By: Jones, D. H.B. No. 466
73R1542 JMM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of funeral directors and embalmers by
1-3 the Texas Funeral Service Commission.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subdivision 1, Subsection A, Section 1, Chapter
1-6 251, Acts of the 53rd Legislature, Regular Session, 1953 (Article
1-7 4582b, Vernon's Texas Civil Statutes), is amended to read as
1-8 follows:
1-9 1. A "funeral director" as that term is used herein,
1-10 is a person who for compensation engages in or conducts, or who
1-11 holds himself out as being engaged, for compensation, in preparing,
1-12 other than by embalming, for the burial or disposition of dead
1-13 human bodies<, and maintaining or operating a funeral establishment
1-14 for the preparation and disposition, or for the care of dead human
1-15 bodies>.
1-16 SECTION 2. Subsections G and H, Section 1, Chapter 251, Acts
1-17 of the 53rd Legislature, Regular Session, 1953 (Article 4582b,
1-18 Vernon's Texas Civil Statutes), are amended to read as follows:
1-19 G. The term "funeral establishment" as herein used is a
1-20 place of business used in the care and preparation for burial or
1-21 transportation of dead human bodies, or any place where one or more
1-22 persons, either as sole owner, in co-partnership, or through
1-23 corporate status, represent themselves to be engaged in the
1-24 business of embalming and/or funeral directing, or as so engaged.
2-1 Such funeral directing and embalming shall be performed only by a
2-2 licensed funeral director, a licensed embalmer, a registered
2-3 apprentice, or a qualified mortuary student under the supervision
2-4 and direction of a licensed funeral director and/or embalmer.
2-5 H. The term "due notice" as herein used shall mean published
2-6 notice of the time and place of regular meetings of the commission.
2-7 Notice of time, place, and purpose of any meeting of the commission
2-8 filed with the Texas Register<,> at least seven (7) days prior
2-9 thereto<,> shall be adequate notice for any regular meeting,
2-10 including the giving of examinations<; however, a notice of a
2-11 meeting wherein a change in the rules and regulations of the
2-12 commission is to be considered, shall be given by written notice in
2-13 the Texas Register at least thirty (30) days in advance of any
2-14 hearing thereon>.
2-15 SECTION 3. Subdivision (5), Subsection A, Section 2, Chapter
2-16 251, Acts of the 53rd Legislature, Regular Session, 1953 (Article
2-17 4582b, Vernon's Texas Civil Statutes), is amended to read as
2-18 follows:
2-19 (5) No more than two commissioners <A commissioner>
2-20 may <not> participate in any commission proceeding relating to a
2-21 case that awaits a hearing as described by Section 6C of this Act
2-22 as long as at least one of the two commissioners is not subject to
2-23 regulation under this Act.
2-24 SECTION 4. Section 2, Chapter 251, Acts of the 53rd
2-25 Legislature, Regular Session, 1953 (Article 4582b, Vernon's Texas
2-26 Civil Statutes), is amended by amending Subsections H and L and
2-27 adding Subsections S and T to read as follows:
3-1 H. The commission may employ such inspectors, <and> clerical
3-2 and technical assistants, legal counsel other than the attorney
3-3 general, and <including> an Executive Director, as may be
3-4 determined by it to be necessary to carry out the provisions of
3-5 this Act, and the terms, conditions and expenses of such employment
3-6 shall be determined by the commission.
3-7 L. The commission may issue, or delegate to the executive
3-8 director the power to issue, subpoenas and subpoenas duces tecum.
3-9 A subpoena or subpoena duces tecum issued under this subsection
3-10 must be served either by personal service or by certified mail,
3-11 return receipt requested <shall prescribe the form of the official
3-12 application blank. It shall notify the proprietor of each licensed
3-13 funeral establishment in this state that any person who seeks
3-14 employment as a funeral director or embalmer must fill in this
3-15 application blank, and that the person receiving the application
3-16 must mail a copy of the official form to the commission. The
3-17 commission shall inform the prospective employer of the status of
3-18 the applicant's license to engage in the activity he proposes>.
3-19 S. The commission may appoint committees to consider and
3-20 make recommendations on matters referred to them by the commission.
3-21 T. The commission may institute an action in its own name to
3-22 enjoin the violation of this Act. An action under this subsection
3-23 is in addition to any other action, proceeding, or remedy
3-24 authorized by law. In an action under this subsection, the
3-25 commission shall be represented by the attorney general, a county
3-26 or district attorney, or, if authorized by the attorney general, by
3-27 counsel designated and authorized by the commission.
4-1 SECTION 5. Section 3, Chapter 251, Acts of the 53rd
4-2 Legislature, Regular Session, 1953 (Article 4582b, Vernon's Texas
4-3 Civil Statutes), is amended by amending Subsections A, D, E, and H
4-4 and adding Subsection J to read as follows:
4-5 A. The commission is hereby authorized and empowered and it
4-6 shall be its duty to prescribe and maintain a standard of
4-7 proficiency, character, professionalism, and qualifications of
4-8 those engaged or who may engage in the practice of a funeral
4-9 director or embalmer and to determine the qualifications necessary
4-10 to enable any person to lawfully practice as a funeral director, to
4-11 embalm dead human bodies, and to collect the fees therefor. The
4-12 commission shall examine all applicants for funeral directors' and
4-13 embalmers' licenses and for apprenticeship licenses and shall issue
4-14 the proper license to all persons qualified and who meet the
4-15 requirements herein prescribed.
4-16 D. It shall be the duty of the commission to prescribe and
4-17 supervise the course of instruction received by an apprentice while
4-18 serving his or her apprenticeship, consistent with the following
4-19 requirements to establish such an apprenticeship registration
4-20 procedure:
4-21 1. Apprenticeship for embalmer: A license to practice
4-22 the science of embalming shall not be issued unless and until the
4-23 applicant therefor has served an apprenticeship period of not less
4-24 than twelve (12) consecutive months under the personal supervision
4-25 and instruction of a licensed embalmer and has successfully
4-26 completed all requirements of apprenticeship. The only exception
4-27 to this requirement shall be in the case of an applicant under
5-1 reciprocity.
5-2 (a) Any person, eighteen (18) years of age or
5-3 more, who desires to practice the science of embalming in this
5-4 state, files application therefor, meets the requirements of the
5-5 law and this commission, and possesses such qualification to enter
5-6 into apprenticeship training, may be registered as an apprentice.
5-7 Apprenticeship for a license to practice the science of embalming
5-8 must be served by the person after graduation from a school or
5-9 college of mortuary science. An applicant shall pay a registration
5-10 fee at the time he requests such apprenticeship registration.
