1-1 AN ACT
1-2 relating to the continuation and functions of the Texas Funeral
1-3 Service Commission.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 ARTICLE 1. TEXAS FUNERAL SERVICE COMMISSION AMENDMENTS
1-6 SECTION 1.01. Section 101.002, Occupations Code, is amended
1-7 to read as follows:
1-8 Sec. 101.002. COMPOSITION OF COUNCIL. The council consists
1-9 of 15 [14] members, with one member appointed by each of the
1-10 following:
1-11 (1) the Texas Board of Chiropractic Examiners;
1-12 (2) the State Board of Dental Examiners;
1-13 (3) the Texas Optometry Board;
1-14 (4) the Texas State Board of Pharmacy;
1-15 (5) the Texas State Board of Podiatric Medical
1-16 Examiners;
1-17 (6) the State Board of Veterinary Medical Examiners;
1-18 (7) the Texas State Board of Medical Examiners;
1-19 (8) the Board of Nurse Examiners;
1-20 (9) the Texas State Board of Examiners of
1-21 Psychologists;
1-22 (10) the Board of Vocational Nurse Examiners;
1-23 (11) the Texas Funeral Service Commission;
1-24 (12) the entity that regulates the practice of
2-1 physical therapy;
2-2 (13) [(12)] the entity that regulates the practice of
2-3 occupational therapy;
2-4 (14) [(13)] the health licensing division of the Texas
2-5 Department of Health; and
2-6 (15) [(14)] the governor's office.
2-7 SECTION 1.02. Subchapter B, Chapter 101, Occupations Code,
2-8 is amended by adding Section 101.0515 to read as follows:
2-9 Sec. 101.0515. APPLICABILITY OF SUBCHAPTER. This subchapter
2-10 does not apply to the Texas Funeral Service Commission.
2-11 SECTION 1.03. Section 651.001, Occupations Code, is amended
2-12 to read as follows:
2-13 Sec. 651.001. DEFINITIONS. In this chapter:
2-14 (1) "Cemetery" means a place that is used or intended
2-15 to be used for interment, and includes a graveyard, burial park, or
2-16 mausoleum.
2-17 (2) "Commission" means the Texas Funeral Service
2-18 Commission.
2-19 (3) "Crematory" means a structure containing a furnace
2-20 used or intended to be used for the cremation of human remains.
2-21 (4) [(2)] "Embalmer" means a person licensed under
2-22 this chapter who for compensation, wholly or partly, disinfects or
2-23 preserves a dead human body by:
2-24 (A) using chemical substances, fluids, or gases,
2-25 including by introducing those substances, fluids, or gases into
2-26 the body by:
2-27 (i) vascular or hypodermic injection; or
3-1 (ii) direct application into the organs or
3-2 cavities; or
3-3 (B) another method intended to disinfect or
3-4 preserve a dead human body or to restore body tissues and
3-5 structures.
3-6 (5) [(3)] "First call" means the beginning of the
3-7 relationship and duty of a funeral director to take charge of a
3-8 dead human body and have the body prepared for burial or
3-9 disposition by embalming, cremation, or another method. The term
3-10 does not include an ambulance call if the person dispatching the
3-11 ambulance does not know whether a dead human body is to be picked
3-12 up.
3-13 (6) [(4)] "Funeral director" means a person licensed
3-14 under this chapter who engages in for compensation, or represents
3-15 to the public as being engaged in for compensation, the
3-16 preparation, other than by embalming, of a dead human body for
3-17 burial or other disposition.
3-18 (7) [(5)] "Funeral directing" means acts associated
3-19 with or arranging for the disposition of a dead human body,
3-20 performed by a person for compensation, from the time of first call
3-21 until:
3-22 (A) inurnment, interment, or entombment services
3-23 are complete; or
3-24 (B) the body is permanently transported out of
3-25 this state [released:]
3-26 [(i) for transport to a crematorium; or]
3-27 [(ii) to a public carrier].
4-1 (8) [(6)] "Funeral establishment" means:
4-2 (A) a place of business used in the care and
4-3 preparation for burial or transportation of a dead human body; or
4-4 (B) any other place in which a person engages
4-5 in, or represents the person to be engaged in, the business of
4-6 embalming or funeral directing.
4-7 (9) [(7)] "Funeral merchandise" means merchandise sold
4-8 primarily for use in:
4-9 (A) a funeral ceremony;
4-10 (B) embalming; or
4-11 (C) the care and preparation of a dead human
4-12 body for burial, cremation, or other disposition.
4-13 (10) [(8)] "Funeral service" means a service performed
4-14 incident to a funeral ceremony or for the care and preparation of a
4-15 dead human body for burial, cremation, or other disposition. The
4-16 term includes embalming.
4-17 (11) [(9)] "Mortuary science" means the scientific,
4-18 professional, and practical aspects, with consideration given to
4-19 accepted practices, of the care, preparation for burial, or
4-20 transportation of a dead human body. The term includes the
4-21 preservation and sanitation of a dead human body and restorative
4-22 art.
4-23 (12) [(10)] "Outer enclosure" means an enclosure or
4-24 container placed in a grave above or around the casket. The term
4-25 includes a burial vault, grave box, or grave liner.
4-26 (13) [(11)] "Prospective customer" means a consumer
4-27 who enters a funeral establishment and inquires about a funeral
5-1 service, cremation, or merchandise.
5-2 (14) [(12)] "Provisional license holder" means a
5-3 person who:
5-4 (A) is engaged in learning the practice of
5-5 funeral directing or embalming under the instruction, direction,
5-6 and personal supervision of a funeral director or embalmer; and
5-7 (B) holds a provisional license issued by the
5-8 commission under this chapter.
5-9 (15) [(13)] "Purchase agreement" means a written
5-10 statement that itemizes the cost of funeral services or merchandise
5-11 selected by a customer from the retail price list.
5-12 (16) [(14)] "Solicitation" means a direct or indirect
5-13 contact by a funeral director, embalmer, or employee, agent, or
5-14 representative of a licensed funeral establishment or any other
5-15 entity with a person near death or the family of, next of kin of,
5-16 or person responsible for making funeral arrangements for a person
5-17 who is deceased or near death, if the contact is not initiated by
5-18 the person near death or the family, next of kin, or person
5-19 responsible for making funeral arrangements and the contact is to
5-20 secure the right to provide funeral services or merchandise or
5-21 occurs in a situation that might influence the contacted person to
5-22 choose a particular funeral establishment. The term does not
5-23 include:
5-24 (A) except in the case of contact with a person
5-25 near death or the person responsible for making funeral
5-26 arrangements for a person near death, an attempt to secure funeral
5-27 business under a permit issued under Chapter 154, Finance Code; or
6-1 (B) any method of advertising by publication or
6-2 broadcasting.
