3) files an application for a provisional license;(4) pays any required application or license fee; and(5) complies with the requirements of this chapter and of the commission.(c) Repealed by Acts 2003, 78th Leg., ch. 562, Sec. 42(2).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 562, Sec. 18, 42(2), eff. Sept. 1, 2003.
Sec. 651.303. PROVISIONAL LICENSE PROGRAM. (a) The commission shall prescribe and supervise the course of instruction received by a provisional license holder while participating in a provisional license program.(b) The commission by rule shall define the terms of employment of a provisional license holder. The terms of employment:(1) must include service by the provisional license holder:(A) of at least 17 hours a week or 73 hours a month; and(B) under actual working conditions and under the personal supervision of a funeral director or embalmer; and(2) may not require more than 17 hours a week or 73 hours a month.(c) The term of the provisional license program must be at least 12 consecutive months.(d) The provisional license program must include assisting with at least 60 cases. Not more than two provisional license holders may receive credit for work done on any one body. The commission by rule shall:(1) define the standards for a case;(2) set the number of cases a provisional license holder is required to complete during the program; and(3) establish guidelines for supervision under which a provisional license holder is granted increased responsibilities during the course of the provisional license program.(e) The standards required for a complete case include:(1) for an embalmer, all the duties and activities necessary for embalming; and(2) for a funeral director, all the activities necessary from the time the body is obtained until final disposition.(f) The funeral director provisional license program may be served concurrently with the embalmer provisional license program.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 562, Sec. 19, eff. Sept. 1, 2003.
Sec. 651.3035. MORTUARY COLLEGE CREDIT FOR PROVISIONAL LICENSE PROGRAM. (a) A case completed under S
