SUBCHAPTER
A. GENERAL PROVISIONS
§ 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.
(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, § 1, eff. Sept.
1, 1999. Amended by Acts 2001, 77th Leg., ch.
682, § 1.03, eff. Sept. 1, 2001.
§ 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, 2003.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept.
1, 1999. Amended by Acts 2001, 77th Leg., ch.
682, § 1.04, eff. Sept. 1, 2001.
§ 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.
(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, § 1, eff. Sept.
1, 1999.
SUBCHAPTER B.
TEXAS FUNERAL SERVICE COMMISSION
§ 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, § 1, eff. Sept.
1, 1999. Amended by Acts 2001, 77th Leg., ch.
682, § 1.05, eff. Sept. 1, 2001; Acts 2001,
77th Leg., ch. 1420, § 14.372, eff. Sept. 1,
2001.
§ 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, § 1.06,
eff. Sept. 1, 2001.
§ 651.0512.
Training for Employees on State Incentive
Program
The executive director or the executive
director's designee shall provide to commission
employees information and training on the
benefits and methods of participation in the
state employee incentive program under
Subchapter B, Chapter 2108, Government Code.
Added by Acts 2001, 77th Leg., ch. 682, § 1.06,
eff. Sept. 1, 2001.
§ 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, § 1, eff. Sept.
1, 1999. Amended by Acts 2001, 77th Leg., ch.
682, § 1.07, eff. Sept. 1, 2001.
§ 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, § 1, eff. Sept.
1, 1999. Amended by Acts 2001, 77th Leg., ch.
682, § 1.08, eff. Sept. 1, 2001.
§ 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, § 1, eff. Sept.
1, 1999. Amended by Acts 2001, 77th Leg., ch.
1420, § 14.374(a), eff. Sept. 1, 2001.
§ 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.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept.
1, 1999.
§ 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.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept.
1, 1999.
§ 651.057.
Officers
(a) The governor shall designate one public
member of the commission as the presiding
officer of the commission to serve in that
capacity at the pleasure of the governor.
(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, § 1, eff. Sept.
1, 1999. Amended by Acts 2001, 77th Leg., ch.
1420, § 14.375(a), eff. Sept. 1, 2001.
§ 651.058.
Office Location
The commission's offices are located in Austin,
Texas.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept.
1, 1999.
§ 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, § 1, eff. Sept.
1, 1999. Amended by Acts 2001, 77th Leg., ch.
1420, § 14.376(a), eff. Sept. 1, 2001.
§ 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, §
14.377(a), eff. Sept. 1, 2001.
SUBCHAPTER C.
EXECUTIVE DIRECTOR AND PERSONNEL
§ 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) The commission shall require a bond of the
executive director or acting executive director.
The premium for the bond shall be paid from
commission funds. The bond must:
(1) equal the maximum annual anticipated
receipts of the commission; and
(2) be deposited with the comptroller.
(c) The commission may delegate the
commissioners' duties to the executive director.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept.
1, 1999. Amended by Acts 2001, 77th Leg., ch.
1420, § 14.377(b), eff. Sept. 1, 2001.
§ 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, § 1, eff. Sept.
1, 1999. Amended by Acts 2001, 77th Leg., ch.
1420, § 14.377(c), eff. Sept. 1, 2001.
§ 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, § 1, eff. Sept.
1, 1999. Amended by Acts 2001, 77th Leg., ch.
1420, § 14.378(a), eff. Sept. 1, 2001.
§ 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, § 1, eff. Sept.
1, 1999. Amended by Acts 2001, 77th Leg., ch.
682, § 1.09, eff. Sept. 1, 2001.
§ 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.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept.
1, 1999.
§ 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, § 1, eff. Sept.
1, 1999. Amended by Acts 2001, 77th Leg., ch.
1420, § 14.379(a), eff. Sept. 1, 2001.
§ 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, § 1, eff. Sept.
1, 1999. Amended by Acts 2001, 77th Leg., ch.
682, § 1.10, eff. Sept. 1, 2001.
SUBCHAPTER D.
COMMISSION POWERS AND DUTIES
§ 651.151.
General Powers and Duties
(a) The commission shall establish proficiency,
professionalism, and qualification standards for
funeral directors and embalmers.
(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, § 1, eff. Sept.
1, 1999.
§ 651.152.
Rules; Procedures; Forms
The commission may adopt rules, establish
procedures, and prescribe forms necessary to
administer this chapter.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept.