6-3 (17) [(15)] "Unit pricing" means a method of pricing
6-4 that offers a discount to a purchaser who buys various funeral
6-5 services and merchandise as a package.
6-6 SECTION 1.04. Section 651.002, Occupations Code, is amended
6-7 to read as follows:
6-8 Sec. 651.002. APPLICATION OF SUNSET ACT. The Texas Funeral
6-9 Service Commission is subject to Chapter 325, Government Code
6-10 (Texas Sunset Act). Unless continued in existence as provided by
6-11 that chapter, the commission is abolished and this chapter expires
6-12 September 1, 2003 [2001].
6-13 SECTION 1.05. Subsection (a), Section 651.051, Occupations
6-14 Code, is amended to read as follows:
6-15 (a) The Texas Funeral Service Commission consists of seven
6-16 [six] members appointed by the governor, with the advice and
6-17 consent of the senate as follows:
6-18 (1) two members who are licensed as both an embalmer
6-19 and a funeral director[] [in this state] for at least the five years
6-20 preceding appointment to the commission; [and]
6-21 (2) one member who is a registered cemetery owner or
6-22 operator; and
6-23 (3) four members who represent the public and who:
6-24 (A) are not regulated under this chapter; and
6-25 (B) have consistently shown an interest in
6-26 supporting consumer protection.
6-27 SECTION 1.06. Subchapter B, Chapter 651, Occupations Code,
7-1 is amended by adding Sections 651.0511 and 651.0512 to read as
7-2 follows:
7-3 Sec. 651.0511. TRAINING. (a) A person who is appointed to
7-4 and qualifies for office as a member of the commission may not
7-5 vote, deliberate, or be counted as a member in attendance at a
7-6 meeting of the commission until the person completes a training
7-7 program that complies with this section.
7-8 (b) The training program must provide the person with
7-9 information regarding:
7-10 (1) this chapter;
7-11 (2) the programs operated by the commission;
7-12 (3) the role and functions of the commission;
7-13 (4) the rules of the commission, with an emphasis on
7-14 the rules that relate to disciplinary and investigatory authority;
7-15 (5) the current budget for the commission;
7-16 (6) the results of the most recent formal audit of the
7-17 commission;
7-18 (7) the requirements of:
7-19 (A) the open meetings law, Chapter 551,
7-20 Government Code;
7-21 (B) the public information law, Chapter 552,
7-22 Government Code;
7-23 (C) the administrative procedure law, Chapter
7-24 2001, Government Code; and
7-25 (D) other laws relating to public officials,
7-26 including conflict-of-interest laws; and
7-27 (8) any applicable ethics policies adopted by the
8-1 commission or the Texas Ethics Commission.
8-2 (c) A person appointed to the commission is entitled to
8-3 reimbursement, as provided by the General Appropriations Act, for
8-4 the travel expenses incurred in attending the training program
8-5 regardless of whether the attendance at the program occurs before
8-6 or after the person qualifies for office.
8-7 Sec. 651.0512. TRAINING FOR EMPLOYEES ON STATE INCENTIVE
8-8 PROGRAM. The executive director or the executive director's
8-9 designee shall provide to commission employees information and
8-10 training on the benefits and methods of participation in the state
8-11 employee incentive program under Subchapter B, Chapter 2108,
8-12 Government Code.
8-13 SECTION 1.07. Section 651.052, Occupations Code, is amended
8-14 to read as follows:
8-15 Sec. 651.052. ELIGIBILITY OF PUBLIC MEMBERS. (a) A person
8-16 may not be [is not eligible for appointment as] a public member of
8-17 the commission if the person or the person's spouse:
8-18 (1) is registered, certified, or licensed by a [an
8-19 occupational] regulatory agency in the funeral service industry
8-20 [field of funeral services];
8-21 (2) is employed by or participates in the management
8-22 of a business entity or other organization regulated by or
8-23 receiving money from the commission [or receiving funds from the
8-24 commission];
8-25 (3) owns or controls, directly or indirectly, more
8-26 than a 10 percent [any] interest in a business entity or other
8-27 organization regulated by or receiving money from the commission
9-1 [or receiving funds from the commission]; or
9-2 (4) uses or receives a substantial amount of tangible
9-3 goods, services, or money [funds] from the commission, other than
9-4 compensation or reimbursement authorized by law for commission
9-5 membership, attendance, or expenses.
9-6 (b) A public member of the commission may not, except as a
9-7 consumer:
9-8 (1) have a financial interest in a funeral
9-9 establishment; or
9-10 (2) be related to a person within the second degree by
9-11 affinity or third degree by consanguinity, as determined under
9-12 Subchapter B, Chapter 573, Government Code, who has a financial
9-13 interest in a funeral establishment.
9-14 SECTION 1.08. Section 651.053, Occupations Code, is amended
9-15 to read as follows:
9-16 Sec. 651.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In
9-17 this section, "Texas trade association" means a [nonprofit,]
9-18 cooperative[,] and voluntarily joined association of business or
9-19 professional competitors in this state designed to assist its
9-20 members and its industry or profession in dealing with mutual
9-21 business or professional problems and in promoting their common
9-22 interest.
9-23 (b) A person may not be a member of the commission and may
9-24 not be a commission employee employed in a "bona fide executive,
9-25 administrative, or professional capacity," as that phrase is used
9-26 for purposes of establishing an exemption to the overtime
9-27 provisions of the federal Fair Labor Standards Act of 1938 (29
10-1 U.S.C. Section 201 et seq.), and its subsequent amendments, if:
10-2 (1) the person is an officer, employee, or paid
10-3 consultant of a Texas trade association in the funeral service
10-4 industry; or
10-5 (2) the person's spouse is an officer, manager, or
10-6 paid consultant of a Texas trade association in the funeral service
10-7 industry. [A commissioner or an employee of the commission who
10-8 carries out the functions of the commission may not be related
10-9 within the second degree by affinity or within the third degree by
10-10 consanguinity, as determined under Subchapter B, Chapter 573,
10-11 Government Code, to a person who is an officer, employee, or paid
10-12 consultant of a trade association in the funeral industry.]
10-13 (c) [An officer, employee, or paid consultant of a Texas
10-14 trade association in the field of funeral services may not be a
10-15 commission member and may not be an employee who is exempt from the
10-16 state's position classification plan or is compensated at or above
10-17 the amount prescribed by the General Appropriations Act for step 1,
10-18 salary group A17, of the position classification salary schedule.]
10-19 [(d) A person who is the spouse of an officer, manager, or
10-20 paid consultant of a Texas trade association in the field of
10-21 funeral services may not be a member of the commission and may not
10-22 be an employee of the commission who is exempt from the state's
10-23 position classification plan or is compensated at or above the
10-24 amount prescribed by the General Appropriations Act for step 1,
10-25 salary group A17, of the position classification salary schedule.]
