By: Montford S.B. No. 902
73R5038 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 partnership <co-partnership>, or
1-23 through 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, and <including> an
3-3 Executive Director, as may be determined by it to be necessary to
3-4 carry out the provisions of this Act, and the terms, conditions and
3-5 expenses of such employment shall be determined by the commission.
3-6 L. The commission may issue, or delegate to the executive
3-7 director the power to issue, subpoenas and subpoenas duces tecum.
3-8 A subpoena or subpoena duces tecum issued under this subsection
3-9 must be served either by personal service or by certified mail,
3-10 return receipt requested <shall prescribe the form of the official
3-11 application blank. It shall notify the proprietor of each licensed
3-12 funeral establishment in this state that any person who seeks
3-13 employment as a funeral director or embalmer must fill in this
3-14 application blank, and that the person receiving the application
3-15 must mail a copy of the official form to the commission. The
3-16 commission shall inform the prospective employer of the status of
3-17 the applicant's license to engage in the activity he proposes>.
3-18 S. The commission may appoint committees to consider and
3-19 make recommendations on matters referred to them by the commission.
3-20 T. The commission may institute an action in its own name to
3-21 enjoin the violation of this Act. An action under this subsection
3-22 is in addition to any other action, proceeding, or remedy
3-23 authorized by law. In an action under this subsection, the
3-24 commission shall be represented by the attorney general, a county
3-25 or district attorney, or, if authorized by the attorney general, by
3-26 counsel designated and authorized by the commission.
3-27 SECTION 5. Section 3, Chapter 251, Acts of the 53rd
4-1 Legislature, Regular Session, 1953 (Article 4582b, Vernon's Texas
4-2 Civil Statutes), is amended by amending Subsections A, D, E, and H
4-3 and adding Subsection J to read as follows:
4-4 A. The commission is hereby authorized and empowered and it
4-5 shall be its duty to prescribe and maintain a standard of
4-6 proficiency, character, professionalism, and qualifications of
4-7 those engaged or who may engage in the practice of a funeral
4-8 director or embalmer and to determine the qualifications necessary
4-9 to enable any person to lawfully practice as a funeral director, to
4-10 embalm dead human bodies, and to collect the fees therefor. The
4-11 commission shall examine all applicants for funeral directors' and
4-12 embalmers' licenses and for apprenticeship licenses and shall issue
4-13 the proper license to all persons qualified and who meet the
4-14 requirements herein prescribed.
4-15 D. It shall be the duty of the commission to prescribe and
4-16 supervise the course of instruction received by an apprentice while
4-17 serving his or her apprenticeship, consistent with the following
4-18 requirements to establish such an apprenticeship registration
4-19 procedure:
4-20 1. Apprenticeship for embalmer: A license to practice
4-21 the science of embalming shall not be issued unless and until the
4-22 applicant therefor has served an apprenticeship period of not less
4-23 than twelve (12) consecutive months under the personal supervision
4-24 and instruction of a licensed embalmer and has successfully
4-25 completed all requirements of apprenticeship. The only exception
4-26 to this requirement shall be in the case of an applicant under
4-27 reciprocity.
5-1 (a) Any person, eighteen (18) years of age or
5-2 more, who desires to practice the science of embalming in this
5-3 state, files application therefor, meets the requirements of the
5-4 law and this commission, and possesses such qualification to enter
5-5 into apprenticeship training, may be registered as an apprentice.
5-6 Apprenticeship for a license to practice the science of embalming
5-7 must be served by the person after graduation from a school or
5-8 college of mortuary science. An applicant shall pay a registration
5-9 fee at the time he requests such apprenticeship registration.
5-10 (a-1) An applicant for a license to practice
5-11 <the science of> embalming must make <who attains> a grade of 75
5-12 percent <70%> or higher on the written examination used <given> by
5-13 the commission. An applicant who has not registered as an
5-14 apprentice before the second anniversary of the date the applicant
5-15 took the examination must pass the examination again before being
5-16 registered as an apprentice <upon payment of a registration fee
5-17 shall be registered as an apprentice within six (6) months of such
5-18 examination>.
5-19 (b) Each registered apprentice embalmer shall be
5-20 issued a certificate of apprenticeship or other means of
5-21 apprenticeship identification by the commission to be served in the
5-22 State of Texas. During the apprenticeship, an apprentice shall
5-23 work on a minimum of sixty (60) <forty (40)> cases. No more than
5-24 two (2) apprentices may receive credit <due> for work on any one
5-25 body. The commission by rule shall define the standards for a case
5-26 and shall establish the minimum number of complete cases an
5-27 apprentice is required to execute during the apprenticeship. The
6-1 standards required for a complete case shall include all the duties
6-2 and activities necessary for embalming. The commission by rule
6-3 also shall establish guidelines for apprentice supervisors under
6-4 which an apprentice is granted increased responsibilities during
6-5 the course of the apprenticeship.
6-6 (c) An apprentice embalmer must report within
6-7 ten (10) days after the end of each month each <separate> case
6-8 handled by the apprentice <him> or with which the apprentice <he
6-9 has> assisted in handling during that month. Each such report
6-10 shall be certified by the licensee under whom the apprentice
6-11 performed the <his> work. <Throughout the period of
6-12 apprenticeship, the apprentice shall report on at least one (1)
6-13 such case of embalming each calendar month, within the month.> For
6-14 <In> any month in which the apprentice <he> did not embalm at least
6-15 one (1) case under the direction of a licensed embalmer, a report
6-16 shall be made to the commission notwithstanding.
6-17 (d) The commission shall set the registration
6-18 and examination fees in an amount that is reasonable and necessary
6-19 for the administration of the registration and examination.
6-20 2. Apprentice for Funeral Director: The term of
6-21 apprenticeship for a funeral director's license shall be a period
6-22 of not less than twelve (12) months, and may be served concurrently
6-23 with apprenticeship for an embalmer's license; however,
6-24 apprenticeship must be served in twelve (12) consecutive months. A
6-25 person desiring to become an apprentice funeral director shall make
6-26 application to the commission on a form provided by the commission,
6-27 and if the commission desires, he shall appear before at least one
7-1 (1) member of the commission, or a designated representative
7-2 thereof, for approval of his application, subject to review of it
7-3 by the entire commission. An applicant must be not less than
7-4 eighteen (18) years of age and have completed the educational
7-5 requirements prescribed for a funeral director, except that the
7-6 commission by rule may allow an applicant for a funeral director's
7-7 license to begin serving the one (1) year apprenticeship before or
7-8 after the applicant enrolls in a school of embalming or college of
7-9 mortuary science. The application for registration shall be sworn
7-10 to and accompanied by a registration fee. If the application is
7-11 accepted, an applicant will be issued a certificate of
7-12 apprenticeship registration upon determination by the commission
7-13 that his qualifications are satisfactory.