5-11 (a-1) An applicant for a license to practice
5-12 <the science of> embalming must make <who attains> a grade of 75
5-13 percent <70%> or higher on the written examination used <given> by
5-14 the commission. An applicant who has not registered as an
5-15 apprentice before the second anniversary of the date the applicant
5-16 took the examination must pass the examination again before being
5-17 registered as an apprentice <upon payment of a registration fee
5-18 shall be registered as an apprentice within six (6) months of such
5-19 examination>.
5-20 (b) Each registered apprentice embalmer shall be
5-21 issued a certificate of apprenticeship or other means of
5-22 apprenticeship identification by the commission to be served in the
5-23 State of Texas. During the apprenticeship, an apprentice shall
5-24 work on a minimum of sixty (60) <forty (40)> cases. No more than
5-25 two (2) apprentices may receive credit <due> for work on any one
5-26 body. The commission by rule shall define the standards for a case
5-27 and shall establish the minimum number of complete cases an
6-1 apprentice is required to execute during the apprenticeship. The
6-2 standards required for a complete case shall include all the duties
6-3 and activities necessary for embalming. The commission by rule
6-4 also shall establish guidelines for apprentice supervisors under
6-5 which an apprentice is granted increased responsibilities during
6-6 the course of the apprenticeship.
6-7 (c) An apprentice embalmer must report within
6-8 ten (10) days after the end of each month each <separate> case
6-9 handled by the apprentice <him> or with which the apprentice <he
6-10 has> assisted in handling during that month. Each such report
6-11 shall be certified by the licensee under whom the apprentice
6-12 performed the <his> work. <Throughout the period of
6-13 apprenticeship, the apprentice shall report on at least one (1)
6-14 such case of embalming each calendar month, within the month.> For
6-15 <In> any month in which the apprentice <he> did not embalm at least
6-16 one (1) case under the direction of a licensed embalmer, a report
6-17 shall be made to the commission notwithstanding.
6-18 (d) The commission shall set the registration
6-19 and examination fees in an amount that is reasonable and necessary
6-20 for the administration of the registration and examination.
6-21 2. Apprentice for Funeral Director: The term of
6-22 apprenticeship for a funeral director's license shall be a period
6-23 of not less than twelve (12) months, and may be served concurrently
6-24 with apprenticeship for an embalmer's license; however,
6-25 apprenticeship must be served in twelve (12) consecutive months. A
6-26 person desiring to become an apprentice funeral director shall make
6-27 application to the commission on a form provided by the commission,
7-1 and if the commission desires, he shall appear before at least one
7-2 (1) member of the commission, or a designated representative
7-3 thereof, for approval of his application, subject to review of it
7-4 by the entire commission. An applicant must be not less than
7-5 eighteen (18) years of age and have completed the educational
7-6 requirements prescribed for a funeral director, except that the
7-7 commission by rule may allow an applicant for a funeral director's
7-8 license to begin serving the one (1) year apprenticeship before or
7-9 after the applicant enrolls in a school of embalming or college of
7-10 mortuary science. The application for registration shall be sworn
7-11 to and accompanied by a registration fee. If the application is
7-12 accepted, an applicant will be issued a certificate of
7-13 apprenticeship registration upon determination by the commission
7-14 that his qualifications are satisfactory.
7-15 (a) An applicant for a funeral director's
7-16 license and the examination therefor who has not completed the
7-17 <begun> one (1) year of apprenticeship prior to graduation from a
7-18 school of embalming or college of mortuary science shall be
7-19 admitted to apprenticeship only if the applicant applies for and
7-20 takes the written examination given by the commission, and pays the
7-21 registration fee, whereupon he may <shall> be registered as an
7-22 apprentice if the applicant otherwise meets the requirements of
7-23 this Act. An applicant who has not registered as an apprentice
7-24 before the second anniversary of the date the applicant took the
7-25 examination must pass the examination again before being registered
7-26 as an apprentice. <Provided, however, an applicant must register
7-27 as an apprentice within six (6) months of such examination.>
8-1 (b) An apprentice funeral director must report
8-2 within ten (10) days after the end of each month each <separate>
8-3 case that the apprentice <with which he has> assisted in handling
8-4 during that month. Each <such> report shall be certified to by the
8-5 licensee under whom the apprentice performed the work. Throughout
8-6 the period of apprenticeship the apprentice shall report on at
8-7 least one (1) such case each calendar month<, within the month>.
8-8 For <In> any month within which the apprentice <he> did not assist
8-9 a licensed funeral director in handling a funeral, a report shall
8-10 be made to the commission notwithstanding.
8-11 (c) An apprenticeship shall include assisting a
8-12 licensed funeral director in this state with a minimum of sixty
8-13 (60) <forty (40)> cases. No more than two (2) apprentices may
8-14 receive credit for work done on any one body. The commission by
8-15 rule shall define the standards for a case and shall set the number
8-16 of complete cases an apprentice is required to execute during the
8-17 apprenticeship. The standards required for a complete case shall
8-18 include all the activities necessary from the time the body is
8-19 obtained until final disposition. The commission by rule also
8-20 shall establish guidelines for apprentice supervisors under which
8-21 an apprentice is granted increased responsibilities during the
8-22 course of the apprenticeship.
8-23 (d) The commission shall set the registration
8-24 and examination fees in an amount that is reasonable and necessary
8-25 for the administration of the registration and examination.
8-26 (e) An applicant for a funeral director license
8-27 may not be considered for licensure until the applicant completes
9-1 all of the requirements of an apprenticeship and attains a grade of
9-2 75 percent or higher on the written examination given by the
9-3 commission.
9-4 3. Annual renewal apprenticeship certificate: Each
9-5 certificate of apprenticeship issued by the commission to an
9-6 apprentice embalmer or apprentice funeral director must be renewed
9-7 on the first day of January of each year and will be renewed upon
9-8 payment by the apprentice of a renewal fee, provided the apprentice
9-9 has observed the rules and regulations of the commission with
9-10 respect to his apprenticeship. Notice shall be mailed, during the
9-11 month of December each year, to each registered apprentice at his
9-12 last known address, notifying him that the renewal fee is due. If
9-13 a registered apprentice fails to pay the annual renewal fee by the
9-14 due date, the commission shall impose a late payment penalty equal
9-15 in amount to the license renewal fee and shall suspend his
9-16 certificate for nonpayment and notify such apprentice of such
9-17 suspension. If the said renewal fee and penalty are not then paid
9-18 within ninety (90) days from the date of such notice of suspension,
9-19 the commission shall then cancel such certificate. Provided,
9-20 however, after an apprentice certificate has been cancelled, the
9-21 apprentice may apply for reinstatement within eighteen (18) months
9-22 from the date such apprentice certificate was cancelled and the
9-23 commission may reinstate said apprentice provided he meets all
9-24 other requirements of the commission and pays the license fee and a
9-25 late payment penalty equal in amount to the license fee for the
9-26 period of the cancellation. A certificate of apprenticeship may
9-27 not be renewed for more than a total period of five (5) years from
10-1 the date of its issuance. It is provided that the registration fee
10-2 of any apprentice who is actively engaged in the military service
10-3 of the United States may be remitted for the duration of such
10-4 service or for such fees and such time as the commission may deem
10-5 advisable upon presentation of proper evidence required by the
10-6 commission. The commission shall set the renewal fee and the
10-7 penalty in an amount that is reasonable and necessary for the
10-8 administration of this Act. An apprentice certificate that has
10-9 been cancelled or suspended or has lapsed for a period of five (5)
10-10 years or more may be reinstated only if the applicant takes and
10-11 passes the applicable apprenticeship examination under Subdivision
10-12 1 or 2 of this subsection. The commission may adopt rules relating
10-13 to the reinstatement of such an apprenticeship certificate.
