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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 76(R)

HOUSE BILL 3516

HOUSE AUTHOR: Marchant

EFFECTIVE: 9-1-99

SENATE SPONSOR: Carona

            House Bill 3516 amends statutory provisions relating to the duties and responsibilities of the Texas Funeral Service Commission and to its licensees. It ends the terms of the nine current members of the commission on the date the act becomes effective and directs the governor to appoint a six-member commission, including four representatives of the general public, one of whom is to be designated by the governor as the presiding officer and one elected by the members to serve as assistant presiding officer, and two members who hold a license as both an embalmer and a funeral director. The commission is required rather than authorized to employ an executive director, and related requirements are specified. The commission is required to establish standards that enable the executive director to issue subpoenas in connection with a complaint under investigation by the commission. The act also includes other provisions concerning commissioners' terms, conflict of interest, open meetings, vacancies in office, and required reports.

            House Bill 3516 provides for reciprocal licenses for persons licensed in other states and exempts certain funeral establishments from the requirement to have an embalming room. It includes provisions concerning administrative procedures and penalties, including waiving the right to a hearing and proceedings held before administrative law judges. It also removes authorization for the commission to contract for the services of persons to investigate complaints, leaving in place language requiring the commission to employ persons for such duties, and removes certain required qualifications for an investigator.