7-14 (a) An applicant for a funeral director's
7-15 license and the examination therefor who has not completed the
7-16 <begun> one (1) year of apprenticeship prior to graduation from a
7-17 school of embalming or college of mortuary science shall be
7-18 admitted to apprenticeship only if the applicant applies for and
7-19 takes the written examination given by the commission, and pays the
7-20 registration fee, whereupon he may <shall> be registered as an
7-21 apprentice if the applicant otherwise meets the requirements of
7-22 this Act. An applicant who has not registered as an apprentice
7-23 before the second anniversary of the date the applicant took the
7-24 examination must pass the examination again before being registered
7-25 as an apprentice. <Provided, however, an applicant must register
7-26 as an apprentice within six (6) months of such examination.>
7-27 (b) An apprentice funeral director must report
8-1 within ten (10) days after the end of each month each <separate>
8-2 case that the apprentice <with which he has> assisted in handling
8-3 during that month. Each <such> report shall be certified to by the
8-4 licensee under whom the apprentice performed the work. Throughout
8-5 the period of apprenticeship the apprentice shall report on at
8-6 least one (1) such case each calendar month<, within the month>.
8-7 For <In> any month within which the apprentice <he> did not assist
8-8 a licensed funeral director in handling a funeral, a report shall
8-9 be made to the commission notwithstanding.
8-10 (c) An apprenticeship shall include assisting a
8-11 licensed funeral director in this state with a minimum of sixty
8-12 (60) <forty (40)> cases. No more than two (2) apprentices may
8-13 receive credit for work done on any one body. The commission by
8-14 rule shall define the standards for a case and shall set the number
8-15 of complete cases an apprentice is required to execute during the
8-16 apprenticeship. The standards required for a complete case shall
8-17 include all the activities necessary from the time the body is
8-18 obtained until final disposition. The commission by rule also
8-19 shall establish guidelines for apprentice supervisors under which
8-20 an apprentice is granted increased responsibilities during the
8-21 course of the apprenticeship.
8-22 (d) The commission shall set the registration
8-23 and examination fees in an amount that is reasonable and necessary
8-24 for the administration of the registration and examination.
8-25 (e) An applicant for a funeral director license
8-26 may not be considered for licensure until the applicant completes
8-27 all of the requirements of an apprenticeship and attains a grade of
9-1 75 percent or higher on the written examination given by the
9-2 commission.
9-3 3. Annual renewal apprenticeship certificate: Each
9-4 certificate of apprenticeship issued by the commission to an
9-5 apprentice embalmer or apprentice funeral director must be renewed
9-6 on the first day of January of each year and will be renewed upon
9-7 payment by the apprentice of a renewal fee, provided the apprentice
9-8 has observed the rules and regulations of the commission with
9-9 respect to his apprenticeship. Notice shall be mailed, during the
9-10 month of December each year, to each registered apprentice at his
9-11 last known address, notifying him that the renewal fee is due. If
9-12 a registered apprentice fails to pay the annual renewal fee by the
9-13 due date, the commission shall impose a late payment penalty equal
9-14 in amount to the license renewal fee and shall suspend his
9-15 certificate for nonpayment and notify such apprentice of such
9-16 suspension. If the said renewal fee and penalty are not then paid
9-17 within ninety (90) days from the date of such notice of suspension,
9-18 the commission shall then cancel such certificate. Provided,
9-19 however, after an apprentice certificate has been cancelled, the
9-20 apprentice may apply for reinstatement within eighteen (18) months
9-21 from the date such apprentice certificate was cancelled and the
9-22 commission may reinstate said apprentice provided he meets all
9-23 other requirements of the commission and pays the license fee and a
9-24 late payment penalty equal in amount to the license fee for the
9-25 period of the cancellation. A certificate of apprenticeship may
9-26 not be renewed for more than a total period of five (5) years from
9-27 the date of its issuance. It is provided that the registration fee
10-1 of any apprentice who is actively engaged in the military service
10-2 of the United States may be remitted for the duration of such
10-3 service or for such fees and such time as the commission may deem
10-4 advisable upon presentation of proper evidence required by the
10-5 commission. The commission shall set the renewal fee and the
10-6 penalty in an amount that is reasonable and necessary for the
10-7 administration of this Act. An apprentice certificate that has
10-8 been cancelled or suspended or has lapsed for a period of five (5)
10-9 years or more may be reinstated only if the applicant takes and
10-10 passes the applicable apprenticeship examination under Subdivision
10-11 1 or 2 of this subsection. The commission may adopt rules relating
10-12 to the reinstatement of such an apprenticeship certificate.
10-13 3a. The commission by rule shall adopt a system under
10-14 which certificates expire on various dates during the year. The
10-15 date for sending notice that payment is due and the date for
10-16 suspension due to nonpayment shall be adjusted accordingly. For
10-17 the year in which the certificate expiration date is changed,
10-18 certification fees payable on January 1 shall be prorated on a
10-19 monthly basis so that each certificate holder shall pay only that
10-20 portion of the certification fee which is allocable to the number
10-21 of months during which the certificate is valid. On renewal of the
10-22 certificate on the new expiration date the total renewal fee is
10-23 payable.
10-24 4. Notification of the commission upon entry into
10-25 apprenticeship: When an apprentice enters the employ of a licensed
10-26 embalmer or funeral director, he shall immediately notify the
10-27 commission of the name and place of business of the licensed
11-1 embalmer or funeral director whose service he has entered and the
11-2 name of the funeral director or embalmer under whom he will train,
11-3 and such notification shall be signed by the embalmer or funeral
11-4 director in each case. If at any time thereafter such apprentice
11-5 leaves the employ of the licensed embalmer or funeral director
11-6 whose services he has entered, the said licensed embalmer or
11-7 funeral director shall give to such apprentice an affidavit showing
11-8 the length of time he has served as an apprentice with him and the
11-9 number of cases handled while so employed; the original of said
11-10 affidavit shall be filed with the commission and made a matter of
11-11 record, and a copy shall be furnished to the apprentice. The
11-12 commission shall furnish report forms to be used by each
11-13 apprentice.