10-14 3a. The commission by rule shall adopt a system under
10-15 which certificates expire on various dates during the year. The
10-16 date for sending notice that payment is due and the date for
10-17 suspension due to nonpayment shall be adjusted accordingly. For
10-18 the year in which the certificate expiration date is changed,
10-19 certification fees payable on January 1 shall be prorated on a
10-20 monthly basis so that each certificate holder shall pay only that
10-21 portion of the certification fee which is allocable to the number
10-22 of months during which the certificate is valid. On renewal of the
10-23 certificate on the new expiration date the total renewal fee is
10-24 payable.
10-25 4. Notification of the commission upon entry into
10-26 apprenticeship: When an apprentice enters the employ of a licensed
10-27 embalmer or funeral director, he shall immediately notify the
11-1 commission of the name and place of business of the licensed
11-2 embalmer or funeral director whose service he has entered and the
11-3 name of the funeral director or embalmer under whom he will train,
11-4 and such notification shall be signed by the embalmer or funeral
11-5 director in each case. If at any time thereafter such apprentice
11-6 leaves the employ of the licensed embalmer or funeral director
11-7 whose services he has entered, the said licensed embalmer or
11-8 funeral director shall give to such apprentice an affidavit showing
11-9 the length of time he has served as an apprentice with him and the
11-10 number of cases handled while so employed; the original of said
11-11 affidavit shall be filed with the commission and made a matter of
11-12 record, and a copy shall be furnished to the apprentice. The
11-13 commission shall furnish report forms to be used by each
11-14 apprentice.
11-15 5. A holder of a certificate of apprenticeship is
11-16 subject to the same disciplinary actions as a holder of a funeral
11-17 director or embalmer license for a violation of this Act or a rule
11-18 adopted under this Act <may be suspended or revoked as provided and
11-19 set forth in Section 3, subsection H>.
11-20 E. Any person engaged or desiring to engage in the practice
11-21 of embalming or funeral directing in this state, in connection with
11-22 the care and disposition of dead human bodies, shall make written
11-23 application to the commission for a license accompanying same with
11-24 an application fee. The license or licenses when issued shall be
11-25 signed by a majority of the commission and shall authorize the
11-26 licensee to practice the science of embalming and/or funeral
11-27 directing. All licenses shall be <registered in the office of the
12-1 County Clerk in any county in which the holder thereof resides and
12-2 practices embalming and/or funeral directing and shall be>
12-3 displayed conspicuously in the place of business. A person may
12-4 renew an unexpired license by paying to the commission before the
12-5 expiration date of the license the required renewal fee. If a
12-6 person's license has been expired for ninety (90) days or less, the
12-7 person may renew the license by paying to the commission the
12-8 required renewal fee and a penalty fee that is one-half of the
12-9 renewal <examination> fee for the license. If a person's license
12-10 has been expired for longer than ninety (90) days but less than
12-11 five (5) <two (2)> years, the person may renew the license by
12-12 paying to the commission all unpaid renewal fees and a penalty fee
12-13 that is equal to one-half of the total of the unpaid renewal fees
12-14 <examination fee for the license>. If a person's license has been
12-15 expired for five (5) <two (2)> years or longer, the person may not
12-16 renew the license. The person may obtain a new license by
12-17 submitting to reexamination and complying with the requirements and
12-18 procedures for obtaining an original license. However, the
12-19 commission may renew without reexamination an expired license of a
12-20 person who was licensed in this state, moved to another state, and
12-21 is currently licensed and has been in practice in the other state
12-22 for the two (2) years preceding application. The person must pay
12-23 to the commission a fee that is equal to the renewal <examination>
12-24 fee for the license. At least thirty (30) days before the
12-25 expiration of a person's license, the commission shall send written
12-26 notice of the impending license expiration to the person at the
12-27 person's <licensee's> last known address according to the records
13-1 of the commission. The commission may by rule require continuing
13-2 education as a condition for license renewal except for persons
13-3 described in Subdivisions 4 and 5 of this subsection. If any
13-4 license issued under this Act shall be lost or destroyed, the
13-5 holder of any such license may present his application for
13-6 duplicate license to the commission, on a form to be prescribed by
13-7 the commission, together with his affidavit of such loss or
13-8 destruction, and that he is the same person to whom such license
13-9 was issued, and such other information concerning its loss or
13-10 destruction as the commission shall require, and shall, upon
13-11 payment of a duplicate license fee, as determined by the
13-12 commission, be granted a duplicate license.
