By Chisum H.B. No. 3067
77R1063 MXM-D
A BILL TO BE ENTITLED
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. Section 651.051(a), Occupations Code, is
6-14 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) three [two] members who are licensed as both an
6-19 embalmer and a funeral director[in this state] for at least the
6-20 five years preceding appointment to the commission; and
6-21 (2) four members who represent the public and who:
6-22 (A) are not regulated under this chapter; and
6-23 (B) have consistently shown an interest in
6-24 supporting consumer protection.
6-25 SECTION 1.06. Subchapter B, Chapter 651, Occupations Code,
6-26 is amended by adding Sections 651.0511 and 651.0512 to read as
6-27 follows:
7-1 Sec. 651.0511. TRAINING. (a) A person who is appointed to
7-2 and qualifies for office as a member of the commission may not
7-3 vote, deliberate, or be counted as a member in attendance at a
7-4 meeting of the commission until the person completes a training
7-5 program that complies with this section.
7-6 (b) The training program must provide the person with
7-7 information regarding:
7-8 (1) this chapter;
7-9 (2) the programs operated by the commission;
7-10 (3) the role and functions of the commission;
7-11 (4) the rules of the commission, with an emphasis on
7-12 the rules that relate to disciplinary and investigatory authority;
7-13 (5) the current budget for the commission;
7-14 (6) the results of the most recent formal audit of the
7-15 commission;
7-16 (7) the requirements of:
7-17 (A) the open meetings law, Chapter 551,
7-18 Government Code;
7-19 (B) the public information law, Chapter 552,
7-20 Government Code;
7-21 (C) the administrative procedure law, Chapter
7-22 2001, Government Code; and
7-23 (D) other laws relating to public officials,
7-24 including conflict-of-interest laws; and
7-25 (8) any applicable ethics policies adopted by the
7-26 commission or the Texas Ethics Commission.
7-27 (c) A person appointed to the commission is entitled to
8-1 reimbursement, as provided by the General Appropriations Act, for
8-2 the travel expenses incurred in attending the training program
8-3 regardless of whether the attendance at the program occurs before
8-4 or after the person qualifies for office.
8-5 Sec. 651.0512. TRAINING FOR EMPLOYEES ON STATE INCENTIVE
8-6 PROGRAM. The executive director or the executive director's
8-7 designee shall provide to commission employees information and
8-8 training on the benefits and methods of participation in the state
8-9 employee incentive program under Subchapter B, Chapter 2108,
8-10 Government Code.
8-11 SECTION 1.07. Section 651.052, Occupations Code, is amended
8-12 to read as follows:
8-13 Sec. 651.052. ELIGIBILITY OF PUBLIC MEMBERS. (a) A person
8-14 may not be [is not eligible for appointment as] a public member of
8-15 the commission if the person or the person's spouse:
8-16 (1) is registered, certified, or licensed by a [an
8-17 occupational] regulatory agency in the funeral service industry
8-18 [field of funeral services];
8-19 (2) is employed by or participates in the management
8-20 of a business entity or other organization regulated by or
8-21 receiving money from the commission [or receiving funds from the
8-22 commission];
8-23 (3) owns or controls, directly or indirectly, more
8-24 than a 10 percent [any] interest in a business entity or other
8-25 organization regulated by or receiving money from the commission
8-26 [or receiving funds from the commission]; or
8-27 (4) uses or receives a substantial amount of tangible
9-1 goods, services, or money [funds] from the commission, other than
9-2 compensation or reimbursement authorized by law for commission
9-3 membership, attendance, or expenses.
9-4 (b) A public member of the commission may not, except as a
9-5 consumer:
9-6 (1) have a financial interest in a funeral
9-7 establishment; or
9-8 (2) be related to a person within the second degree by
9-9 affinity or third degree by consanguinity, as determined under
9-10 Subchapter B, Chapter 573, Government Code, who has a financial
9-11 interest in a funeral establishment.
9-12 SECTION 1.08. Section 651.053, Occupations Code, is amended
9-13 to read as follows:
9-14 Sec. 651.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In
9-15 this section, "Texas trade association" means a [nonprofit,]
9-16 cooperative[,] and voluntarily joined association of business or
9-17 professional competitors in this state designed to assist its
9-18 members and its industry or profession in dealing with mutual
9-19 business or professional problems and in promoting their common
9-20 interest.