10-26 [(e) A person may not be appointed to the commission if:]
10-27 [(1) the person is an officer or employee of a
11-1 corporation or other business entity directly or indirectly
11-2 controlling or operating more than three funeral establishments;
11-3 and]
11-4 [(2) a member of the commission is an officer or
11-5 employee of the same corporation or entity.]
11-6 [(f) A violation of Subsection (e) that occurs after a
11-7 member is appointed constitutes a vacancy of each of those members'
11-8 positions, as of the date of the completion of the merger or other
11-9 agreement. The vacancy shall be filled by the governor as soon as
11-10 practicable. A member appointed to fill a vacancy under this
11-11 subsection serves for the remainder of the vacated term.]
11-12 [(g)] A person may not be [serve as] a member of the
11-13 commission or act as the general counsel if the person is required
11-14 to register as a lobbyist under Chapter 305, Government Code,
11-15 because of the person's activities for compensation on behalf of a
11-16 profession related to the operation of the commission.
11-17 SECTION 1.09. Section 651.104, Occupations Code, is amended
11-18 to read as follows:
11-19 Sec. 651.104. DIVISION OF RESPONSIBILITIES. The commission
11-20 shall develop and implement policies that clearly separate [define]
11-21 the policy-making responsibilities of the commission and the
11-22 management responsibilities of the executive director and staff of
11-23 the commission.
11-24 SECTION 1.10. Section 651.107, Occupations Code, is amended
11-25 to read as follows:
11-26 Sec. 651.107. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT.
11-27 (a) The executive director or the executive director's designee
12-1 shall prepare and maintain a written policy statement that
12-2 implements a program [to ensure implementation] of [an] equal
12-3 employment opportunity to ensure that [program under which] all
12-4 personnel decisions [transactions] are made without regard to race,
12-5 color, disability, sex, religion, age, or national origin.
12-6 (b) The policy statement must include:
12-7 (1) personnel policies, including policies relating to
12-8 recruitment, evaluation, selection, [appointment,] training, and
12-9 promotion of personnel, that show the intent of the commission to
12-10 avoid the unlawful employment practices described by Chapter 21,
12-11 Labor Code; and
12-12 (2) an [a comprehensive] analysis of the extent to
12-13 which the composition of the commission's personnel is in
12-14 accordance with [commission workforce that meets] federal and state
12-15 law and a description of [guidelines;]
12-16 [(3) procedures by which a determination can be made
12-17 of significant underuse in the commission workforce of all persons
12-18 for whom federal or state guidelines encourage a more equitable
12-19 balance; and]
12-20 [(4)] reasonable methods to achieve compliance with
12-21 federal and state law [appropriately address those areas of
12-22 significant underuse].
12-23 (c) The [(b) A] policy statement [prepared under
12-24 Subsection (a)] must:
12-25 (1) [cover an annual period,] be updated at least
12-26 annually;
12-27 (2) be reviewed by the state Commission on Human
13-1 Rights for compliance with Subsection (b)(1);[,] and
13-2 (3) be filed with the governor's office [governor].
13-3 [(c) The governor shall deliver a biennial report to the
13-4 legislature based on the information received under Subsection (b).
13-5 The report may be made separately or as a part of other biennial
13-6 reports made to the legislature.]
13-7 SECTION 1.11. Section 651.157, Occupations Code, is amended
13-8 to read as follows:
13-9 Sec. 651.157. INSPECTION OF FUNERAL ESTABLISHMENT.
13-10 (a) Except as provided by Subsection (b), a [Each] licensed
13-11 funeral establishment shall be inspected at least once every two
13-12 years [annually] by an agent of the commission or by an agent of
13-13 the state or a political subdivision authorized by the commission
13-14 to make inspections on its behalf.
13-15 (b) If the commission finds a violation of this chapter or
13-16 of Chapter 193 or 361, Health and Safety Code, the commission shall
13-17 inspect the funeral establishment annually until the commission
13-18 determines that the establishment is free of violations.
13-19 (c) A report of each [the annual] inspection made under this
13-20 section shall be filed with the commission.
13-21 (d) The commission by rule shall establish:
13-22 (1) procedures for the inspection of a funeral
13-23 establishment required by this section; and
13-24 (2) criteria, including consideration of the
13-25 establishment's inspection and complaint history, regarding when
13-26 the commission should inspect an establishment based on the risk of
13-27 a violation at an establishment.
14-1 (e) [(b)] A premises on which funeral directing or embalming
14-2 is practiced shall be open at all times to inspection for any
14-3 violation of this chapter or of Chapter 193 or 361, Health and
14-4 Safety Code, by:
14-5 (1) an agent of the commission;
14-6 (2) an authorized agent of the state; or
14-7 (3) an authorized agent of the county or municipality
14-8 in which the premises is located.
14-9 (f) [(c)] Before a commission agent inspects a funeral
14-10 establishment, the agent shall review the inspection reports filed
14-11 with the commission on the establishment. During the inspection,
14-12 the agent shall determine whether previously identified problems
14-13 have been corrected and whether a pattern of violations exists.
14-14 The commission shall consider the information from the inspection
14-15 reports in determining whether a penalty should be imposed against
14-16 an establishment.
14-17 SECTION 1.12. Subchapter D, Chapter 651, Occupations Code,
14-18 is amended by adding Section 651.1575 to read as follows:
14-19 Sec. 651.1575. INSPECTION OF CEMETERY OR CREMATORY.
14-20 (a) The commission may inspect a cemetery or crematory only if the
14-21 commission receives a complaint about that facility under Section
14-22 651.202.
14-23 (b) A report of an inspection made under this section shall
14-24 be filed with the commission.
14-25 (c) The commission by rule shall establish procedures for
14-26 the inspection of a cemetery or crematory required by this section.
14-27 SECTION 1.13. Section 651.202, Occupations Code, is amended
15-1 to read as follows:
15-2 Sec. 651.202. COMPLAINTS. (a) The commission by rule shall
15-3 establish methods by which consumers and service recipients are
15-4 notified of the name, mailing address, and telephone number of the
15-5 commission for the purpose of directing complaints to the
15-6 commission. The commission may provide for that notice:
15-7 (1) on each license or registration form, application,
15-8 or written contract for services of a person regulated under this
15-9 chapter;
15-10 (2) on a sign prominently displayed in the place of
15-11 business of each person regulated under this chapter; or
15-12 (3) in a bill for service provided by a person
15-13 regulated under this chapter.