13-13 H. The commission may, after a hearing as provided by
13-14 Section 6C of this Act, reprimand, assess an administrative
13-15 penalty, revoke, suspend, or probate the suspension of a license or
13-16 apprenticeship, or impose any combination of these sanctions
13-17 against a licensed <seek appropriate injunctive relief against a
13-18 funeral establishment, licensed embalmer, or> funeral director, a
13-19 licensed embalmer, or a registered apprentice <who fails to comply
13-20 with any provision of this Act, including a violation relating to
13-21 prepaid funeral services or funeral services delivered at the time
13-22 of need. This Act does not affect any remedy or enforcement power
13-23 under other laws>. The commission may assess an administrative
13-24 penalty without a hearing if the penalty is assessed <against a
13-25 licensed individual or establishment> in the manner provided by
13-26 Section 6G of this Act <or as the result of a hearing conducted in
13-27 the manner provided by Section 6C of this Act>. Action taken by
14-1 the commission under this section may be based only on a violation
14-2 of this Act or a rule adopted under this Act. The commission may
14-3 refuse without a hearing to license a person or to permit a person
14-4 to serve an apprenticeship if the person has violated this Act or a
14-5 rule adopted under this Act. A person whose license application or
14-6 apprenticeship is refused under this subsection may appeal the
14-7 decision by requesting a hearing not later than the 30th day after
14-8 the date of the refusal. A violation of this Act includes the
14-9 following <After a hearing conducted in the manner provided by
14-10 Section 6C, the commission may issue a reprimand under Section 6H
14-11 of this Act. The commission may assess an administrative penalty,
14-12 revoke, suspend, or place on probation any licensed funeral
14-13 director and/or embalmer or apprentice who violates any provision
14-14 of this Act, including a violation relating to prepaid funeral
14-15 services or funeral services delivered at the time of need. The
14-16 commission may issue a reprimand or refuse to license or admit
14-17 persons to examination for any of the following reasons all of
14-18 which are offenses as provided in Section 6A of this Act>:
14-19 1. The presentation to the commission of any license,
14-20 certificate, or diploma that <which> was illegally or fraudulently
14-21 obtained, or when fraud or deception has been practiced in passing
14-22 the examination;
14-23 2. Conviction of:
14-24 (A) a felony; or
14-25 (B) a misdemeanor related to the practice of
14-26 embalming or funeral directing;
14-27 3. Being unfit to practice as a funeral director
15-1 and/or embalmer by reason of insanity and having been adjudged by a
15-2 court of competent jurisdiction to be of unsound mind;
15-3 4. The use of any statement that misleads or deceives
15-4 the public, including but not limited to false or misleading
15-5 statements regarding (1) any legal, religious, or cemetery
15-6 requirement for funeral merchandise or funeral services, (2) the
15-7 preservative qualities of funeral merchandise or funeral services
15-8 in preventing or substantially delaying natural decomposition or
15-9 decay of human remains, (3) the airtight or watertight properties
15-10 of a casket or outer enclosure, or (4) representations as to
15-11 licensed personnel in the operation of a funeral establishment;
15-12 5. The purchase, sale, barter, or use, or any offer to
15-13 purchase, sell, barter, or use any license, certificate, or
15-14 transcript of license or certificate, in or incident to an
15-15 application to the commission for license to practice as a funeral
15-16 director and/or embalmer;
15-17 6. Altering, with fraudulent intent, any funeral
15-18 director and/or embalmer license, certificate, or transcript of
15-19 license or certificate;
15-20 7. The use of any funeral director and/or embalmer
15-21 license, certificate, diploma<,> or transcript of any such funeral
15-22 director and/or embalmer license, certificate, or diploma that<,
15-23 which> has been fraudulently purchased, issued, counterfeited, or
15-24 materially altered;
15-25 8. The impersonation of, or acting as proxy for,
15-26 another in any examination required by this Act for a funeral
15-27 director and/or embalmer license;
16-1 9. The impersonation of a licensed funeral director or
16-2 embalmer as authorized by this Act <hereunder>, or permitting<,> or
16-3 allowing another to use a person's <his> license<,> or certificate
16-4 to practice as a funeral director or embalmer in this state;
16-5 10. A violation of <Section 1, 5, or 9,> Chapter 512,
16-6 Acts of the 54th Legislature, Regular Session, 1955 (Article 548b,
16-7 Vernon's Texas Civil Statutes), or a rule adopted under that Act;
16-8 11. Taking custody of a dead human body without the
16-9 permission of the person or the agent of the person authorized to
16-10 make funeral arrangements for the deceased, <embalming, or>
16-11 refusing to promptly surrender a dead human body to a person or
16-12 <his> agent authorized to make funeral arrangements for the
16-13 deceased, or embalming a body without the express written or oral
16-14 permission of a person authorized to make funeral arrangements for
16-15 the deceased or without making a documented reasonable effort over
16-16 a period of at least two (2) hours to obtain the permission;
16-17 11A. Attempting without proper authority to embalm a
16-18 dead human body as evidenced by, but not limited to, the use of
16-19 sutures or mechanical devices in the posing of any facial feature,
16-20 <and:>
16-21 <(A)> the making of any incision on the body,<;>
16-22 or
16-23 <(B)> the raising of any circulatory vessel of
16-24 the body;
16-25 12. Wilfully making any false statement on a
16-26 certificate of death or on a document required by this Act or by a
16-27 rule adopted under this Act;
17-1 13. Employment directly or indirectly of any
17-2 apprentice, agent, assistant, embalmer, funeral director, employee,
17-3 or other person on a part or full-time basis, or on commission, for
17-4 the purpose of soliciting individuals or institutions by whose
17-5 influence dead human bodies may be turned over to a particular
17-6 funeral director, <or> embalmer, or funeral establishment;
17-7 14. Presentation of false certification of work done
17-8 as an apprentice on apprenticeship records;
17-9 15. Unfitness by reason of present drug addiction;
17-10 16. Whenever a licensee, apprentice, or any other
17-11 person, whether employee, agent, <or> representative, or one in any
17-12 manner associated with a funeral establishment engages <shall
17-13 engage> in solicitation as defined in this Act;
17-14 17. Failure by the Funeral Director in Charge to
17-15 provide licensed personnel for direction or personal supervision
17-16 for a "first call," as that term is defined in this Act;
17-17 18. Misappropriation <Intentional misappropriation> of
17-18 any funds held by a licensee, funeral establishment, including its
17-19 employees and agents, or other depository, that creates an
17-20 obligation to provide a funeral service or merchandise, including
17-21 retention for an unreasonable time of excess funds paid by or on
17-22 behalf of the consumer for which the consumer is entitled to a
17-23 refund;
17-24 19. Performing acts of funeral directing or embalming,
17-25 as those terms are defined in this Act, which are outside the
17-26 licensed scope and authority of the licensee, or performing acts of
17-27 funeral directing or embalming in a capacity other than that of an
18-1 employee, agent, subcontractor, or assignee of a licensed funeral
18-2 establishment that has contracted to perform those acts;
18-3 20. Engaging in fraudulent or deceptive conduct in
18-4 providing funeral services or merchandise to a consumer;
18-5 21. Statement or implication by a funeral director or
18-6 embalmer that a customer's concern with the cost of any funeral
18-7 service or funeral merchandise is improper or indicates a lack of
18-8 respect for the deceased;
18-9 22. Failure by any person arranging for funeral