9-21 (b) A person may not be a member of the commission and may
9-22 not be a commission employee employed in a "bona fide executive,
9-23 administrative, or professional capacity," as that phrase is used
9-24 for purposes of establishing an exemption to the overtime
9-25 provisions of the federal Fair Labor Standards Act of 1938 (29
9-26 U.S.C. Section 201 et seq.), and its subsequent amendments, if:
9-27 (1) the person is an officer, employee, or paid
10-1 consultant of a Texas trade association in the funeral service
10-2 industry; or
10-3 (2) the person's spouse is an officer, manager, or
10-4 paid consultant of a Texas trade association in the funeral service
10-5 industry. [A commissioner or an employee of the commission who
10-6 carries out the functions of the commission may not be related
10-7 within the second degree by affinity or within the third degree by
10-8 consanguinity, as determined under Subchapter B, Chapter 573,
10-9 Government Code, to a person who is an officer, employee, or paid
10-10 consultant of a trade association in the funeral industry.]
10-11 (c) [An officer, employee, or paid consultant of a Texas
10-12 trade association in the field of funeral services may not be a
10-13 commission member and may not be an employee who is exempt from the
10-14 state's position classification plan or is compensated at or above
10-15 the amount prescribed by the General Appropriations Act for step 1,
10-16 salary group A17, of the position classification salary schedule.]
10-17 [(d) A person who is the spouse of an officer, manager, or
10-18 paid consultant of a Texas trade association in the field of
10-19 funeral services may not be a member of the commission and may not
10-20 be an employee of the commission who is exempt from the state's
10-21 position classification plan or is compensated at or above the
10-22 amount prescribed by the General Appropriations Act for step 1,
10-23 salary group A17, of the position classification salary schedule.]
10-24 [(e) A person may not be appointed to the commission if:]
10-25 [(1) the person is an officer or employee of a
10-26 corporation or other business entity directly or indirectly
10-27 controlling or operating more than three funeral establishments;
11-1 and]
11-2 [(2) a member of the commission is an officer or
11-3 employee of the same corporation or entity.]
11-4 [(f) A violation of Subsection (e) that occurs after a
11-5 member is appointed constitutes a vacancy of each of those members'
11-6 positions, as of the date of the completion of the merger or other
11-7 agreement. The vacancy shall be filled by the governor as soon as
11-8 practicable. A member appointed to fill a vacancy under this
11-9 subsection serves for the remainder of the vacated term.]
11-10 [(g)] A person may not be [serve as] a member of the
11-11 commission or act as the general counsel if the person is required
11-12 to register as a lobbyist under Chapter 305, Government Code,
11-13 because of the person's activities for compensation on behalf of a
11-14 profession related to the operation of the commission.
11-15 SECTION 1.09. Section 651.104, Occupations Code, is amended
11-16 to read as follows:
11-17 Sec. 651.104. DIVISION OF RESPONSIBILITIES. The commission
11-18 shall develop and implement policies that clearly separate [define]
11-19 the policy-making responsibilities of the commission and the
11-20 management responsibilities of the executive director and staff of
11-21 the commission.
11-22 SECTION 1.10. Section 651.107, Occupations Code, is amended
11-23 to read as follows:
11-24 Sec. 651.107. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT.
11-25 (a) The executive director or the executive director's designee
11-26 shall prepare and maintain a written policy statement that
11-27 implements a program [to ensure implementation] of [an] equal
12-1 employment opportunity to ensure that [program under which] all
12-2 personnel decisions [transactions] are made without regard to race,
12-3 color, disability, sex, religion, age, or national origin.
12-4 (b) The policy statement must include:
12-5 (1) personnel policies, including policies relating to
12-6 recruitment, evaluation, selection, [appointment,] training, and
12-7 promotion of personnel, that show the intent of the commission to
12-8 avoid the unlawful employment practices described by Chapter 21,
12-9 Labor Code; and
12-10 (2) an [a comprehensive] analysis of the extent to
12-11 which the composition of the commission's personnel is in
12-12 accordance with [commission workforce that meets] federal and state
12-13 law and a description of [guidelines;]
12-14 [(3) procedures by which a determination can be made
12-15 of significant underuse in the commission workforce of all persons
12-16 for whom federal or state guidelines encourage a more equitable
12-17 balance; and]
12-18 [(4)] reasonable methods to achieve compliance with
12-19 federal and state law [appropriately address those areas of
12-20 significant underuse].