15-14 (b) The commission shall adopt rules concerning a complaint
15-15 filed under this section. The rules adopted under this subsection
15-16 must:
15-17 (1) establish procedures regarding the receipt,
15-18 investigation, and disposition of complaints;
15-19 (2) allow for an informal hearing process;
15-20 (3) establish a formal hearing process;
15-21 (4) ensure that the person who filed the complaint has
15-22 an opportunity to explain the allegations made in the complaint;
15-23 (5) ensure that the license holder or registrant who
15-24 is the subject of the complaint has an opportunity to be heard
15-25 regarding the complaint; and
15-26 (6) establish procedures by which a commission
15-27 employee may dismiss a complaint, subject to approval by the
16-1 executive director or the executive director's designee, if the
16-2 investigation does not reveal a violation.
16-3 (c) The commission shall investigate each complaint received
16-4 by the commission relating to a funeral director, embalmer,
16-5 provisional license holder, [or] funeral establishment, or other
16-6 person licensed or registered under this chapter.
16-7 (d) The commission shall provide to the person filing the
16-8 complaint and to each person who is a subject of the complaint a
16-9 copy of the commission's policies and procedures relating to
16-10 complaint investigation and resolution, including [(c) If a person
16-11 files a complaint with the commission relating to a funeral
16-12 director, embalmer, provisional license holder, or licensed funeral
16-13 establishment, the commission shall furnish to the person] an
16-14 explanation of the remedies that are available to the person under
16-15 this chapter and information about other appropriate state or local
16-16 agencies or officials with which the person may file a complaint.
16-17 (e) The [(d) If a written complaint is filed with the
16-18 commission that the commission has authority to resolve, the]
16-19 commission, at least quarterly until final disposition of the
16-20 complaint [and on final disposition of the complaint], shall notify
16-21 the person filing [parties to] the complaint and each person who is
16-22 a subject of the complaint of the status of the investigation
16-23 [complaint] unless the notice would jeopardize an undercover
16-24 investigation.
16-25 (f) [(e)] The person who filed the complaint [complainant]
16-26 is entitled to attend any proceeding resulting from the complaint.
16-27 SECTION 1.14. Subsection (a), Section 651.203, Occupations
17-1 Code, is amended to read as follows:
17-2 (a) The commission shall maintain a [keep an information]
17-3 file on each written [about each] complaint filed with the
17-4 commission [that the commission has authority to resolve]. The
17-5 file must [commission shall] include [in each information file]:
17-6 (1) the subject matter [a description] of the
17-7 complaint;
17-8 (2) the date the complaint is received by the
17-9 commission [filed];
17-10 (3) the name of the person who filed the complaint
17-11 [complainant];
17-12 (4) the name of each person contacted in relation to
17-13 the complaint;
17-14 (5) a summary of the results of the review or
17-15 investigation of the complaint; and
17-16 (6) an explanation of the reason the file was closed,
17-17 if the commission closed the file without taking action other than
17-18 to investigate the complaint [a description of any information
17-19 obtained by the commission after investigating the complaint;]
17-20 [(5) a description of and the date of any formal
17-21 action taken by the commission relating to the complaint;]
17-22 [(6) a description of the current status of the
17-23 complaint; and]
17-24 [(7) any other information the commission considers
17-25 appropriate].
17-26 SECTION 1.15. Section 651.254, Occupations Code, is amended
17-27 to read as follows:
18-1 Sec. 651.254. LICENSE EXAMINATIONS; RESULTS. (a) The
18-2 examinations for a funeral director's license and an embalmer's
18-3 license shall be held at least annually. The examinations shall be
18-4 given at the time and place designated by the commission. The
18-5 commission shall give notice of the examinations.
18-6 (b) Not later than the 30th day after the date a person
18-7 takes a [on which a funeral director's or embalmer's] licensing
18-8 examination [is administered] under this chapter, the commission
18-9 shall notify the person [each examinee] of the results of the
18-10 examination.
18-11 (c) If the [an] examination is graded or reviewed by a
18-12 [national] testing service:
18-13 (1) [,] the commission shall notify the person [each
18-14 examinee] of the results of the examination not later than the 14th
18-15 day after the date [on which] the commission receives the results
18-16 from the testing service; and
18-17 (2) if[.]
18-18 [(c) If the] notice of the examination results [graded or
18-19 reviewed by a national testing service] will be delayed for longer
18-20 than 90 days after the examination date, the commission shall
18-21 notify the person [examinee] of the reason for the delay before the
18-22 90th day.
18-23 (d) The commission may require a testing service to notify a
18-24 person of the results of the person's examination.
18-25 (e) If requested in writing by a person who fails a
18-26 licensing examination administered under this chapter, the
18-27 commission shall furnish the person with an analysis of the
19-1 person's performance on the examination.
19-2 [(e) Notice of the time and place of an examination must be
19-3 filed with the Texas Register at least seven days before the
19-4 examination.]
19-5 SECTION 1.16. Subchapter F, Chapter 651, Occupations Code,
19-6 is amended by adding Section 651.2595 to read as follows:
19-7 Sec. 651.2595. PROVISIONAL LICENSE. (a) The commission may
19-8 issue a provisional license to an applicant currently licensed in
19-9 another jurisdiction who seeks a license in this state and who:
19-10 (1) has been licensed in good standing as a funeral
19-11 director or embalmer for at least two years in another
19-12 jurisdiction, including a foreign country, that has licensing
19-13 requirements substantially equivalent to the requirements of this
19-14 chapter;
19-15 (2) has passed a national or other examination
19-16 recognized by the commission relating to the practice of funeral
19-17 director or embalmer; and
19-18 (3) is sponsored by a person licensed by the
19-19 commission under this chapter with whom the provisional license
19-20 holder will practice during the time the person holds a provisional
19-21 license.
19-22 (b) The commission may waive the requirement of Subsection
19-23 (a)(3) for an applicant if the commission determines that
19-24 compliance with that subsection would be a hardship to the
19-25 applicant.
19-26 (c) A provisional license is valid until the date the
19-27 commission approves or denies the provisional license holder's
20-1 application for a license. The commission shall issue a license
20-2 under this chapter to the provisional license holder if:
20-3 (1) the provisional license holder is eligible to be
20-4 licensed under Section 651.259; or
20-5 (2) the provisional license holder:
20-6 (A) passes the part of the examination under
20-7 Subsection (a) that relates to the applicant's knowledge and
20-8 understanding of the laws and rules relating to the practice of
20-9 funeral directing or embalming in this state;
20-10 (B) meets the academic and experience
20-11 requirements for a license under this chapter; and
20-12 (C) satisfies any other licensing requirements
20-13 under this chapter.