11-14 5. A holder of a certificate of apprenticeship is
11-15 subject to the same disciplinary actions as a holder of a funeral
11-16 director or embalmer license for a violation of this Act or a rule
11-17 adopted under this Act <may be suspended or revoked as provided and
11-18 set forth in Section 3, subsection H>.
11-19 E. Any person engaged or desiring to engage in the practice
11-20 of embalming or funeral directing in this state, in connection with
11-21 the care and disposition of dead human bodies, shall make written
11-22 application to the commission for a license accompanying same with
11-23 an application fee. The license or licenses when issued shall be
11-24 signed by a majority of the commission and shall authorize the
11-25 licensee to practice the science of embalming and/or funeral
11-26 directing. All licenses shall be <registered in the office of the
11-27 County Clerk in any county in which the holder thereof resides and
12-1 practices embalming and/or funeral directing and shall be>
12-2 displayed conspicuously in the place of business. A person may
12-3 renew an unexpired license by paying to the commission before the
12-4 expiration date of the license the required renewal fee. If a
12-5 person's license has been expired for ninety (90) days or less, the
12-6 person may renew the license by paying to the commission the
12-7 required renewal fee and a penalty fee that is one-half of the
12-8 renewal <examination> fee for the license. If a person's license
12-9 has been expired for longer than ninety (90) days but less than
12-10 five (5) <two (2)> years, the person may renew the license by
12-11 paying to the commission all unpaid renewal fees and a penalty fee
12-12 that is equal to one-half of the total of the unpaid renewal fees
12-13 <examination fee for the license>. If a person's license has been
12-14 expired for five (5) <two (2)> years or longer, the person may not
12-15 renew the license. The person may obtain a new license by
12-16 submitting to reexamination and complying with the requirements and
12-17 procedures for obtaining an original license. However, the
12-18 commission may renew without reexamination an expired license of a
12-19 person who was licensed in this state, moved to another state, and
12-20 is currently licensed and has been in practice in the other state
12-21 for the two (2) years preceding application. The person must pay
12-22 to the commission a fee that is equal to the renewal <examination>
12-23 fee for the license. At least thirty (30) days before the
12-24 expiration of a person's license, the commission shall send written
12-25 notice of the impending license expiration to the person at the
12-26 person's <licensee's> last known address according to the records
12-27 of the commission. The commission may by rule require continuing
13-1 education as a condition for license renewal except for persons
13-2 described in Subdivisions 4 and 5 of this subsection. If any
13-3 license issued under this Act shall be lost or destroyed, the
13-4 holder of any such license may present his application for
13-5 duplicate license to the commission, on a form to be prescribed by
13-6 the commission, together with his affidavit of such loss or
13-7 destruction, and that he is the same person to whom such license
13-8 was issued, and such other information concerning its loss or
13-9 destruction as the commission shall require, and shall, upon
13-10 payment of a duplicate license fee, as determined by the
13-11 commission, be granted a duplicate license.
13-12 H. The commission may, after a hearing as provided by
13-13 Section 6C of this Act, reprimand, assess an administrative
13-14 penalty, revoke, suspend, or probate the suspension of a license or
13-15 apprenticeship, or impose any combination of these sanctions
13-16 against a licensed <seek appropriate injunctive relief against a
13-17 funeral establishment, licensed embalmer, or> funeral director, a
13-18 licensed embalmer, or a registered apprentice <who fails to comply
13-19 with any provision of this Act, including a violation relating to
13-20 prepaid funeral services or funeral services delivered at the time
13-21 of need. This Act does not affect any remedy or enforcement power
13-22 under other laws>. The commission may assess an administrative
13-23 penalty without a hearing if the penalty is assessed <against a
13-24 licensed individual or establishment> in the manner provided by
13-25 Section 6G of this Act <or as the result of a hearing conducted in
13-26 the manner provided by Section 6C of this Act>. Action taken by
13-27 the commission under this section may be based only on a violation
14-1 of this Act or a rule adopted under this Act. The commission may
14-2 refuse without a hearing to license a person or to permit a person
14-3 to serve an apprenticeship if the person has violated this Act or a
14-4 rule adopted under this Act. A person whose license application or
14-5 apprenticeship is refused under this subsection may appeal the
14-6 decision by requesting a hearing not later than the 30th day after
14-7 the date of the refusal. A violation of this Act includes the
14-8 following <After a hearing conducted in the manner provided by
14-9 Section 6C, the commission may issue a reprimand under Section 6H
14-10 of this Act. The commission may assess an administrative penalty,
14-11 revoke, suspend, or place on probation any licensed funeral
14-12 director and/or embalmer or apprentice who violates any provision
14-13 of this Act, including a violation relating to prepaid funeral
14-14 services or funeral services delivered at the time of need. The
14-15 commission may issue a reprimand or refuse to license or admit
14-16 persons to examination for any of the following reasons all of
14-17 which are offenses as provided in Section 6A of this Act>:
14-18 1. The presentation to the commission of any license,
14-19 certificate, or diploma that <which> was illegally or fraudulently
14-20 obtained, or when fraud or deception has been practiced in passing
14-21 the examination;
14-22 2. Conviction of:
14-23 (A) a felony; or
14-24 (B) a misdemeanor related to the practice of
14-25 embalming or funeral directing;
14-26 3. Being unfit to practice as a funeral director
14-27 and/or embalmer by reason of insanity and having been adjudged by a
15-1 court of competent jurisdiction to be of unsound mind;
15-2 4. The use of any statement that misleads or deceives
15-3 the public, including but not limited to false or misleading
15-4 statements regarding (1) any legal, religious, or cemetery
15-5 requirement for funeral merchandise or funeral services, (2) the
15-6 preservative qualities of funeral merchandise or funeral services
15-7 in preventing or substantially delaying natural decomposition or
15-8 decay of human remains, (3) the airtight or watertight properties
15-9 of a casket or outer enclosure, or (4) representations as to
15-10 licensed personnel in the operation of a funeral establishment;
15-11 5. The purchase, sale, barter, or use, or any offer to
15-12 purchase, sell, barter, or use any license, certificate, or
15-13 transcript of license or certificate, in or incident to an
15-14 application to the commission for license to practice as a funeral
15-15 director and/or embalmer;
15-16 6. Altering, with fraudulent intent, any funeral
15-17 director and/or embalmer license, certificate, or transcript of