12-21 (c) The [(b) A] policy statement [prepared under
12-22 Subsection (a)] must:
12-23 (1) [cover an annual period,] be updated at least
12-24 annually;
12-25 (2) be reviewed by the state Commission on Human
12-26 Rights for compliance with Subsection (b)(1);[,] and
12-27 (3) be filed with the governor's office [governor].
13-1 [(c) The governor shall deliver a biennial report to the
13-2 legislature based on the information received under Subsection (b).
13-3 The report may be made separately or as a part of other biennial
13-4 reports made to the legislature.]
13-5 SECTION 1.11. Section 651.157, Occupations Code, is amended
13-6 to read as follows:
13-7 Sec. 651.157. INSPECTION OF FUNERAL ESTABLISHMENT.
13-8 (a) Except as provided by Subsection (b), a [Each] licensed
13-9 funeral establishment shall be inspected at least once every two
13-10 years [annually] by an agent of the commission or by an agent of
13-11 the state or a political subdivision authorized by the commission
13-12 to make inspections on its behalf.
13-13 (b) If the commission finds a violation of this chapter or
13-14 of Chapter 193 or 361, Health and Safety Code, the commission shall
13-15 inspect the establishment annually until the commission determines
13-16 that the establishment is free of violations.
13-17 (c) A report of each [the annual] inspection made under this
13-18 section shall be filed with the commission.
13-19 (d) The commission by rule shall establish:
13-20 (1) procedures for the inspection of a funeral
13-21 establishment required by this section; and
13-22 (2) criteria, including consideration of the
13-23 establishment's inspection and complaint history, regarding when
13-24 the commission should inspect an establishment based on the risk of
13-25 a violation at an establishment.
13-26 (e) [(b)] A premises on which funeral directing or embalming
13-27 is practiced shall be open at all times to inspection for any
14-1 violation of this chapter or of Chapter 193 or 361, Health and
14-2 Safety Code, by:
14-3 (1) an agent of the commission;
14-4 (2) an authorized agent of the state; or
14-5 (3) an authorized agent of the county or municipality
14-6 in which the premises is located.
14-7 (f) [(c)] Before a commission agent inspects a funeral
14-8 establishment, the agent shall review the inspection reports filed
14-9 with the commission on the establishment. During the inspection,
14-10 the agent shall determine whether previously identified problems
14-11 have been corrected and whether a pattern of violations exists.
14-12 The commission shall consider the information from the inspection
14-13 reports in determining whether a penalty should be imposed against
14-14 an establishment.
14-15 SECTION 1.12. Subchapter D, Chapter 651, Occupations Code,
14-16 is amended by adding Section 651.1575 to read as follows:
14-17 Sec. 651.1575. INSPECTION OF CEMETERY OR CREMATORY. (a) The
14-18 commission may inspect a cemetery or crematory only if the
14-19 commission receives a complaint about that facility under Section
14-20 651.202.
14-21 (b) A report of an inspection made under this section shall
14-22 be filed with the commission.
14-23 (c) The commission by rule shall establish procedures for
14-24 the inspection of a cemetery or crematory required by this section.
14-25 SECTION 1.13. Section 651.202, Occupations Code, is amended
14-26 to read as follows:
14-27 Sec. 651.202. COMPLAINTS. (a) The commission by rule shall
15-1 establish methods by which consumers and service recipients are
15-2 notified of the name, mailing address, and telephone number of the
15-3 commission for the purpose of directing complaints to the
15-4 commission. The commission may provide for that notice:
15-5 (1) on each license or registration form, application,
15-6 or written contract for services of a person regulated under this
15-7 chapter;
15-8 (2) on a sign prominently displayed in the place of
15-9 business of each person regulated under this chapter; or
15-10 (3) in a bill for service provided by a person
15-11 regulated under this chapter.