20-14 (d) The commission shall approve or deny a provisional
20-15 license holder's application for a license not later than the 180th
20-16 day after the date the provisional license is issued. The
20-17 commission may extend the 180-day period if the results of an
20-18 examination have not been received by the commission before the end
20-19 of that period.
20-20 (e) The commission may establish a fee for provisional
20-21 licenses in an amount reasonable and necessary to cover the cost of
20-22 issuing the license.
20-23 SECTION 1.17. Section 651.262, Occupations Code, is
20-24 transferred to Subchapter D, Chapter 651, Occupations Code,
20-25 redesignated as Section 651.164, Occupations Code, and amended to
20-26 read as follows:
20-27 Sec. 651.164. [651.262.] LICENSE OR REGISTRATION EXPIRATION.
21-1 The commission by rule may adopt a system under which [funeral
21-2 director's and embalmer's] licenses or registrations expire on
21-3 various dates during the year. [The commission shall adjust dates
21-4 for sending notice regarding payment of fees and license suspension
21-5 for nonpayment according to the system, if any, adopted under this
21-6 subsection.] For the [a] year in which the license or registration
21-7 expiration date is changed, the commission shall prorate license or
21-8 registration fees [are prorated] on a monthly basis so that each
21-9 license holder or registrant pays only that portion of the license
21-10 or registration fee that is allocable to the number of months
21-11 during which the license or registration is valid. On renewal of
21-12 the license or registration on the new expiration date, the total
21-13 license or registration renewal fee is payable.
21-14 SECTION 1.18. Section 651.263, Occupations Code, is
21-15 transferred to Subchapter D, Chapter 651, Occupations Code,
21-16 redesignated as Section 651.165, Occupations Code, and amended to
21-17 read as follows:
21-18 Sec. 651.165 [651.263]. RENEWAL OR REINSTATEMENT OF LICENSE.
21-19 (a) A person who is otherwise eligible to renew a license may
21-20 renew an unexpired license by paying the required renewal fee to
21-21 the commission before the expiration date of the license. A person
21-22 whose license has expired may not engage in activities that require
21-23 a license until the license has been renewed.
21-24 (b) A person whose license has been expired for 90 days or
21-25 less may renew the license by paying to the commission a [the
21-26 required] renewal fee that is [and a penalty fee] equal to 1-1/2
21-27 times the normally required [one-half the amount of the] renewal
22-1 fee [for the license].
22-2 (c) A person whose license [If a person's license] has been
22-3 expired for more than 90 days but less than one year [five years,
22-4 the person] may renew the license by paying to the commission a
22-5 [all unpaid] renewal [fees and a penalty] fee that is equal to two
22-6 times the normally required [one-half of the total amount of the
22-7 unpaid] renewal fee [fees].
22-8 (d) A person whose [(c) If a person's] license has been
22-9 expired for one year or more [five years or longer, the person] may
22-10 not renew the license. The person may obtain a new license by
22-11 [submitting to reexamination and] complying with the requirements
22-12 and procedures, including the examination requirements, for
22-13 obtaining an original license.
22-14 (e) A person who was licensed in this state, moved to
22-15 another state, and is currently licensed and has been in practice
22-16 in the other state for the two years preceding the date of
22-17 application may obtain a new license without reexamination. The
22-18 person must pay to the commission a fee that is equal to two times
22-19 the normally required renewal fee for the license.
22-20 (f) [(d)] At least 30 days before the expiration of a
22-21 person's license, the commission shall send written notice of the
22-22 impending license expiration to the person at the person's last
22-23 known address according to the records of the commission.
22-24 SECTION 1.19. Section 651.266, Occupations Code, is amended
22-25 to read as follows:
22-26 Sec. 651.266. CONTINUING EDUCATION. The commission by rule
22-27 may require continuing education as a condition for license renewal
23-1 except for a license holder described by Section 651.155 or an
23-2 applicant for renewal described by [Section 651.155 or] Section
23-3 651.265. If the commission requires continuing education, the
23-4 commission shall require completion of a minimum number of hours of
23-5 ethics training as a required part of that education.
23-6 SECTION 1.20. The heading to Section 651.405, Occupations
23-7 Code, is amended to read as follows:
23-8 Sec. 651.405. RETAIL PRICE LIST; FUNERAL ESTABLISHMENT.
23-9 SECTION 1.21. Subchapter I, Chapter 651, Occupations Code,
23-10 is amended by adding Section 651.4055 to read as follows:
23-11 Sec. 651.4055. RETAIL PRICE LIST; CEMETERY OR CREMATORY.
23-12 (a) In this section, "retail price list" means a printed or
23-13 typewritten list of the retail price of items or services provided
23-14 by a cemetery or crematory.
23-15 (b) A retail price list must contain:
23-16 (1) the name, address, and telephone number of the
23-17 cemetery or crematory;
23-18 (2) the effective date for the stated prices;
23-19 (3) notice required by Subsection (c); and
23-20 (4) any other items that the commission may by rule
23-21 require.
23-22 (c) The retail price list must contain the following printed
23-23 notice: "The goods and services shown below are those we can
23-24 provide to our customers. You may choose only the items you
23-25 desire. If legal or other requirements mean you must buy any items
23-26 you did not specifically ask for, we will explain the reason in
23-27 writing on the statement we provide describing the goods and
24-1 services you selected."
24-2 SECTION 1.22. The heading to Section 651.406, Occupations
24-3 Code, is amended to read as follows:
24-4 Sec. 651.406. PURCHASE AGREEMENT; FUNERAL ESTABLISHMENT.
24-5 SECTION 1.23. Subchapter I, Chapter 651, Occupations Code,
24-6 is amended by adding Section 651.4065 to read as follows:
24-7 Sec. 651.4065. PURCHASE AGREEMENT; CEMETERY OR CREMATORY.
24-8 (a) A purchase agreement must state:
24-9 (1) the name, address, and telephone number of the
24-10 cemetery or crematory;
24-11 (2) the amount paid or owed to another person by the
24-12 cemetery or crematory on behalf of the customer and each fee
24-13 charged the customer for the cost of advancing funds or becoming
24-14 indebted to another person on behalf of the customer;
24-15 (3) the printed notice required by Subsection (b);
24-16 (4) the name, mailing address, and telephone number of
24-17 the commission;
24-18 (5) a statement that complaints may be directed to the
24-19 commission; and
24-20 (6) any other items that the commission may by rule
24-21 require.
24-22 (b) The purchase agreement must contain the following
24-23 printed notice: "Charges are only for those items that you
24-24 selected or that are required. If we are required by law to use
24-25 any items, we will explain the reasons in writing below."
24-26 (c) The registrant for the cemetery or crematory shall sign
24-27 the purchase agreement.
25-1 (d) If the customer selects a package arrangement based on
25-2 unit pricing, the itemization requirement is satisfied by providing
25-3 a purchase agreement that itemizes the discount provided by the
25-4 package arrangement.