15-18 license or certificate;
15-19 7. The use of any funeral director and/or embalmer
15-20 license, certificate, diploma<,> or transcript of any such funeral
15-21 director and/or embalmer license, certificate, or diploma that<,
15-22 which> has been fraudulently purchased, issued, counterfeited, or
15-23 materially altered;
15-24 8. The impersonation of, or acting as proxy for,
15-25 another in any examination required by this Act for a funeral
15-26 director and/or embalmer license;
15-27 9. The impersonation of a licensed funeral director or
16-1 embalmer as authorized by this Act <hereunder>, or permitting<,> or
16-2 allowing another to use a person's <his> license<,> or certificate
16-3 to practice as a funeral director or embalmer in this state;
16-4 10. A violation of <Section 1, 5, or 9,> Chapter 512,
16-5 Acts of the 54th Legislature, Regular Session, 1955 (Article 548b,
16-6 Vernon's Texas Civil Statutes), or a rule adopted under that Act;
16-7 11. Taking custody of a dead human body without the
16-8 permission of the person or the agent of the person authorized to
16-9 make funeral arrangements for the deceased, <embalming, or>
16-10 refusing to promptly surrender a dead human body to a person or
16-11 <his> agent authorized to make funeral arrangements for the
16-12 deceased, or embalming a body without the express written or oral
16-13 permission of a person authorized to make funeral arrangements for
16-14 the deceased or without making a documented reasonable effort over
16-15 a period of at least two (2) hours to obtain the permission;
16-16 11A. Attempting without proper authority to embalm a
16-17 dead human body as evidenced by, but not limited to, the use of
16-18 sutures or mechanical devices in the posing of any facial feature,
16-19 <and:>
16-20 <(A)> the making of any incision on the body,<;>
16-21 or
16-22 <(B)> the raising of any circulatory vessel of
16-23 the body;
16-24 12. Wilfully making any false statement on a
16-25 certificate of death or on a document required by this Act or by a
16-26 rule adopted under this Act;
16-27 13. Employment directly or indirectly of any
17-1 apprentice, agent, assistant, embalmer, funeral director, employee,
17-2 or other person on a part or full-time basis, or on commission, for
17-3 the purpose of soliciting individuals or institutions by whose
17-4 influence dead human bodies may be turned over to a particular
17-5 funeral director, <or> embalmer, or funeral establishment;
17-6 14. Presentation of false certification of work done
17-7 as an apprentice on apprenticeship records;
17-8 15. Unfitness by reason of present drug addiction;
17-9 16. Whenever a licensee, apprentice, or any other
17-10 person, whether employee, agent, <or> representative, or one in any
17-11 manner associated with a funeral establishment engages <shall
17-12 engage> in solicitation as defined in this Act;
17-13 17. Failure by the Funeral Director in Charge to
17-14 provide licensed personnel for direction or personal supervision
17-15 for a "first call," as that term is defined in this Act;
17-16 18. Misappropriation <Intentional misappropriation> of
17-17 any funds held by a licensee, funeral establishment, including its
17-18 employees and agents, or other depository, that creates an
17-19 obligation to provide a funeral service or merchandise, including
17-20 retention for an unreasonable time of excess funds paid by or on
17-21 behalf of the consumer for which the consumer is entitled to a
17-22 refund;
17-23 19. Performing acts of funeral directing or embalming,
17-24 as those terms are defined in this Act, which are outside the
17-25 licensed scope and authority of the licensee, or performing acts of
17-26 funeral directing or embalming in a capacity other than that of an
17-27 employee, agent, subcontractor, or assignee of a licensed funeral
18-1 establishment that has contracted to perform those acts;
18-2 20. Engaging in fraudulent or deceptive conduct in
18-3 providing funeral services or merchandise to a consumer;
18-4 21. Statement or implication by a funeral director or
18-5 embalmer that a customer's concern with the cost of any funeral
18-6 service or funeral merchandise is improper or indicates a lack of
18-7 respect for the deceased;
18-8 22. Failure by any person arranging for funeral
18-9 services or merchandise to:
18-10 (A) provide a prospective customer with a copy
18-11 of the brochure required by Section 6E of this Act at the beginning
18-12 of the arrangement process <inform a customer or prospective
18-13 customer of the availability of a retail price list>;
18-14 (B) provide a retail price list to an individual
18-15 inquiring in person about any funeral service or merchandise <the
18-16 customer or prospective customer> for that person to keep;
18-17 (C) explain to the customer or prospective
18-18 customer that a contractual agreement for funeral services or
18-19 merchandise may not be entered into before the presentation of the
18-20 retail price list to that person; or
18-21 (D) provide general price information by
18-22 telephone within a reasonable time;
18-23 23. Failure by any person arranging for funeral
18-24 services or merchandise to provide each customer at the conclusion
18-25 of the arrangement process a written memorandum or funeral purchase
18-26 agreement itemizing the cost of funeral services and funeral
18-27 merchandise selected by the customer; however, if the customer
19-1 selects a package arrangement based on unit pricing, the
19-2 itemization requirement is satisfied by providing a written
19-3 memorandum that itemizes the discount provided by the package
19-4 arrangement. The use of unit pricing does not affect <preclude>
19-5 the presentation of the retail price list as required by
19-6 Subdivision 22 of this subsection;
19-7 24. Restricting, hindering, or attempting to restrict
19-8 or hinder (1) the advertising or disclosure of prices and other
19-9 information regarding the availability of funeral services and
19-10 funeral merchandise that is not unfair or deceptive to consumers,
19-11 or (2) agreements for funeral services between any consumer or
19-12 group of consumers and funeral directors or embalmers;
19-13 25. Failure to retain and make available to the
19-14 commission, upon request, copies of all price lists, written
19-15 notices, and memoranda of agreement required by this Act <article>
19-16 for two years after the date of their distribution or signing;
19-17 26. Violation of this Act, <or of> any rule adopted
19-18 under this Act<, regulation>, an <or> order by the commission
19-19 revoking, suspending, or probating a license issued under this Act,
19-20 an order assessing an administrative penalty, or an agreement to
19-21 pay an administrative penalty regardless of whether the agreement
19-22 is express or implied by Section 6(G)(d) of this Act;
19-23 27. Dishonest conduct, wilful conduct, or gross
19-24 negligence in the practice of embalming or funeral directing that
19-25 is likely to or does deceive, defraud, or otherwise injure the
19-26 public; <and>
19-27 28. Allowing the use of a dead human body <bodies> by
20-1 an unlicensed embalming establishment for research or educational
20-2 purposes without the written permission of the <family or> person
20-3 authorized to make <arranging the> funeral arrangements; and
20-4 29. Causing the execution of a document by the use of
20-5 fraud, deceit, or misrepresentation.