15-12 (b) The commission shall adopt rules concerning a complaint
15-13 filed under this section. The rules adopted under this subsection
15-14 must:
15-15 (1) establish procedures regarding the receipt,
15-16 investigation, and disposition of complaints;
15-17 (2) allow for an informal hearing process;
15-18 (3) establish a formal hearing process;
15-19 (4) ensure that the person who filed the complaint has
15-20 an opportunity to explain the allegations made in the complaint;
15-21 (5) ensure that the license holder or registrant who
15-22 is the subject of the complaint has an opportunity to be heard
15-23 regarding the complaint; and
15-24 (6) establish procedures by which a commission
15-25 employee may dismiss a complaint, subject to approval by the
15-26 executive director or the executive director's designee, if the
15-27 investigation does not reveal a violation.
16-1 (c) The commission shall investigate each complaint received
16-2 by the commission relating to a funeral director, embalmer,
16-3 provisional license holder, [or] funeral establishment, or other
16-4 person licensed or registered under this chapter.
16-5 (d) The commission shall provide to the person filing the
16-6 complaint and to each person who is a subject of the complaint a
16-7 copy of the commission's policies and procedures relating to
16-8 complaint investigation and resolution, including [(c) If a person
16-9 files a complaint with the commission relating to a funeral
16-10 director, embalmer, provisional license holder, or licensed funeral
16-11 establishment, the commission shall furnish to the person] an
16-12 explanation of the remedies that are available to the person under
16-13 this chapter and information about other appropriate state or local
16-14 agencies or officials with which the person may file a complaint.
16-15 (e) The [(d) If a written complaint is filed with the
16-16 commission that the commission has authority to resolve, the]
16-17 commission, at least quarterly until final disposition of the
16-18 complaint [and on final disposition of the complaint], shall notify
16-19 the person filing [parties to] the complaint and each person who is
16-20 a subject of the complaint of the status of the investigation
16-21 [complaint] unless the notice would jeopardize an undercover
16-22 investigation.
16-23 (f) [(e)] The person who filed the complaint [complainant]
16-24 is entitled to attend any proceeding resulting from the complaint.
16-25 SECTION 1.14. Section 651.203(a), Occupations Code, is
16-26 amended to read as follows:
16-27 (a) The commission shall maintain a [keep an information]
17-1 file on each written [about each] complaint filed with the
17-2 commission [that the commission has authority to resolve]. The
17-3 file must [commission shall] include [in each information file]:
17-4 (1) the subject matter [a description] of the
17-5 complaint;
17-6 (2) the date the complaint is received by the
17-7 commission [filed];
17-8 (3) the name of the person who filed the complaint
17-9 [complainant];
17-10 (4) the name of each person contacted in relation to
17-11 the complaint;
17-12 (5) a summary of the results of the review or
17-13 investigation of the complaint; and
17-14 (6) an explanation of the reason the file was closed,
17-15 if the commission closed the file without taking action other than
17-16 to investigate the complaint [a description of any information
17-17 obtained by the commission after investigating the complaint;]
17-18 [(5) a description of and the date of any formal
17-19 action taken by the commission relating to the complaint;]
17-20 [(6) a description of the current status of the
17-21 complaint; and]
17-22 [(7) any other information the commission considers
17-23 appropriate].
17-24 SECTION 1.15. Section 651.254, Occupations Code, is amended
17-25 to read as follows:
17-26 Sec. 651.254. LICENSE EXAMINATIONS; RESULTS. (a) The
17-27 examinations for a funeral director's license and an embalmer's
18-1 license shall be held at least annually. The examinations shall be
18-2 given at the time and place designated by the commission. The
18-3 commission shall give notice of the examinations.
18-4 (b) Not later than the 30th day after the date a person
18-5 takes a [on which a funeral director's or embalmer's] licensing
18-6 examination [is administered] under this chapter, the commission
18-7 shall notify the person [each examinee] of the results of the
18-8 examination.
18-9 (c) If the [an] examination is graded or reviewed by a
18-10 [national] testing service:
18-11 (1) [,] the commission shall notify the person [each
18-12 examinee] of the results of the examination not later than the 14th
18-13 day after the date [on which] the commission receives the results
18-14 from the testing service; and
18-15 (2) if[.]
18-16 [(c) If the] notice of the examination results [graded or
18-17 reviewed by a national testing service] will be delayed for longer
18-18 than 90 days after the examination date, the commission shall
18-19 notify the person [examinee] of the reason for the delay before the
18-20 90th day.