25-5 SECTION 1.24. Subchapter I, Chapter 651, Occupations Code,
25-6 is amended by adding Section 651.408 to read as follows:
25-7 Sec. 651.408. USE OF CEMETERY AND CREMATORY SERVICES. The
25-8 fact that a funeral director contracts for cemetery or crematory
25-9 services, including as part of a package arrangement, does not
25-10 limit the director's liability to the customer for those services.
25-11 SECTION 1.25. Section 651.451, Occupations Code, is amended
25-12 to read as follows:
25-13 Sec. 651.451. CERTAIN FRAUDULENT AND DECEPTIVE ACTS. A
25-14 person violates this chapter if the person:
25-15 (1) presents to the commission a license, certificate,
25-16 registration, or diploma that was illegally or fraudulently
25-17 obtained;
25-18 (2) uses fraud or deception in passing the
25-19 examination, including impersonating or acting as a proxy for
25-20 another person in the examination;
25-21 (3) purchases, sells, barters, or uses, or offers to
25-22 purchase, sell, barter, or use, a license, registration,
25-23 certificate, or transcript of a license, registration, or
25-24 certificate in or incident to an application to the commission for
25-25 a license or registration issued under this chapter [to practice as
25-26 a funeral director or embalmer];
25-27 (4) alters, with fraudulent intent, a [funeral
26-1 director's or embalmer's] license, registration, or certificate
26-2 issued under this chapter or a transcript of a license,
26-3 registration, or certificate;
26-4 (5) uses a [funeral director's or embalmer's] license,
26-5 registration, certificate, or diploma issued under this chapter or
26-6 a transcript of a [funeral director's or embalmer's] license,
26-7 registration, certificate, or diploma that has been fraudulently
26-8 purchased, issued, counterfeited, or materially altered;
26-9 (6) impersonates a funeral director, [or] embalmer, or
26-10 other person regulated under this chapter;
26-11 (7) permits another to use the person's license or
26-12 registration to perform an activity regulated under this chapter
26-13 [practice as a funeral director or embalmer in this state]; or
26-14 (8) presents false certification of work done as a
26-15 provisional license holder.
26-16 SECTION 1.26. Section 651.452, Occupations Code, is amended
26-17 to read as follows:
26-18 Sec. 651.452. LACK OF FITNESS TO PRACTICE. A person
26-19 violates this chapter if the person is:
26-20 (1) convicted of:
26-21 (A) a misdemeanor related to the practice of
26-22 embalming, [or] funeral directing, or another activity regulated
26-23 under this chapter; or
26-24 (B) a felony;
26-25 (2) unfit to practice as a funeral director or
26-26 embalmer because of insanity and determined by a court to be of
26-27 unsound mind; or
27-1 (3) unfit to practice because of current substance
27-2 abuse.
27-3 SECTION 1.27. Section 651.455, Occupations Code, is amended
27-4 to read as follows:
27-5 Sec. 651.455. FALSE OR MISLEADING STATEMENTS REGARDING
27-6 FUNERAL MERCHANDISE OR FUNERAL, CEMETERY, OR CREMATORY SERVICES.
27-7 (a) A person violates this chapter if the person uses a statement
27-8 that misleads or deceives the public, including a false or
27-9 misleading statement regarding:
27-10 (1) a legal, religious, or cemetery requirement for
27-11 funeral merchandise or funeral, cemetery, or crematory services;
27-12 (2) the preservative qualities of funeral merchandise
27-13 or funeral, cemetery, or crematory services in preventing or
27-14 substantially delaying natural decomposition of human remains;
27-15 (3) the airtight or watertight properties of a casket
27-16 or outer enclosure; or
27-17 (4) the licenses or registrations held by the
27-18 personnel in the operation of the cemetery, crematory, or funeral
27-19 establishment.
27-20 (b) This section does not apply to cemetery or crematory
27-21 services that occur after burial or inurnment.
27-22 SECTION 1.28. Subchapter K, Chapter 651, Occupations Code,
27-23 is amended by adding Section 651.5025 to read as follows:
27-24 Sec. 651.5025. IMMEDIATE LICENSE REVOCATION; EFFECT OF
27-25 CERTAIN FELONY CONVICTIONS. (a) The commission may revoke the
27-26 license of a license holder without a hearing if the commission
27-27 determines from the information presented to it that the license
28-1 holder has been convicted of a felony related to the practice of
28-2 embalming, funeral directing, or another activity regulated by the
28-3 commission under this chapter. The commission shall notify the
28-4 license holder if it decides to revoke the license.
28-5 (b) The license holder may appeal the decision by submitting
28-6 a written request for a hearing in accordance with this chapter and
28-7 Chapter 2001, Government Code, not later than the 30th day after
28-8 the date of the revocation.
28-9 SECTION 1.29. Subchapter L, Chapter 651, Occupations Code,
28-10 is amended by adding Section 651.5515 to read as follows:
28-11 Sec. 651.5515. PENALTY GUIDELINES. (a) The commission by
28-12 rule shall adopt guidelines that define and summarize the
28-13 violations that occur under this subchapter to assist the
28-14 commission in maintaining consistency in determining the amount of
28-15 an administrative penalty assessed under Section 651.552. Using
28-16 those guidelines and the summary, the commission shall establish
28-17 and maintain a chart that lists:
28-18 (1) the most common violations;
28-19 (2) the penalty amounts assessed for those violations;
28-20 and
28-21 (3) the factors used to grade each type of violation
28-22 before determining the penalty amount under Section 651.552.
28-23 (b) The commission shall consider using focus groups to
28-24 obtain business and consumer input to match appropriate penalties
28-25 to violations before proposing the rules under this section.
28-26 (c) The commission shall post the guidelines on the
28-27 commission's Internet site.
29-1 SECTION 1.30. Section 651.552, Occupations Code, is amended
29-2 to read as follows:
29-3 Sec. 651.552. AMOUNT OF PENALTY. (a) The amount of the
29-4 administrative penalty shall be not less than $100 or more than
29-5 $5,000 for each violation.
29-6 (b) In determining the amount of the penalty, the commission
29-7 shall base its decision on:
29-8 (1) the seriousness of the violation;
29-9 (2) the threat the violation poses to health and
29-10 safety;
29-11 (3) the history of previous violations;
29-12 (4) the amount necessary to deter a future violation;
29-13 (5) efforts made to correct the violation;
29-14 (6) the guidelines adopted under Section 651.5515; and
29-15 (7) any other matter that justice requires [employ
29-16 guidelines established by commission rule].