20-6 J. A person who wishes to apply for a funeral director or
20-7 embalmer license but has a criminal conviction described by
20-8 Subsection H.2. of this section, may request a hearing on whether
20-9 the conviction prevents the commission from issuing a license or
20-10 apprenticeship certificate. A hearing under this subsection may be
20-11 requested at any time, including the time before the person enters
20-12 mortuary school, and shall be conducted as required under Section
20-13 6C of this Act. A decision made in a hearing under this subsection
20-14 is binding on the commission and on the person who requests the
20-15 hearing when the person applies to the commission for the license
20-16 or apprenticeship certificate.
20-17 SECTION 6. Subsections B, C, D, and G, Section 4, Chapter
20-18 251, Acts of the 53rd Legislature, Regular Session, 1953 (Article
20-19 4582b, Vernon's Texas Civil Statutes), are amended to read as
20-20 follows:
20-21 B. No funeral establishment shall conduct funeral business
20-22 as intended under this Act unless duly licensed. The commission
20-23 may refuse to issue an establishment license to an individual,
20-24 partnership, or corporation if the individual, a partner, or an
20-25 officer or director of the corporation:
20-26 (1) has been convicted of a felony, or a misdemeanor
20-27 related to the practice of embalming or funeral directing;
21-1 (2) previously held an establishment license that was
21-2 suspended or revoked;
21-3 (3) has violated this Act or Chapter 512, Acts of the
21-4 54th Legislature, Regular Session, 1955 (Article 548b, Vernon's
21-5 Texas Civil Statutes), and its subsequent amendments;
21-6 (4) submits false information on the application for
21-7 an establishment license; or
21-8 (5) attempts to avoid a revocation, suspension, or
21-9 license refusal by subterfuge or other evasive means.
21-10 C. Each funeral establishment shall be required to have a
21-11 physical plant, equipment and personnel consisting of the
21-12 following:
21-13 1. Some facilities in which funeral services may be
21-14 conducted;
21-15 2. A physical plant which meets building standards and
21-16 fire safety standards of the state and of the municipality in which
21-17 the establishment is located;
21-18 3. Access to rolling stock consisting of at least one
21-19 motor hearse;
21-20 4. A preparation room containing an operating table,
21-21 sewer facilities, hot and cold running water, other facilities,
21-22 equipment, and supplies required by commission rule to ensure the
21-23 provision of adequate embalming services, and other facilities
21-24 necessary to comply with the sanitary code of the state and the
21-25 municipality in which the room is located;
21-26 5. A display containing sufficient merchandise to
21-27 permit reasonable selection, including five (5) or more adult
22-1 caskets, provided that the least expensive casket offered for sale
22-2 by a funeral establishment must be visibly displayed without
22-3 concealment in the same general manner as other caskets are
22-4 displayed;
22-5 6. Sufficient licensed personnel who will be available
22-6 to conduct the operation of the funeral establishment;
22-7 7. A physical plant located at a fixed place, and not
22-8 located on any tax-exempt property or cemetery; and
22-9 8. A physical plant which meets the health standards
22-10 or health ordinances of the state and of the municipality in which
22-11 the establishment is located.
22-12 It is expressly provided, however, that an establishment
22-13 which functions solely as a commercial embalmer, as that term is
22-14 defined in this Act, shall have a commercial embalmers
22-15 establishment license, but shall not be required to meet the
22-16 requirements of sub-sections 1 and 5 of this paragraph C.
22-17 D. 1. The commission may, after a hearing as provided by
22-18 Section 6C of this Act, reprimand, assess an administrative
22-19 penalty, revoke, suspend, or probate the suspension of a license,
22-20 or impose any combination of these sanctions against a licensed
22-21 funeral establishment. The commission may assess an administrative
22-22 penalty without a hearing if the penalty is assessed as provided
22-23 by Section 6G of this Act. Action taken by the commission under
22-24 this section may only be based on a violation of this Act or a rule
22-25 adopted under this Act. The commission may refuse without a
22-26 hearing to license an establishment if an owner of the
22-27 establishment has committed an act listed in Subsection B of this
23-1 section. An establishment whose license is refused under this
23-2 subsection may appeal the decision by requesting a hearing not
23-3 later than the 30th day after the date of the refusal. A violation
23-4 of this Act includes the following <initiate action against a
23-5 funeral establishment or in regard to the license of a funeral
23-6 establishment upon the following grounds>:
23-7 (a) Failure of a funeral establishment to
23-8 substantially comply with the provisions of Subsection B or C of
23-9 this Section.
23-10 (b) Failure by any person associated with the
23-11 funeral establishment, whether as an employee, agent,
23-12 subcontractor, assignee, or otherwise, and whether licensed or
23-13 unlicensed, to comply with <Section 3 of> this Act or a rule
23-14 adopted under this Act.
23-15 (c) The use of any advertising statement of a
23-16 character which misleads or deceives the public, or use, in
23-17 connection with advertisements, the names of persons who do not
23-18 hold a license as a funeral director or embalmer and represent them
23-19 to be so licensed.
23-20 (d) Whenever a licensee, apprentice, or any
23-21 other person, whether an employee, agent or representative, or one
23-22 in any manner associated with a funeral establishment shall solicit
23-23 business or offer any inducement, pecuniary or otherwise, for the
23-24 purpose of securing or attempting to secure business for such
23-25 funeral establishment, unless such solicitation is made pursuant to
23-26 a permit issued under Chapter 512, Acts of the 54th Legislature,
23-27 Regular Session, 1955, as amended (Article 548b, Vernon's Texas
24-1 Civil Statutes).