18-21 (d) The commission may require a testing service to notify a
18-22 person of the results of the person's examination.
18-23 (e) If requested in writing by a person who fails a
18-24 licensing examination administered under this chapter, the
18-25 commission shall furnish the person with an analysis of the
18-26 person's performance on the examination.
18-27 [(e) Notice of the time and place of an examination must be
19-1 filed with the Texas Register at least seven days before the
19-2 examination.]
19-3 SECTION 1.16. Subchapter F, Chapter 651, Occupations Code,
19-4 is amended by adding Section 651.2595 to read as follows:
19-5 Sec. 651.2595. PROVISIONAL LICENSE. (a) The commission may
19-6 issue a provisional license to an applicant currently licensed in
19-7 another jurisdiction who seeks a license in this state and who:
19-8 (1) has been licensed in good standing as a funeral
19-9 director or embalmer for at least two years in another
19-10 jurisdiction, including a foreign country, that has licensing
19-11 requirements substantially equivalent to the requirements of this
19-12 chapter;
19-13 (2) has passed a national or other examination
19-14 recognized by the commission relating to the practice of funeral
19-15 director or embalmer; and
19-16 (3) is sponsored by a person licensed by the
19-17 commission under this chapter with whom the provisional license
19-18 holder will practice during the time the person holds a provisional
19-19 license.
19-20 (b) The commission may waive the requirement of Subsection
19-21 (a)(3) for an applicant if the commission determines that
19-22 compliance with that subsection would be a hardship to the
19-23 applicant.
19-24 (c) A provisional license is valid until the date the
19-25 commission approves or denies the provisional license holder's
19-26 application for a license. The commission shall issue a license
19-27 under this chapter to the provisional license holder if:
20-1 (1) the provisional license holder is eligible to be
20-2 licensed under Section 651.259; or
20-3 (2) the provisional license holder:
20-4 (A) passes the part of the examination under
20-5 Subsection (a) that relates to the applicant's knowledge and
20-6 understanding of the laws and rules relating to the practice of
20-7 funeral directing or embalming in this state;
20-8 (B) meets the academic and experience
20-9 requirements for a license under this chapter; and
20-10 (C) satisfies any other licensing requirements
20-11 under this chapter.
20-12 (d) The commission shall approve or deny a provisional
20-13 license holder's application for a license not later than the 180th
20-14 day after the date the provisional license is issued. The
20-15 commission may extend the 180-day period if the results of an
20-16 examination have not been received by the commission before the end
20-17 of that period.
20-18 (e) The commission may establish a fee for provisional
20-19 licenses in an amount reasonable and necessary to cover the cost of
20-20 issuing the license.
20-21 SECTION 1.17. Section 651.262, Occupations Code, is
20-22 transferred to Subchapter D, Chapter 651, Occupations Code,
20-23 redesignated as Section 651.164, Occupations Code, and amended to
20-24 read as follows:
20-25 Sec. 651.164. [Sec. 651.262.] LICENSE OR REGISTRATION
20-26 EXPIRATION. The commission by rule may adopt a system under which
20-27 [funeral director's and embalmer's] licenses or registrations
21-1 expire on various dates during the year. [The commission shall
21-2 adjust dates for sending notice regarding payment of fees and
21-3 license suspension for nonpayment according to the system, if any,
21-4 adopted under this subsection.] For the [a] year in which the
21-5 license or registration expiration date is changed, the commission
21-6 shall prorate license or registration fees [are prorated] on a
21-7 monthly basis so that each license holder or registrant pays only
21-8 that portion of the license or registration fee that is allocable
21-9 to the number of months during which the license or registration is
21-10 valid. On renewal of the license or registration on the new
21-11 expiration date, the total license or registration renewal fee is
21-12 payable.
21-13 SECTION 1.18. Section 651.263, Occupations Code, is
21-14 transferred to Subchapter D, Chapter 651, Occupations Code,
21-15 redesignated as Section 651.165, Occupations Code, and amended to
21-16 read as follows:
21-17 Sec. 651.165 [651.263]. RENEWAL OR REINSTATEMENT OF LICENSE.