29-17 SECTION 1.31. Subsection (b), Section 651.553, Occupations
29-18 Code, is amended to read as follows:
29-19 (b) Not later than the 10th day after the date the report is
29-20 issued, the commission shall send to the person charged with the
29-21 violation:
29-22 (1) a copy of the report;
29-23 (2) a statement of the right of the person to a
29-24 hearing relating to the alleged violation; [and]
29-25 (3) a statement of the amount of the penalty; and
29-26 (4) an explanation for any significant deviation from
29-27 the penalty amount assessed for similar violations.
30-1 SECTION 1.32. Chapter 651, Occupations Code, is amended by
30-2 adding Subchapter N to read as follows:
30-3 SUBCHAPTER N. REGISTRATION REQUIREMENTS:
30-4 CEMETERIES AND CREMATORIES
30-5 Sec. 651.651. DEFINITION. In this subchapter, "perpetual
30-6 care cemetery" means a person who notifies the Texas Department of
30-7 Banking of its intent to operate a perpetual care cemetery in this
30-8 state under Section 712.0031, Health and Safety Code.
30-9 Sec. 651.652. APPLICABILITY. (a) This subchapter applies
30-10 only to a cemetery or crematory that sells goods or services
30-11 related to the burial or final disposition of a body.
30-12 (b) This subchapter does not apply to the maintenance of a
30-13 cemetery or crematory, including maintenance of any goods or
30-14 services provided under Chapter 711 or 712, Health and Safety Code.
30-15 Sec. 651.653. CEMETERY OR CREMATORY REGISTRATION
30-16 REQUIREMENTS. (a) A person may not conduct a cemetery or
30-17 crematory business in this state unless an individual who is the
30-18 owner or operator of the cemetery or crematory registers with the
30-19 commission.
30-20 (b) A cemetery or crematory may be owned by a person who is
30-21 not registered under this chapter.
30-22 (c) To register, the individual must apply for a
30-23 registration and pay the registration fee. The commission shall
30-24 register the individual on determining that the individual
30-25 satisfies the requirements of this section.
30-26 (d) The individual must:
30-27 (1) explain the purpose of the cemetery or crematory
31-1 business;
31-2 (2) provide the address and other contact information
31-3 for the business; and
31-4 (3) identify the individual owner or operator who is
31-5 registering.
31-6 (e) The commission by rule shall establish the fee to
31-7 register under this subchapter. The fee must include the cost of
31-8 regulating registrants under this chapter, including discipline and
31-9 investigation of complaints.
31-10 Sec. 651.654. PERPETUAL CARE CEMETERIES. (a) On request by
31-11 the commission, the Texas Department of Banking shall provide the
31-12 commission a list of perpetual care cemeteries, including the
31-13 address and other contact information for each cemetery. The
31-14 commission shall annually register, under this subchapter, each
31-15 perpetual care cemetery on that list.
31-16 (b) A perpetual care cemetery is not required to pay a
31-17 registration fee under this subchapter.
31-18 Sec. 651.655. RENEWAL OF CEMETERY OR CREMATORY REGISTRATION.
31-19 (a) The commission shall mail written notice to a registrant of
31-20 the impending expiration of the registration not later than the
31-21 30th day before the expiration date of the registration. The
31-22 notice must state that:
31-23 (1) to renew the registration, the registrant must pay
31-24 the renewal fee not later than the date on which the registration
31-25 expires; and
31-26 (2) the registration is automatically renewed on
31-27 receipt of the renewal fee.
32-1 (b) A registrant who fails to pay the renewal fee by the due
32-2 date is subject to a late payment penalty equal to the amount
32-3 charged for the renewal fee.
32-4 (c) If the registration is expired for longer than 30 days,
32-5 the registrant may not renew the registration, and the cemetery or
32-6 crematory may not be operated, until the owner or operator
32-7 registers as provided by Section 651.653.
32-8 (d) This section does not apply to a perpetual care
32-9 cemetery.
32-10 SECTION 1.33. The heading to Subtitle L, Title 3,
32-11 Occupations Code, is amended to read as follows:
32-12 SUBTITLE L. CEMETERY AND CREMATORY SERVICES,
32-13 FUNERAL DIRECTING, AND EMBALMING
32-14 SECTION 1.34. The heading to Chapter 651, Occupations Code,
32-15 is amended to read as follows:
32-16 CHAPTER 651. CEMETERY AND CREMATORY SERVICES, FUNERAL DIRECTING,
32-17 AND EMBALMING
32-18 ARTICLE 2. INFORMATION AND LEGAL RESOURCES
32-19 SECTION 2.01. DEFINITIONS. In this article:
32-20 (1) "Funeral commission" means the Texas Funeral
32-21 Service Commission.
32-22 (2) "Task force" means the task force created under
32-23 Section 2.06 of this article.
32-24 SECTION 2.02. INFORMATION RESOURCES. (a) The funeral
32-25 commission shall contract with the Department of Information
32-26 Resources to improve the compilation of statistics and other
32-27 information using information resources. The contract must expire
33-1 before the fiscal year that begins September 1, 2003. In order to
33-2 meet this goal, the contract shall require the department to
33-3 analyze and implement changes to meet the technology needs of the
33-4 funeral commission regarding the compilation of information
33-5 necessary to effectively regulate the funeral industry.
33-6 (b) The statistics and other information compiled under
33-7 Subsection (a) of this section must include:
33-8 (1) data about complaints, licenses, registrations,
33-9 and sanctions, including the number of new individual versus dual
33-10 licenses issued;
33-11 (2) the number of complaints received that are outside
33-12 of the funeral commission's jurisdictions;
33-13 (3) the average cost of complaints resolved;
33-14 (4) summaries of violations and actions taken; and
33-15 (5) any information necessary to help the attorney
33-16 general enforce delinquent child support orders among persons
33-17 licensed or registered by the funeral commission.
33-18 SECTION 2.03. LEGAL RESOURCES. The funeral commission shall
33-19 contract with the attorney general to ensure adequate access to
33-20 legal services from the attorney general, including:
33-21 (1) consultation about the daily operations of the
33-22 funeral commission, including complaint, inspection, and other
33-23 enforcement procedures; and
33-24 (2) legal interpretations regarding Chapter 651,
33-25 Occupations Code.
33-26 SECTION 2.04. PLAN. Not later than December 1, 2001, the
33-27 funeral commission shall develop a plan that details the manner in
34-1 which it will implement the requirements of Sections 2.02 and 2.03
34-2 of this article. The plan must include:
34-3 (1) a priority for each required task;
34-4 (2) the identity of any solutions that may be quickly
34-5 implemented;
34-6 (3) a cost estimate; and
34-7 (4) a schedule for task completion.