18-10 services or merchandise to:
18-11 (A) provide a prospective customer with a copy
18-12 of the brochure required by Section 6E of this Act at the beginning
18-13 of the arrangement process <inform a customer or prospective
18-14 customer of the availability of a retail price list>;
18-15 (B) provide a retail price list to an individual
18-16 inquiring in person about any funeral service or merchandise <the
18-17 customer or prospective customer> for that person to keep;
18-18 (C) explain to the customer or prospective
18-19 customer that a contractual agreement for funeral services or
18-20 merchandise may not be entered into before the presentation of the
18-21 retail price list to that person; or
18-22 (D) provide general price information by
18-23 telephone within a reasonable time;
18-24 23. Failure by any person arranging for funeral
18-25 services or merchandise to provide each customer at the conclusion
18-26 of the arrangement process a written memorandum or funeral purchase
18-27 agreement itemizing the cost of funeral services and funeral
19-1 merchandise selected by the customer; however, if the customer
19-2 selects a package arrangement based on unit pricing, the
19-3 itemization requirement is satisfied by providing a written
19-4 memorandum that itemizes the discount provided by the package
19-5 arrangement. The use of unit pricing does not affect <preclude>
19-6 the presentation of the retail price list as required by
19-7 Subdivision 22 of this subsection;
19-8 24. Restricting, hindering, or attempting to restrict
19-9 or hinder (1) the advertising or disclosure of prices and other
19-10 information regarding the availability of funeral services and
19-11 funeral merchandise that is not unfair or deceptive to consumers,
19-12 or (2) agreements for funeral services between any consumer or
19-13 group of consumers and funeral directors or embalmers;
19-14 25. Failure to retain and make available to the
19-15 commission, upon request, copies of all price lists, written
19-16 notices, and memoranda of agreement required by this Act <article>
19-17 for two years after the date of their distribution or signing;
19-18 26. Violation of this Act, <or of> any rule adopted
19-19 under this Act<, regulation>, an <or> order by the commission
19-20 revoking, suspending, or probating a license issued under this Act,
19-21 an order assessing an administrative penalty, or an agreement to
19-22 pay an administrative penalty regardless of whether the agreement
19-23 is express or implied by Section 6(G)(d) of this Act;
19-24 27. Dishonest conduct, wilful conduct, or gross
19-25 negligence in the practice of embalming or funeral directing that
19-26 is likely to or does deceive, defraud, or otherwise injure the
19-27 public; <and>
20-1 28. Allowing the use of a dead human body <bodies> by
20-2 an unlicensed embalming establishment for research or educational
20-3 purposes without the written permission of the <family or> person
20-4 authorized to make <arranging the> funeral arrangements; and
20-5 29. Causing the execution of a document by the use of
20-6 fraud, deceit, or misrepresentation.
20-7 J. A person who wishes to apply for a funeral director or
20-8 embalmer license but has a criminal conviction described by
20-9 Subsection H.2. of this section, may request a hearing on whether
20-10 the conviction prevents the commission from issuing a license or
20-11 apprenticeship certificate. A hearing under this subsection may be
20-12 requested at any time, including the time before the person enters
20-13 mortuary school, and shall be conducted as required under Section
20-14 6C of this Act. A decision made in a hearing under this subsection
20-15 is binding on the commission and on the person who requests the
20-16 hearing when the person applies to the commission for the license
20-17 or apprenticeship certificate.
20-18 SECTION 6. Subsections B, C, D, and G, Section 4, Chapter
20-19 251, Acts of the 53rd Legislature, Regular Session, 1953 (Article
20-20 4582b, Vernon's Texas Civil Statutes), are amended to read as
20-21 follows:
20-22 B. No funeral establishment shall conduct funeral business
20-23 as intended under this Act unless duly licensed. The commission
20-24 may refuse to issue an establishment license to an individual,
20-25 partnership, or corporation if the individual, a partner, or an
20-26 officer or director of the corporation:
20-27 (1) has been convicted of a felony, or a misdemeanor
21-1 related to the practice of embalming or funeral directing;
21-2 (2) previously held an establishment license that was
21-3 suspended or revoked;
21-4 (3) has violated this Act or Chapter 512, Acts of the
21-5 54th Legislature, Regular Session, 1955 (Article 548b, Vernon's
21-6 Texas Civil Statutes);
21-7 (4) submits false information on the application for
21-8 an establishment license; or
21-9 (5) attempts to avoid a revocation, suspension, or
21-10 license refusal by subterfuge or other evasive means.
21-11 C. Each funeral establishment shall be required to have a
21-12 physical plant, equipment and personnel consisting of the
21-13 following:
21-14 1. Some facilities in which funeral services may be
21-15 conducted;
21-16 2. A physical plant which meets building standards and
21-17 fire safety standards of the state and of the municipality in which
21-18 the establishment is located;
21-19 3. Access to rolling stock consisting of at least one
21-20 motor hearse;
21-21 4. A preparation room containing an operating table,
21-22 sewer facilities, hot and cold running water, other facilities,
21-23 equipment, and supplies required by commission rule to ensure the
21-24 provision of adequate embalming services, and other facilities
21-25 necessary to comply with the sanitary code of the state and the
21-26 municipality in which the room is located;
21-27 5. A display containing sufficient merchandise to
22-1 permit reasonable selection, including five (5) or more adult
22-2 caskets, provided that the least expensive casket offered for sale
22-3 by a funeral establishment must be visibly displayed without
22-4 concealment in the same general manner as other caskets are
22-5 displayed;
22-6 6. Sufficient licensed personnel who will be available
22-7 to conduct the operation of the funeral establishment;
22-8 7. A physical plant located at a fixed place, and not
22-9 located on any tax-exempt property or cemetery; and
22-10 8. A physical plant which meets the health standards
22-11 or health ordinances of the state and of the municipality in which
22-12 the establishment is located.
22-13 It is expressly provided, however, that an establishment
22-14 which functions solely as a commercial embalmer, as that term is
22-15 defined in this Act, shall have a commercial embalmers
22-16 establishment license, but shall not be required to meet the
22-17 requirements of sub-sections 1 and 5 of this paragraph C.
22-18 D. 1. The commission may, after a hearing as provided by
22-19 Section 6C of this Act, reprimand, assess an administrative
22-20 penalty, revoke, suspend, or probate the suspension of a license,
22-21 or impose any combination of these sanctions against a licensed
22-22 funeral establishment. The commission may assess an administrative
22-23 penalty without a hearing if the penalty is assessed as provided
22-24 by Section 6G of this Act. Action taken by the commission under
22-25 this section may only be based on a violation of this Act or a rule
22-26 adopted under this Act. The commission may refuse without a
22-27 hearing to license an establishment if an owner of the
23-1 establishment has committed an act listed in Subsection B of this
23-2 section. An establishment whose license is refused under this
23-3 subsection may appeal the decision by requesting a hearing not
23-4 later than the 30th day after the date of the refusal. A violation
23-5 of this Act includes the following <initiate action against a
23-6 funeral establishment or in regard to the license of a funeral
23-7 establishment upon the following grounds>:
23-8 (a) Failure of a funeral establishment to
23-9 substantially comply with the provisions of Subsection B or C of
23-10 this Section.