24-2 (e) Failure by the funeral director in charge to
24-3 provide licensed personnel for direction or personal supervision
24-4 for a "first call" as that term is defined in this Act.
24-5 (f) Any violation by a funeral establishment or
24-6 a person acting on behalf of a funeral establishment or any person
24-7 directly or indirectly connected with a funeral establishment <who
24-8 violates any provision> of Chapter 512, Acts of the 54th
24-9 Legislature, Regular Session, 1955 (Article 548b, Vernon's Texas
24-10 Civil Statutes).
24-11 (g) Any violation by a funeral establishment or
24-12 a person acting on behalf of a funeral establishment under Chapter
24-13 193 or 361, Health and Safety Code.
24-14 2. With <Provided, however, with> respect to <alleged>
24-15 violations of Subsection D. 1.(b), (c), (d), (e), (f), or (g), the
24-16 commission may not initiate action against a funeral establishment
24-17 or in regard to the license of a funeral establishment if <when>
24-18 the <ground or grounds of> complaint is <are> based on the conduct
24-19 of employees, agents or representatives of such establishment
24-20 performed outside the scope and authority of their employment or
24-21 contrary to the instructions of the funeral establishment and its
24-22 management. <The commission may initiate such an action if those
24-23 persons are acting within the scope and authority of their
24-24 employment, or by the direction of the funeral establishment
24-25 management.>
24-26 <2. As to asserted violations of provisions of this
24-27 Section, the commission shall have the following powers, rights and
25-1 duties:>
25-2 <(a) The commission may, in any case, require a
25-3 sworn statement setting forth matter complained of as a condition
25-4 to taking further action.>
25-5 <(b) The commission shall cause an investigation
25-6 to be made whenever a complaint is filed with or by the commission.
25-7 The commission may investigate a complaint relating to prepaid
25-8 funeral services only if the investigation conducted by the
25-9 commission does not interfere with or duplicate an investigation
25-10 conducted by the Banking Department of Texas under Chapter 512,
25-11 Acts of the 54th Legislature, 1955 (Article 548b, Vernon's Texas
25-12 Civil Statutes), relating to prepaid funeral services.>
25-13 <(c) The commission may assess an administrative
25-14 penalty, revoke or suspend a funeral establishment or a commercial
25-15 embalming establishment license, issue a reprimand against such a
25-16 licensee, or place a licensee on probation for a violation of this
25-17 Act or of a rule or regulation adopted under this Act. The
25-18 commission may also assess an administrative penalty in the manner
25-19 provided by Section 6G of this Act for such a violation.>
25-20 G. (1) Any premises on which funeral directing or embalming
25-21 is practiced shall be open at all times to inspection for
25-22 violations under this Act and under Chapters 193 and 361, Health
25-23 and Safety Code, by any agent of the commission or by any duly
25-24 authorized agent of the state or of the municipality in which the
25-25 premises are located. Each licensed funeral establishment shall be
25-26 thoroughly inspected annually <biennially> by an agent of the
25-27 commission or by an agent of the state or a political subdivision
26-1 thereof whom the commission has authorized to make inspections on
26-2 its behalf. A report of this annual <biennial> inspection shall be
26-3 filed with the commission.
26-4 (2) Before an agent of the commission conducts an
26-5 inspection of an establishment, the agent shall review the
26-6 inspection reports on the establishment filed with the commission.
26-7 During the inspection, the agent shall determine whether previously
26-8 identified problems have been corrected and whether a pattern of
26-9 violations exists. The commission shall consider the information
26-10 from inspection reports when the commission determines whether a
26-11 penalty should be imposed against an establishment.
26-12 (3) When an agent inspects an establishment, the agent
26-13 shall inspect for violations under this Act and under Chapters 193
26-14 and 361, Health and Safety Code.
26-15 (4) The commission by rule shall establish procedures
26-16 for the inspection of a funeral establishment required by this
26-17 subsection.
26-18 SECTION 7. Sections 6(a) and (d), Chapter 251, Acts of the
26-19 53rd Legislature, Regular Session, 1953 (Article 4582b, Vernon's
26-20 Texas Civil Statutes), are amended to read as follows:
26-21 (a) If the <The> commission places <may revoke or suspend a
26-22 license, place> on probation a person whose license has been
26-23 suspended, <or reprimand a licensee for a violation of this Act or
26-24 a rule of the commission. If a licensee suspension is probated,>
26-25 the commission may impose conditions on the probation that are
26-26 reasonable and related to the violation for which the license was
26-27 suspended. If the commission orders probation, the commission may
27-1 require the licensee <practitioner>:
27-2 (1) to report regularly to the commission on matters
27-3 that are the basis of the probation;
27-4 (2) to limit practice to the areas prescribed by the
27-5 commission; or
27-6 (3) to continue or renew professional education until
27-7 the licensee <practitioner> attains a degree of skill satisfactory
27-8 to the commission in those areas that are the basis of the
27-9 probation.
27-10 (d) <Proceedings under this Section shall be initiated by
27-11 filing charges with the commission in writing and under oath. Said
27-12 charges may be made by any person or persons. If the commission
27-13 proposes to suspend or revoke a person's license, the person is
27-14 entitled to a hearing before the commission or a hearings officer
27-15 appointed by the commission. The commission shall prescribe
27-16 procedures by which all decisions to suspend or revoke are made by
27-17 or are appealable to the commission. The Executive Director of the
27-18 commission shall set a time and place for hearing.> Upon
27-19 application, the commission may reissue a license to practice as a
27-20 funeral director or embalmer to a person whose license has been
27-21 cancelled, <or> suspended, or revoked but such application may<, in
27-22 the case of cancellation or revocation, shall> not be made prior to
27-23 one (1) year after the cancellation, suspension, or revocation, and
27-24 shall be made in such a manner and form as the commission may
27-25 require.