21-18 (a) A person who is otherwise eligible to renew a license may
21-19 renew an unexpired license by paying the required renewal fee to
21-20 the commission before the expiration date of the license. A person
21-21 whose license has expired may not engage in activities that require
21-22 a license until the license has been renewed.
21-23 (b) A person whose license has been expired for 90 days or
21-24 less may renew the license by paying to the commission a [the
21-25 required] renewal fee that is [and a penalty fee] equal to 1-1/2
21-26 times the normally required [one-half the amount of the] renewal
21-27 fee [for the license].
22-1 (c) A person whose license [If a person's license] has been
22-2 expired for more than 90 days but less than one year [five years,
22-3 the person] may renew the license by paying to the commission a
22-4 [all unpaid] renewal [fees and a penalty] fee that is equal to two
22-5 times the normally required [one-half of the total amount of the
22-6 unpaid] renewal fee [fees].
22-7 (d) A person whose [(c) If a person's] license has been
22-8 expired for one year or more [five years or longer, the person] may
22-9 not renew the license. The person may obtain a new license by
22-10 [submitting to reexamination and] complying with the requirements
22-11 and procedures, including the examination requirements, for
22-12 obtaining an original license.
22-13 (e) A person who was licensed in this state, moved to
22-14 another state, and is currently licensed and has been in practice
22-15 in the other state for the two years preceding the date of
22-16 application may obtain a new license without reexamination. The
22-17 person must pay to the commission a fee that is equal to two times
22-18 the normally required renewal fee for the license.
22-19 (f) [(d)] At least 30 days before the expiration of a
22-20 person's license, the commission shall send written notice of the
22-21 impending license expiration to the person at the person's last
22-22 known address according to the records of the commission.
22-23 SECTION 1.19. Section 651.266, Occupations Code, is amended
22-24 to read as follows:
22-25 Sec. 651.266. CONTINUING EDUCATION. The commission by rule
22-26 may require continuing education as a condition for license renewal
22-27 except for a license holder described by Section 651.155 or an
23-1 applicant for renewal described by [Section 651.155 or] Section
23-2 651.265. If the commission requires continuing education, the
23-3 commission shall require completion of a minimum number of hours of
23-4 ethics training as a required part of that education.
23-5 SECTION 1.20. The heading to Section 651.405, Occupations
23-6 Code, is amended to read as follows:
23-7 Sec. 651.405. RETAIL PRICE LIST; FUNERAL ESTABLISHMENT.
23-8 SECTION 1.21. Subchapter I, Chapter 651, Occupations Code,
23-9 is amended by adding Section 651.4055 to read as follows:
23-10 Sec. 651.4055. RETAIL PRICE LIST; CEMETERY OR CREMATORY.
23-11 (a) In this section, "retail price list" means a printed or
23-12 typewritten list of the retail price of items or services provided
23-13 by a cemetery or crematory.
23-14 (b) A retail price list must contain:
23-15 (1) the name, address, and telephone number of the
23-16 cemetery or crematory;
23-17 (2) the effective date for the stated prices;
23-18 (3) notice required by Subsection (c); and
23-19 (4) any other items that the commission may by rule
23-20 require.
23-21 (c) The retail price list must contain the following printed
23-22 notice: "The goods and services shown below are those we can
23-23 provide to our customers. You may choose only the items you
23-24 desire. If legal or other requirements mean you must buy any items
23-25 you did not specifically ask for, we will explain the reason in
23-26 writing on the statement we provide describing the goods and
23-27 services you selected."
24-1 SECTION 1.22. The heading to Section 651.406, Occupations
24-2 Code, is amended to read as follows:
24-3 Sec. 651.406. PURCHASE AGREEMENT; FUNERAL ESTABLISHMENT.
24-4 SECTION 1.23. Subchapter I, Chapter 651, Occupations Code,
24-5 is amended by adding Section 651.4065 to read as follows:
24-6 Sec. 651.4065. PURCHASE AGREEMENT; CEMETERY OR CREMATORY.