1, 1999.
§ 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.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept.
1, 1999.
§ 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 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.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept.
1, 1999.
§ 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.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept.
1, 1999.
§ 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.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept.
1, 1999. Amended by Acts 2001, 77th Leg., ch.
1420, § 14.380(a), eff. Sept. 1, 2001.
§ 651.157.
Inspection of Funeral Establishment
(a) Except as provided by Subsection (b), a
licensed 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 or 361, Health and
Safety Code, the commission shall inspect the
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 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 or
embalming is practiced shall be open at all
times to inspection for any violation of this
chapter or of Chapter 193 or 361, 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 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, § 1, eff. Sept.
1, 1999. Amended by Acts 2001, 77th Leg., ch.
682, § 1.11, eff. Sept. 1, 2001.
§ 651.1575.
Inspection of Cemetery
or Crematory
(a) The commission may inspect a cemetery
or crematory only if the commission receives a
complaint about that facility under Section
651.202.
(b) A report of an inspection made under this
section shall be filed with the commission.
(c) The commission by rule shall establish
procedures for the inspection of a cemetery
or crematory required by this section.
Added by Acts 2001, 77th Leg., ch. 682, § 1.12,
eff. Sept. 1, 2001.
§ 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.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept.
1, 1999.
§ 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.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept.
1, 1999.
§ 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.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept.
1, 1999.
§ 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, § 1, eff. Sept.
1, 1999. Amended by Acts 2001, 77th Leg., ch.
1420, § 14.381(a), eff. Sept. 1, 2001.
§ 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, § 1, eff. Sept.
1, 1999. Amended by Acts 2001, 77th Leg., ch.
1420, § 14.382(a), eff. Sept. 1, 2001.
§ 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, §
14.383(a), eff. Sept. 1, 2001.
§ 651.164.
License or Registration Expiration.
The commission by rule may adopt a system under
which licenses or registrations expire on
various dates during the year. For the year in
which the license or registration expiration
date is changed, the commission shall prorate
license or registration fees on a monthly basis
so that each license holder or registrant pays
only that portion of the license or registration
fee that is allocable to the number of months
during which the license or registration is
valid. On renewal of the license or registration
on the new expiration date, the total license or
registration renewal fee is payable.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept.
1, 1999. Renumbered from § 651.262 and amended
by Acts 2001, 77th Leg., ch. 682, § 1.17, eff.
Sept. 1, 2001.
§ 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 not renew the license. The
person may obtain a new license by complying
with the requirements and procedures, including
the examination requirements, for obtaining an
original license.
(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, § 1, eff. Sept.
1, 1999. Renumbered from § 651.263 and amended
by Acts 2001, 77th Leg., ch. 682, § 1.18, eff.
Sept. 1, 2001.
SUBCHAPTER E.
PUBLIC INTEREST AND COMPLAINT INFORMATION
§ 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.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept.
1, 1999.
§ 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 or registration 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 or registrant
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, § 1, eff. Sept.
1, 1999. Amended by Acts 2001, 77th Leg., ch.
682, § 1.13, eff. Sept. 1, 2001.
§ 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, § 1, eff. Sept.
1, 1999. Amended by Acts 2001, 77th Leg., ch.
682, § 1.14, eff. Sept. 1, 2001; Acts 2001,
77th Leg., ch. 1420, § 14.378(b), eff. Sept. 1,
2001.
§ 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, § 1, eff. Sept.
1, 1999. Amended by Acts 2001, 77th Leg., ch.
1420, § 14.376(b), eff. Sept. 1, 2001.
SUBCHAPTER F.
LICENSE REQUIREMENTS: FUNERAL DIRECTORS AND
EMBALMERS
§ 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.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept.
1, 1999.
§ 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.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept.
1, 1999.
§ 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.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept.
1, 1999.
§ 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, § 1, eff. Sept.
1, 1999. Amended by Acts 2001, 77th Leg., ch.
682, § 1.15, eff. Sept. 1, 2001.
§ 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.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept.
1, 1999.
§ 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.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept.
1, 1999.
§ 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.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept.
1, 1999.
§ 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.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept.
1, 1999.
§ 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, § 1, eff. Sept.
1, 1999. Amended by Acts 2001, 77th Leg., ch.
1420, § 14.384(a), eff. Sept. 1, 2001.
§ 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