23-11 (b) Failure by any person associated with the
23-12 funeral establishment, whether as an employee, agent,
23-13 subcontractor, assignee, or otherwise, and whether licensed or
23-14 unlicensed, to comply with <Section 3 of> this Act or a rule
23-15 adopted under this Act.
23-16 (c) The use of any advertising statement of a
23-17 character which misleads or deceives the public, or use, in
23-18 connection with advertisements, the names of persons who do not
23-19 hold a license as a funeral director or embalmer and represent them
23-20 to be so licensed.
23-21 (d) Whenever a licensee, apprentice, or any
23-22 other person, whether an employee, agent or representative, or one
23-23 in any manner associated with a funeral establishment shall solicit
23-24 business or offer any inducement, pecuniary or otherwise, for the
23-25 purpose of securing or attempting to secure business for such
23-26 funeral establishment, unless such solicitation is made pursuant to
23-27 a permit issued under Chapter 512, Acts of the 54th Legislature,
24-1 Regular Session, 1955, as amended (Article 548b, Vernon's Texas
24-2 Civil Statutes).
24-3 (e) Failure by the funeral director in charge to
24-4 provide licensed personnel for direction or personal supervision
24-5 for a "first call" as that term is defined in this Act.
24-6 (f) Any violation by a funeral establishment or
24-7 a person acting on behalf of a funeral establishment or any person
24-8 directly or indirectly connected with a funeral establishment <who
24-9 violates any provision> of Chapter 512, Acts of the 54th
24-10 Legislature, Regular Session, 1955 (Article 548b, Vernon's Texas
24-11 Civil Statutes).
24-12 (g) Any violation by a funeral establishment or
24-13 a person acting on behalf of a funeral establishment under Chapter
24-14 193 or 361, Health and Safety Code.
24-15 2. With <Provided, however, with> respect to <alleged>
24-16 violations of Subsection D. 1.(b), (c), (d), (e), (f), or (g), the
24-17 commission may not initiate action against a funeral establishment
24-18 or in regard to the license of a funeral establishment if <when>
24-19 the <ground or grounds of> complaint is <are> based on the conduct
24-20 of employees, agents or representatives of such establishment
24-21 performed outside the scope and authority of their employment or
24-22 contrary to the instructions of the funeral establishment and its
24-23 management. <The commission may initiate such an action if those
24-24 persons are acting within the scope and authority of their
24-25 employment, or by the direction of the funeral establishment
24-26 management.>
24-27 <2. As to asserted violations of provisions of this
25-1 Section, the commission shall have the following powers, rights and
25-2 duties:>
25-3 <(a) The commission may, in any case, require a
25-4 sworn statement setting forth matter complained of as a condition
25-5 to taking further action.>
25-6 <(b) The commission shall cause an investigation
25-7 to be made whenever a complaint is filed with or by the commission.
25-8 The commission may investigate a complaint relating to prepaid
25-9 funeral services only if the investigation conducted by the
25-10 commission does not interfere with or duplicate an investigation
25-11 conducted by the Banking Department of Texas under Chapter 512,
25-12 Acts of the 54th Legislature, 1955 (Article 548b, Vernon's Texas
25-13 Civil Statutes), relating to prepaid funeral services.>
25-14 <(c) The commission may assess an administrative
25-15 penalty, revoke or suspend a funeral establishment or a commercial
25-16 embalming establishment license, issue a reprimand against such a
25-17 licensee, or place a licensee on probation for a violation of this
25-18 Act or of a rule or regulation adopted under this Act. The
25-19 commission may also assess an administrative penalty in the manner
25-20 provided by Section 6G of this Act for such a violation.>
25-21 G. (1) Any premises on which funeral directing or embalming
25-22 is practiced shall be open at all times to inspection for
25-23 violations under this Act and under Chapters 193 and 361, Health
25-24 and Safety Code, by any agent of the commission or by any duly
25-25 authorized agent of the state or of the municipality in which the
25-26 premises are located. Each licensed funeral establishment shall be
25-27 thoroughly inspected annually <biennially> by an agent of the
26-1 commission or by an agent of the state or a political subdivision
26-2 thereof whom the commission has authorized to make inspections on
26-3 its behalf. A report of this annual <biennial> inspection shall be
26-4 filed with the commission.
26-5 (2) Before an agent of the commission conducts an
26-6 inspection of an establishment, the agent shall review the
26-7 inspection reports on the establishment filed with the commission.
26-8 During the inspection, the agent shall determine whether previously
26-9 identified problems have been corrected and whether a pattern of
26-10 violations exists. The commission shall consider the information
26-11 from inspection reports when the commission determines whether a
26-12 penalty should be imposed against an establishment.
26-13 (3) When an agent inspects an establishment, the agent
26-14 shall inspect for violations under this Act and under Chapters 193
26-15 and 361, Health and Safety Code.
26-16 (4) The commission by rule shall establish procedures
26-17 for the inspection of a funeral establishment required by this
26-18 subsection.
26-19 SECTION 7. Sections 6(a) and (d), Chapter 251, Acts of the
26-20 53rd Legislature, Regular Session, 1953 (Article 4582b, Vernon's
26-21 Texas Civil Statutes), are amended to read as follows:
26-22 (a) If the <The> commission places <may revoke or suspend a
26-23 license, place> on probation a person whose license has been
26-24 suspended, <or reprimand a licensee for a violation of this Act or
26-25 a rule of the commission. If a licensee suspension is probated,>
26-26 the commission may impose conditions on the probation that are
26-27 reasonable and related to the violation for which the license was
27-1 suspended. If the commission orders probation, the commission may
27-2 require the licensee <practitioner>:
27-3 (1) to report regularly to the commission on matters
27-4 that are the basis of the probation;
27-5 (2) to limit practice to the areas prescribed by the
27-6 commission; or
27-7 (3) to continue or renew professional education until
27-8 the licensee <practitioner> attains a degree of skill satisfactory
27-9 to the commission in those areas that are the basis of the
27-10 probation.