34-8 SECTION 2.05. STATUS REPORTS. The funeral commission shall
34-9 report once each quarter on the status of its efforts under
34-10 Sections 2.02, 2.03, and 2.04 of this article to:
34-11 (1) the Sunset Advisory Commission; and
34-12 (2) the task force.
34-13 SECTION 2.06. TASK FORCE. (a) A task force is created to:
34-14 (1) review the plan developed by the funeral
34-15 commission under Section 2.04 of this article; and
34-16 (2) monitor the funeral commission's implementation of
34-17 the changes recommended by the plan.
34-18 (b) The task force is composed of six members, appointed not
34-19 later than October 1, 2001, as follows:
34-20 (1) a representative from and appointed by each of the
34-21 following state officers or agencies:
34-22 (A) the attorney general;
34-23 (B) the comptroller of public accounts;
34-24 (C) the Department of Information Resources; and
34-25 (D) the state auditor;
34-26 (2) a consumer representative, appointed by the
34-27 comptroller of public accounts; and
35-1 (3) a representative of the funeral industry,
35-2 appointed by the comptroller of public accounts.
35-3 (c) The representative of the comptroller of public accounts
35-4 shall serve as the presiding officer of the task force.
35-5 (d) The task force shall meet at least once a month.
35-6 (e) The task force is abolished and this section expires
35-7 January 15, 2003.
35-8 SECTION 2.07. This article expires September 1, 2003.
35-9 ARTICLE 3. REPEALER; TRANSITION; EFFECTIVE DATE
35-10 SECTION 3.01. (a) Subsections (a) and (b), Section 651.305,
35-11 Section 651.354, and Subsection (i), Section 651.506, Occupations
35-12 Code, are repealed.
35-13 (b) Section 651.353, Occupations Code, is repealed effective
35-14 September 30, 2001.
35-15 SECTION 3.02. (a) In this section:
35-16 (1) "Funeral commission" means the Texas Funeral
35-17 Service Commission.
35-18 (2) "Sunset commission" means the Sunset Advisory
35-19 Commission.
35-20 (b) In performing its duties under Section 651.002,
35-21 Occupations Code, as amended by this Act, and Chapter 325,
35-22 Government Code (Texas Sunset Act), the sunset commission may limit
35-23 the scope of its review of the funeral commission.
35-24 (c) As part of the review, the sunset commission shall
35-25 determine how much progress the funeral commission has made in
35-26 addressing and implementing solutions required by this Act,
35-27 including solutions regarding:
36-1 (1) information resources and legal services issues
36-2 under Article 2 of this Act;
36-3 (2) formal rules outlining an open and fair complaint
36-4 system;
36-5 (3) clearer guidelines to ensure a more effective use
36-6 of penalties;
36-7 (4) a risk-based approach to scheduling inspections;
36-8 and
36-9 (5) any other analyses that it determines are
36-10 appropriate.
36-11 (d) Not later than September 1, 2002, the funeral commission
36-12 shall report to the sunset commission on the status of its progress
36-13 under this Act.
36-14 (e) If the sunset commission determines that the funeral
36-15 commission has not made substantial progress, the sunset commission
36-16 shall consider whether to recommend that the legislature abolish
36-17 the funeral commission and transfer its functions to the Texas
36-18 Department of Licensing and Regulation.
36-19 SECTION 3.03. Not later than March 1, 2002, the Texas
36-20 Funeral Service Commission shall adopt the rules required by
36-21 Subsection (b), Section 651.202, Occupations Code, as amended by
36-22 this Act. In adopting these rules, the commission shall examine,
36-23 and use as a guide, the rules adopted by the Board of Nurse
36-24 Examiners relating to complaint investigation, disposition, and
36-25 related proceedings.
36-26 SECTION 3.04. Not later than March 1, 2002, the Texas
36-27 Funeral Service Commission shall adopt the rules required by
37-1 Section 651.5515, Occupations Code, as added by this Act.
37-2 SECTION 3.05. (a) The Texas Funeral Service Commission
37-3 shall study the risk-based assessment methods used by the Texas
37-4 Department of Health and the Texas Department of Licensing and
37-5 Regulation in conducting inspections required by law.
37-6 (b) Based on the study conducted under Subsection (a) of
37-7 this section, not later than March 1, 2002, the Texas Funeral
37-8 Service Commission shall adopt the rules required by Subdivision
37-9 (2), Subsection (d), Section 651.157, Occupations Code, as added by
37-10 this Act.
37-11 SECTION 3.06. (a) Not later than November 1, 2001, the
37-12 governor shall appoint the additional member of the Texas Funeral
37-13 Service Commission required under Subdivision (2), Subsection (a),
37-14 Section 651.051, Occupations Code, as amended by this Act.
37-15 (b) The changes in law made by this Act in the
37-16 qualifications of, and the prohibitions applying to, the members of
37-17 the Texas Funeral Service Commission do not affect the entitlement
37-18 of a person serving as a member of the commission immediately
37-19 before September 1, 2001, to continue to carry out the functions of
37-20 the person's office for the remainder of the person's term. The
37-21 changes in law apply only to a person appointed on or after
37-22 September 1, 2001. This Act does not prohibit a person who is a
37-23 member of the Texas Funeral Service Commission immediately before
37-24 September 1, 2001, from being reappointed as a commission member if
37-25 the person has the qualifications required for the position under
37-26 Subchapter B, Chapter 651, Occupations Code, as amended by this
37-27 Act.
38-1 SECTION 3.07. (a) In accordance with Subsection (c),
38-2 Section 311.031, Government Code, which gives effect to a
38-3 substantive amendment enacted by the same legislature that codifies
38-4 the amended statute, the text of the following gives effect to
38-5 certain changes made by Chapters 1201 and 1476, Acts of the 76th
38-6 Legislature, Regular Session, 1999, as follows:
38-7 (1) Section 651.002, Occupations Code, as set out in
38-8 Section 1.04 of this Act, gives effect to changes made by Section
38-9 1, Chapter 1201;
38-10 (2) Subsection (a), Section 651.051, Occupations Code,
38-11 as set out in Section 1.05 of this Act, gives effect to changes
38-12 made by Section 2, Chapter 1476; and
38-13 (3) Section 651.053, Occupations Code, as set out in
38-14 Section 1.08 of this Act, gives effect to changes made by Sections
38-15 5 and 6, Chapter 1476.
38-16 (b) To the extent of any conflict, this Act prevails over
38-17 another Act of the 77th Legislature, Regular Session, 2001,
38-18 relating to nonsubstantive additions to and corrections in enacted
38-19 codes.
38-20 SECTION 3.08. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3067 was passed by the House on April
30, 2001, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 3067 on May 21, 2001, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3067 was passed by the Senate, with
amendments, on May 17, 2001, by the following vote: Yeas 30, Nays
0, 1 present, not voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor