| |
| |
| |
|
|
AN ACT
|
|
|
relating to the regulation of funeral establishments, including |
|
|
requirements for a retail price list of services provided by such |
|
|
establishments. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subsections (b) and (c), Section 651.303, |
|
|
Occupations Code, are amended to read as follows: |
|
|
(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 but not more than 24 consecutive |
|
|
months. |
|
|
SECTION 2. Subsection (a), Section 651.405, Occupations |
|
|
Code, is amended to read as follows: |
|
|
(a) "Retail price list" means a printed or typewritten list |
|
|
of the retail price of items or services provided by a funeral |
|
|
establishment and must include the retail price of: |
|
|
(1) transferring a deceased person to the funeral |
|
|
establishment; |
|
|
(2) embalming; |
|
|
(3) using a funeral establishment facility for viewing |
|
|
the deceased; |
|
|
(4) using a funeral establishment facility for funeral |
|
|
services; |
|
|
(5) using a hearse; |
|
|
(6) using a limousine; |
|
|
(7) caskets; |
|
|
(8) outer enclosures; [and] |
|
|
(9) filing a claim seeking life insurance proceeds on |
|
|
behalf of the beneficiaries; and |
|
|
(10) other itemized services provided by the funeral |
|
|
establishment staff. |
|
|
SECTION 3. Subchapter K, Chapter 651, Occupations Code, is |
|
|
amended by adding Section 651.5011 to read as follows: |
|
|
Sec. 651.5011. CHARGING FUNERAL DIRECTOR IN CHARGE WITH |
|
|
VIOLATION. In determining whether to charge a funeral director in |
|
|
charge with a violation based on conduct for which a licensed |
|
|
employee of the funeral establishment was directly responsible, the |
|
|
commission may consider: |
|
|
(1) the nature and seriousness of the violation; |
|
|
(2) the extent to which the licensed employee of the |
|
|
funeral establishment whose conduct is the basis of the violation |
|
|
was under the direct supervision of the funeral director in charge |
|
|
or another person at the time the licensed employee engaged in the |
|
|
conduct; and |
|
|
(3) the causal connection between the supervision of |
|
|
the licensed employee of the funeral establishment by the funeral |
|
|
director in charge and the conduct engaged in by the licensed |
|
|
employee that is the basis of the violation. |
|
|
SECTION 4. This Act takes effect September 1, 2011. |
|
|
|
|
|
|
| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 864 passed the Senate on |
|
|
March 28, 2011, by the following vote: Yeas 31, Nays 0; and that |
|
|
the Senate concurred in House amendment on May 23, 2011, by the |
|
|
following vote: Yeas 31, Nays 0. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 864 passed the House, with |
|
|
amendment, on May 20, 2011, by the following vote: Yeas 146, |
|
|
Nays 0, two present not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
|
| |
|
|
Approved: |
|
|
|
|
|
______________________________ |
|
|
Date |
|
|
|
|
|
|
|
|
______________________________ |
|
|
Governor |