27-11 (d) <Proceedings under this Section shall be initiated by
27-12 filing charges with the commission in writing and under oath. Said
27-13 charges may be made by any person or persons. If the commission
27-14 proposes to suspend or revoke a person's license, the person is
27-15 entitled to a hearing before the commission or a hearings officer
27-16 appointed by the commission. The commission shall prescribe
27-17 procedures by which all decisions to suspend or revoke are made by
27-18 or are appealable to the commission. The Executive Director of the
27-19 commission shall set a time and place for hearing.> Upon
27-20 application, the commission may reissue a license to practice as a
27-21 funeral director or embalmer to a person whose license has been
27-22 cancelled, <or> suspended, or revoked but such application may<, in
27-23 the case of cancellation or revocation, shall> not be made prior to
27-24 one (1) year after the cancellation, suspension, or revocation, and
27-25 shall be made in such a manner and form as the commission may
27-26 require. A hearing to determine whether to reissue a license shall
27-27 be held before the commission unless the commission requires the
28-1 hearing to be held before a hearings examiner or administrative law
28-2 judge.
28-3 SECTION 8. Section 6A, Chapter 251, Acts of the 53rd
28-4 Legislature, Regular Session, 1953 (Article 4582b, Vernon's Texas
28-5 Civil Statutes), is amended to read as follows:
28-6 Sec. 6A. OFFENSES. A person commits an offense if the
28-7 person:
28-8 (1) acts or holds himself out as a funeral director,
28-9 embalmer, or apprentice, as those terms are defined in this Act,
28-10 without being properly licensed under this Act or makes <shall
28-11 make> a "first call" without the authorization or supervision as
28-12 provided in Section 1C of this Act;
28-13 (2) is a licensed funeral director or embalmer and
28-14 engages in a funeral practice that is a violation of this Act or a
28-15 rule adopted under this Act <grounds for suspension or revocation
28-16 of the person's license>; or
28-17 (3) violates <Section 1, 5, or 9,> Chapter 512, Acts
28-18 of the 54th Legislature, Regular Session, 1955 (Article 548b,
28-19 Vernon's Texas Civil Statutes), or a rule adopted under that Act,
28-20 regardless of whether the Banking Department of Texas or any other
28-21 governmental agency takes action relating to the violation.
28-22 SECTION 9. Sections 6C(b) and (c), Chapter 251, Acts of the
28-23 53rd Legislature, Regular Session, 1953 (Article 4582b, Vernon's
28-24 Texas Civil Statutes), are amended to read as follows:
28-25 (b) A proceeding conducted by the commission relating to the
28-26 denial of a license or apprenticeship certificate, the suspension
28-27 or revocation of a license or certificate, or the imposition of an
29-1 administrative penalty, other than an administrative penalty
29-2 assessed without a hearing as provided by Section 6G of this Act,
29-3 is governed by the Administrative Procedure and Texas Register Act,
29-4 as amended (Article 6252-13a, Vernon's Texas Civil Statutes).
29-5 Judicial review of the proceeding is subject to the substantial
29-6 evidence rule and is governed by the Administrative Procedure and
29-7 Texas Register Act.
29-8 (c)(1) A proceeding brought under Subsection (b) of this
29-9 section may <shall> be held before a hearings officer. The
29-10 executive director shall set a time and place for the hearing.
29-11 (2) The hearings officer must be an attorney licensed
29-12 in this state. In the course of a proceeding the hearings officer
29-13 may:
29-14 (A) administer oaths;
29-15 (B) take testimony;
29-16 (C) rule on questions of evidence;
29-17 (D) make determinations of fact; or
29-18 (E) order compliance with proper discovery
29-19 requests.
29-20 (3) The commission shall provide the hearings officer
29-21 with a written statement of all commission rules or policies that
29-22 govern the proceeding.
29-23 (4) At the conclusion of the proceeding the hearings
29-24 officer shall make a ruling on the matter accompanied by written
29-25 findings of facts and conclusions of law.
29-26 (5) The commission shall review the findings of fact,
29-27 conclusions of law, and ruling of the hearings officer before
30-1 making its final ruling in the proceeding. The commission may also
30-2 review a transcript of the proceeding before making its final
30-3 ruling. The commission shall adopt the ruling of the hearings
30-4 officer as its ruling unless it finds good cause to issue a
30-5 different ruling. The commission shall explain in writing the
30-6 reasons for adopting a ruling other than the one issued by the
30-7 hearings officer.
30-8 <(6) Not later than the 10th day after the date the
30-9 hearings officer makes a ruling, the licensee may appeal the ruling
30-10 to the commission. Except for good cause, the commission shall
30-11 make its final ruling not later than the 10th day after the date
30-12 the appeal is made.>
30-13 SECTION 10. Section 6D(e), Chapter 251, Acts of the 53rd
30-14 Legislature, Regular Session, 1953 (Article 4582b, Vernon's Texas
30-15 Civil Statutes), is amended to read as follows:
30-16 (e) If a person files a complaint with the commission
30-17 relating to a licensed funeral director, embalmer, apprentice, or
30-18 funeral establishment, the commission shall furnish to the person
30-19 an explanation of the remedies that are available to the person
30-20 under this Act and information about appropriate state or local
30-21 agencies or officials with which the person may file a complaint.
30-22 SECTION 11. Sections 6G(a), (b), and (d)-(h), Chapter 251,
30-23 Acts of the 53rd Legislature, Regular Session, 1953 (Article 4582b,
30-24 Vernon's Texas Civil Statutes), are amended to read as follows:
30-25 (a) If the commission determines that a person or
30-26 establishment regulated under this Act has violated this Act or a
30-27 rule adopted under this Act <in a manner that constitutes a ground
31-1 for a license suspension under Subsection H, Section 3, or Section
31-2 4 of this Act>, the commission may assess an administrative penalty
31-3 against that person or establishment as a result of a hearing
31-4 conducted by the commission in the manner provided by Section 6C of
31-5 this Act or as provided by this section. If an administrative
31-6 penalty is assessed after a hearing conducted by the commission or
31-7 under Section 6C of this Act, the commission shall follow the
31-8 procedures described in Subsections (e) through (h) of this
31-9 section.
31-10 (b) The commission may assess the administrative penalty in
31-11 an amount not less than One Hundred Dollars ($100) or more than
31-12 Five Thousand Dollars ($5,000) for each act of violation. In
31-13 determining the amount of the penalty, the commission shall employ
31-14 guidelines established by commission rule <consider the seriousness
31-15 of the violation>.
31-16 (d) Not later than the thirtieth (30th) <twentieth (20th)>
31-17 day after the date <day> on which the preliminary report is sent,
31-18 the person or establishment charged either may make a written
31-19 request for a hearing or may remit the amount of the administrative
31-20 penalty to the commission. Failure either to request a hearing or
31-21 to remit the amount of the penalty within the time provided by this
31-22 subsection results in a waiver of a right to a hearing under this
31-23 Act. Unless a hearing is requested, the penalty is due on the
31-24 thirtieth (30th) day after the date the preliminary report is sent.