27-26 SECTION 8. Section 6A, Chapter 251, Acts of the 53rd
27-27 Legislature, Regular Session, 1953 (Article 4582b, Vernon's Texas
28-1 Civil Statutes), is amended to read as follows:
28-2 Sec. 6A. OFFENSES. A person commits an offense if the
28-3 person:
28-4 (1) acts or holds himself out as a funeral director,
28-5 embalmer, or apprentice, as those terms are defined in this Act,
28-6 without being properly licensed under this Act or makes <shall
28-7 make> a "first call" without the authorization or supervision as
28-8 provided in Section 1C of this Act;
28-9 (2) is a licensed funeral director or embalmer and
28-10 engages in a funeral practice that is a violation of this Act or a
28-11 rule adopted under this Act <grounds for suspension or revocation
28-12 of the person's license>; or
28-13 (3) violates <Section 1, 5, or 9,> Chapter 512, Acts
28-14 of the 54th Legislature, Regular Session, 1955 (Article 548b,
28-15 Vernon's Texas Civil Statutes), or a rule adopted under that Act,
28-16 regardless of whether the Banking Department of Texas or any other
28-17 governmental agency takes action relating to the violation.
28-18 SECTION 9. Sections 6C(b) and (c), Chapter 251, Acts of the
28-19 53rd Legislature, Regular Session, 1953 (Article 4582b, Vernon's
28-20 Texas Civil Statutes), are amended to read as follows:
28-21 (b) A proceeding <conducted by the commission> relating to
28-22 the denial of a license or apprenticeship certificate, the
28-23 suspension or revocation of a license or certificate, or the
28-24 imposition of an administrative penalty, other than an
28-25 administrative penalty assessed without a hearing as provided by
28-26 Section 6G of this Act, is governed by the Administrative Procedure
28-27 and Texas Register Act, as amended (Article 6252-13a, Vernon's
29-1 Texas Civil Statutes). Judicial review of the proceeding is
29-2 subject to the substantial evidence rule and is governed by the
29-3 Administrative Procedure and Texas Register Act.
29-4 (c)(1) A proceeding brought under Subsection (b) of this
29-5 section shall be held before a hearings officer.
29-6 (2) The hearings officer must be an attorney licensed
29-7 in this state. In the course of a proceeding the hearings officer
29-8 may:
29-9 (A) administer oaths;
29-10 (B) take testimony;
29-11 (C) rule on questions of evidence;
29-12 (D) make determinations of fact; or
29-13 (E) order compliance with proper discovery
29-14 requests.
29-15 (3) The commission shall provide the hearings officer
29-16 with a written statement of all commission rules or policies that
29-17 govern the proceeding.
29-18 (4) At the conclusion of the proceeding the hearings
29-19 officer shall make a ruling on the matter accompanied by written
29-20 findings of facts and conclusions of law.
29-21 (5) The commission shall review the findings of fact,
29-22 conclusions of law, and ruling of the hearings officer before
29-23 making its final ruling in the proceeding. The commission may also
29-24 review a transcript of the proceeding before making its final
29-25 ruling. The commission shall adopt the ruling of the hearings
29-26 officer as its ruling unless it finds good cause to issue a
29-27 different ruling. The commission shall explain in writing the
30-1 reasons for adopting a ruling other than the one issued by the
30-2 hearings officer.
30-3 <(6) Not later than the 10th day after the date the
30-4 hearings officer makes a ruling, the licensee may appeal the ruling
30-5 to the commission. Except for good cause, the commission shall
30-6 make its final ruling not later than the 10th day after the date
30-7 the appeal is made.>
30-8 SECTION 10. Section 6D(e), Chapter 251, Acts of the 53rd
30-9 Legislature, Regular Session, 1953 (Article 4582b, Vernon's Texas
30-10 Civil Statutes), is amended to read as follows:
30-11 (e) If a person files a complaint with the commission
30-12 relating to a licensed funeral director, embalmer, apprentice, or
30-13 funeral establishment, the commission shall furnish to the person
30-14 an explanation of the remedies that are available to the person
30-15 under this Act and information about appropriate state or local
30-16 agencies or officials with which the person may file a complaint.
30-17 SECTION 11. Sections 6G(a), (b), and (d)-(h), Chapter 251,
30-18 Acts of the 53rd Legislature, Regular Session, 1953 (Article 4582b,
30-19 Vernon's Texas Civil Statutes), are amended to read as follows:
30-20 (a) If the commission determines that a person or
30-21 establishment regulated under this Act has violated this Act or a
30-22 rule adopted under this Act <in a manner that constitutes a ground
30-23 for a license suspension under Subsection H, Section 3, or Section
30-24 4 of this Act>, the commission may assess an administrative penalty
30-25 against that person or establishment as a result of a hearing
30-26 conducted by the commission in the manner provided by Section 6C of
30-27 this Act or as provided by this section. If an administrative
31-1 penalty is assessed after a hearing conducted by the commission or
31-2 under Section 6C of this Act, the commission shall follow the
31-3 procedures described in Subsections (e) through (h) of this
31-4 section.
31-5 (b) The commission may assess the administrative penalty in
31-6 an amount not less than One Hundred Dollars ($100) or more than
31-7 Five Thousand Dollars ($5,000) for each act of violation. In
31-8 determining the amount of the penalty, the commission shall employ
31-9 guidelines established by commission rule <consider the seriousness
31-10 of the violation>.
31-11 (d) Not later than the thirtieth (30th) <twentieth (20th)>
31-12 day after the date <day> on which the preliminary report is sent,
31-13 the person or establishment charged either may make a written
31-14 request for a hearing or may remit the amount of the administrative
31-15 penalty to the commission. Failure either to request a hearing or
31-16 to remit the amount of the penalty within the time provided by this
31-17 subsection results in a waiver of a right to a hearing under this
31-18 Act. Unless a hearing is requested, the penalty is due on the
31-19 thirtieth (30th) day after the date the preliminary report is sent.