31-25 Failure to pay the penalty by that date automatically suspends the
31-26 affected license for six months. If the person or establishment
31-27 charged requests a hearing, the hearing shall be conducted in the
32-1 manner provided by Section 6C of this Act. <If it is determined
32-2 after hearing that the person or establishment has committed the
32-3 alleged violation, the commission shall give written notice to the
32-4 person or establishment of the findings established by the hearing
32-5 and the amount of the penalty, and shall enter an order requiring
32-6 the person or establishment to pay the penalty.>
32-7 (e)(1) If an administrative penalty is assessed after a
32-8 hearing conducted under Section 6C of this Act, not <Not> later
32-9 than the thirtieth (30th) day after the date <day> on which the
32-10 order <notice> is sent or a motion for rehearing is denied
32-11 <received>, the person or establishment charged shall pay the
32-12 administrative penalty in full, or, if the person or establishment
32-13 wishes to contest either the amount of the penalty or the fact of
32-14 the violation, the person or establishment shall:
32-15 (A) remit the assessed amount to the commission
32-16 for deposit in an escrow account; or
32-17 (B) post a supersedeas bond in a form approved
32-18 by the commission for the amount of the penalty.
32-19 (2) If, after judicial review, it is determined that
32-20 no violation occurred or that the amount of the penalty should be
32-21 reduced, the commission shall remit the appropriate amount to the
32-22 person or establishment charged with the violation not later than
32-23 the thirtieth (30th) day after the date <day> on which the judicial
32-24 determination becomes final.
32-25 (f) Failure to remit the amount of the administrative
32-26 penalty to or post bond with the commission within the time
32-27 provided by this Act <section> results in a waiver of all legal
33-1 rights to contest the violation or the amount of the penalty. If
33-2 the person or establishment fails to remit the amount of the
33-3 administrative penalty to or post bond with the commission within
33-4 that time, or within a longer period with the consent of the
33-5 commission, the license of that person or establishment is
33-6 suspended for six months. After notice and a hearing, the
33-7 commission may extend the license suspension for a longer period or
33-8 may revoke or cancel the license for failure to remit the penalty
33-9 or post bond.
33-10 (g) An administrative penalty owed under this Act <section>
33-11 may be recovered in a civil action, which shall be brought by the
33-12 Attorney General at the request of the commission.
33-13 (h) A penalty collected under this Act <section> shall be
33-14 deposited <in the State Treasury> to the credit of an account in
33-15 the general revenue fund that may be used only for the purpose of
33-16 administering the continuing education program under Section 3 of
33-17 this Act.
33-18 SECTION 12. Section 6H(c), Chapter 251, Acts of the 53rd
33-19 Legislature, Regular Session, 1953 (Article 4582b, Vernon's Texas
33-20 Civil Statutes), is amended to read as follows:
33-21 (c) Not later than the thirtieth (30th) <twentieth (20th)>
33-22 day after the date <day> on which the preliminary report is sent,
33-23 the person or establishment charged may make a written request for
33-24 a hearing. Failure to request a hearing within the time provided
33-25 by this subsection results in a waiver of a right to a hearing
33-26 under this Act and the reprimand shall be issued by the commission
33-27 and placed in the permanent files of the commission. If the person
34-1 or establishment charged requests a hearing, the hearing shall be
34-2 conducted in the manner provided by Section 6C of this Act. If it
34-3 is determined after hearing that the person or establishment has
34-4 committed the alleged violation, the commission is not limited to
34-5 the issuance of a reprimand but may also take any action allowed
34-6 under <Subsection H, Section 3, or Subsection D, Section 4, of>
34-7 this Act.
34-8 SECTION 13. Section 6I, Chapter 251, Acts of the 53rd
34-9 Legislature, Regular Session, 1953 (Article 4582b, Vernon's Texas
34-10 Civil Statutes), is amended to read as follows:
34-11 Sec. 6I. REPEAT AND MULTIPLE OFFENDERS. (a) The commission
34-12 or <and> a hearings officer shall review each disciplinary
34-13 proceeding to determine whether the licensee has committed the same
34-14 type of violation on one or more previous occasions. If it is
34-15 determined that the licensee has previously committed the same type
34-16 of violation, the commission or hearings officer shall impose a
34-17 disciplinary action that is more severe than that imposed on the
34-18 previous occasion.
34-19 (b) In a disciplinary proceeding involving multiple
34-20 violations of this Act, the commission or <and> the hearings
34-21 officer <examiner> shall impose a disciplinary action that is more
34-22 severe than the disciplinary action that would be imposed for each
34-23 of the individual violations.
34-24 SECTION 14. Section 7(b), Chapter 251, Acts of the 53rd
34-25 Legislature, Regular Session, 1953 (Article 4582b, Vernon's Texas
34-26 Civil Statutes), is amended to read as follows:
34-27 (b) The commission may file a complaint with the appropriate
35-1 governmental authorities to begin prosecution of a person who
35-2 commits an offense under Section 6A of this Act. The commission or
35-3 any adversely affected party may sue a funeral establishment or
35-4 <licensed> embalmer or funeral director who fails to comply with
35-5 <any provision of> this Act or a rule adopted under this Act for
35-6 appropriate injunctive relief. This Act does not affect a remedy
35-7 or enforcement power under other laws.
35-8 SECTION 15. Section 9, Chapter 251, Acts of the 53rd
35-9 Legislature, Regular Session, 1953 (Article 4582b, Vernon's Texas
35-10 Civil Statutes), is amended to read as follows:
35-11 Sec. 9. CONSTRUCTION WITH OTHER LAW. This Act does not
35-12 limit or replace the authority of the Banking Department of Texas
35-13 to regulate and enforce Chapter 512, Acts of the 54th Legislature,
35-14 Regular Session, 1955 (Article 548b, Vernon's Texas Civil
35-15 Statutes). The authority of the commission as to Chapter 512, Acts
35-16 of the 54th Legislature, Regular Session, 1955 (Article 548b,
35-17 Vernon's Texas Civil Statutes), is limited to the imposition of an
35-18 administrative penalty, issuance of a reprimand, or suspension,
35-19 revocation, or probation of a license issued by the <that>
35-20 commission.
35-21 SECTION 16. Subsection K, Section 1, and Sections 6(e) and
35-22 (f), Chapter 251, Acts of the 53rd Legislature, 1953 (Article
35-23 4582b, Vernon's Texas Civil Statutes), are repealed.
35-24 SECTION 17. This Act takes effect September 1, 1993.
35-25 SECTION 18. The importance of this legislation and the
35-26 crowded condition of the calendars in both houses create an
35-27 emergency and an imperative public necessity that the
36-1 constitutional rule requiring bills to be read on three several
36-2 days in each house be suspended, and this rule is hereby suspended.