31-20 Failure to pay the penalty by that date automatically suspends the
31-21 affected license for six months. If the person or establishment
31-22 charged requests a hearing, the hearing shall be conducted in the
31-23 manner provided by Section 6C of this Act. <If it is determined
31-24 after hearing that the person or establishment has committed the
31-25 alleged violation, the commission shall give written notice to the
31-26 person or establishment of the findings established by the hearing
31-27 and the amount of the penalty, and shall enter an order requiring
32-1 the person or establishment to pay the penalty.>
32-2 (e)(1) If an administrative penalty is assessed after a
32-3 hearing conducted under Section 6C of this Act, not <Not> later
32-4 than the thirtieth (30th) day after the date <day> on which the
32-5 order <notice> is sent or a motion for rehearing is denied
32-6 <received>, the person or establishment charged shall pay the
32-7 administrative penalty in full, or, if the person or establishment
32-8 wishes to contest either the amount of the penalty or the fact of
32-9 the violation, the person or establishment shall:
32-10 (A) remit the assessed amount to the commission
32-11 for deposit in an escrow account; or
32-12 (B) post a supersedeas bond in a form approved
32-13 by the commission for the amount of the penalty.
32-14 (2) If, after judicial review, it is determined that
32-15 no violation occurred or that the amount of the penalty should be
32-16 reduced, the commission shall remit the appropriate amount to the
32-17 person or establishment charged with the violation not later than
32-18 the thirtieth (30th) day after the date <day> on which the judicial
32-19 determination becomes final.
32-20 (f) Failure to remit the amount of the administrative
32-21 penalty to or post bond with the commission within the time
32-22 provided by this Act <section> results in a waiver of all legal
32-23 rights to contest the violation or the amount of the penalty. If
32-24 the person or establishment fails to remit the amount of the
32-25 administrative penalty to or post bond with the commission within
32-26 that time, or within a longer period with the consent of the
32-27 commission, the license of that person or establishment is
33-1 suspended for six months. After notice and a hearing, the
33-2 commission may extend the license suspension for a longer period or
33-3 may revoke or cancel the license for failure to remit the penalty
33-4 or post bond.
33-5 (g) An administrative penalty owed under this Act <section>
33-6 may be recovered in a civil action, which shall be brought by the
33-7 Attorney General at the request of the commission.
33-8 (h) A penalty collected under this Act <section> shall be
33-9 deposited <in the State Treasury> to the credit of an account in
33-10 the general revenue fund that may be used only for the purpose of
33-11 administering the continuing education program under Section 3 of
33-12 this Act.
33-13 SECTION 12. Section 6H(c), Chapter 251, Acts of the 53rd
33-14 Legislature, Regular Session, 1953 (Article 4582b, Vernon's Texas
33-15 Civil Statutes), is amended to read as follows:
33-16 (c) Not later than the thirtieth (30th) <twentieth (20th)>
33-17 day after the date <day> on which the preliminary report is sent,
33-18 the person or establishment charged may make a written request for
33-19 a hearing. Failure to request a hearing within the time provided
33-20 by this subsection results in a waiver of a right to a hearing
33-21 under this Act and the reprimand shall be issued by the commission
33-22 and placed in the permanent files of the commission. If the person
33-23 or establishment charged requests a hearing, the hearing shall be
33-24 conducted in the manner provided by Section 6C of this Act. If it
33-25 is determined after hearing that the person or establishment has
33-26 committed the alleged violation, the commission is not limited to
33-27 the issuance of a reprimand but may also take any action allowed
34-1 under <Subsection H, Section 3, or Subsection D, Section 4, of>
34-2 this Act.
34-3 SECTION 13. Section 6I, Chapter 251, Acts of the 53rd
34-4 Legislature, Regular Session, 1953 (Article 4582b, Vernon's Texas
34-5 Civil Statutes), is amended to read as follows:
34-6 Sec. 6I. REPEAT AND MULTIPLE OFFENDERS. (a) The commission
34-7 or <and> a hearings officer shall review each disciplinary
34-8 proceeding to determine whether the licensee has committed the same
34-9 type of violation on one or more previous occasions. If it is
34-10 determined that the licensee has previously committed the same type
34-11 of violation, the commission or hearings officer shall impose a
34-12 disciplinary action that is more severe than that imposed on the
34-13 previous occasion.
34-14 (b) In a disciplinary proceeding involving multiple
34-15 violations of this Act, the commission or <and> the hearings
34-16 officer <examiner> shall impose a disciplinary action that is more
34-17 severe than the disciplinary action that would be imposed for each
34-18 of the individual violations.
34-19 SECTION 14. Section 7(b), Chapter 251, Acts of the 53rd
34-20 Legislature, Regular Session, 1953 (Article 4582b, Vernon's Texas
34-21 Civil Statutes), is amended to read as follows:
34-22 (b) The commission may file a complaint with the appropriate
34-23 governmental authorities to begin prosecution of a person who
34-24 commits an offense under Section 6A of this Act. The commission or
34-25 any adversely affected party may sue a funeral establishment or
34-26 <licensed> embalmer or funeral director who fails to comply with
34-27 <any provision of> this Act or a rule adopted under this Act for
35-1 appropriate injunctive relief. This Act does not affect a remedy
35-2 or enforcement power under other laws.
35-3 SECTION 15. Section 9, Chapter 251, Acts of the 53rd
35-4 Legislature, Regular Session, 1953 (Article 4582b, Vernon's Texas
35-5 Civil Statutes), is amended to read as follows:
35-6 Sec. 9. CONSTRUCTION WITH OTHER LAW. This Act does not
35-7 limit or replace the authority of the Banking Department of Texas
35-8 to regulate and enforce Chapter 512, Acts of the 54th Legislature,
35-9 Regular Session, 1955 (Article 548b, Vernon's Texas Civil
35-10 Statutes). The authority of the commission as to Chapter 512, Acts
35-11 of the 54th Legislature, Regular Session, 1955 (Article 548b,
35-12 Vernon's Texas Civil Statutes), and its subsequent amendments, is
35-13 limited to the imposition of an administrative penalty, issuance of
35-14 a reprimand, or suspension, revocation, or probation of a license
35-15 issued by the <that> commission.
35-16 SECTION 16. Subsection K, Section 1, and Sections 6(e) and
35-17 (f), Chapter 251, Acts of the 53rd Legislature, 1953 (Article
35-18 4582b, Vernon's Texas Civil Statutes), are repealed.
35-19 SECTION 17. This Act takes effect September 1, 1993.
35-20 SECTION 18. The importance of this legislation and the
35-21 crowded condition of the calendars in both houses create an
35-22 emergency and an imperative public necessity that the
35-23 constitutional rule requiring bills to be read on three several
35-24 days in each house be suspended, and this rule is hereby suspended.