24-7 (a) A purchase agreement must state:
24-8 (1) the name, address, and telephone number of the
24-9 cemetery or crematory;
24-10 (2) the amount paid or owed to another person by the
24-11 cemetery or crematory on behalf of the customer and each fee
24-12 charged the customer for the cost of advancing funds or becoming
24-13 indebted to another person on behalf of the customer;
24-14 (3) the printed notice required by Subsection (b);
24-15 (4) the name, mailing address, and telephone number of
24-16 the commission;
24-17 (5) a statement that complaints may be directed to the
24-18 commission; and
24-19 (6) any other items that the commission may by rule
24-20 require.
24-21 (b) The purchase agreement must contain the following
24-22 printed notice: "Charges are only for those items that you
24-23 selected or that are required. If we are required by law to use
24-24 any items, we will explain the reasons in writing below."
24-25 (c) The registrant for the cemetery or crematory shall sign
24-26 the purchase agreement.
24-27 (d) If the customer selects a package arrangement based on
25-1 unit pricing, the itemization requirement is satisfied by providing
25-2 a purchase agreement that itemizes the discount provided by the
25-3 package arrangement.
25-4 SECTION 1.24. Subchapter I, Chapter 651, Occupations Code,
25-5 is amended by adding Section 651.408 to read as follows:
25-6 Sec. 651.408. USE OF CEMETERY AND CREMATORY SERVICES. The
25-7 fact that a funeral director contracts for cemetery or crematory
25-8 services, including as part of a package arrangement, does not
25-9 limit the director's liability to the customer for those services.
25-10 SECTION 1.25. Section 651.451, Occupations Code, is amended
25-11 to read as follows:
25-12 Sec. 651.451. CERTAIN FRAUDULENT AND DECEPTIVE ACTS. A
25-13 person violates this chapter if the person:
25-14 (1) presents to the commission a license, certificate,
25-15 registration, or diploma that was illegally or fraudulently
25-16 obtained;
25-17 (2) uses fraud or deception in passing the
25-18 examination, including impersonating or acting as a proxy for
25-19 another person in the examination;
25-20 (3) purchases, sells, barters, or uses, or offers to
25-21 purchase, sell, barter, or use, a license, registration,
25-22 certificate, or transcript of a license, registration, or
25-23 certificate in or incident to an application to the commission for
25-24 a license or registration issued under this chapter [to practice as
25-25 a funeral director or embalmer];
25-26 (4) alters, with fraudulent intent, a [funeral
25-27 director's or embalmer's] license, registration, or certificate
26-1 issued under this chapter or a transcript of a license,
26-2 registration, or certificate;
26-3 (5) uses a [funeral director's or embalmer's] license,
26-4 registration, certificate, or diploma issued under this chapter or
26-5 a transcript of a [funeral director's or embalmer's] license,
26-6 registration, certificate, or diploma that has been fraudulently
26-7 purchased, issued, counterfeited, or materially altered;
26-8 (6) impersonates a funeral director, [or] embalmer, or
26-9 other person regulated under this chapter;
26-10 (7) permits another to use the person's license or
26-11 registration to perform an activity regulated under this chapter
26-12 [practice as a funeral director or embalmer in this state]; or
26-13 (8) presents false certification of work done as a
26-14 provisional license holder.
26-15 SECTION 1.26. Section 651.452, Occupations Code, is amended
26-16 to read as follows:
26-17 Sec. 651.452. LACK OF FITNESS TO PRACTICE. A person violates
26-18 this chapter if the person is:
26-19 (1) convicted of:
26-20 (A) a misdemeanor related to the practice of
26-21 embalming, [or] funeral directing, or another activity regulated
26-22 under this chapter; or
26-23 (B) a felony;
26-24 (2) unfit to practice as a funeral director or
26-25 embalmer because of insanity and determined by a court to be of
26-26 unsound mind; or
26-27 (3) unfit to practice because of current substance
27-1 abuse.
27-2 SECTION 1.27. Section 651.455, Occupations Code, is amended
27-3 to read as follows:
27-4 Sec. 651.455. FALSE OR MISLEADING STATEMENTS REGARDING
27-5 FUNERAL MERCHANDISE OR FUNERAL, CEMETERY, OR CREMATORY SERVICES.
27-6 (a) A person violates this chapter if the person uses a statement
27-7 that misleads or deceives the public, including a false or
27-8 misleading statement regarding:
27-9 (1) a legal, religious, or cemetery requirement for
27-10 funeral merchandise or funeral, cemetery, or crematory services;
27-11 (2) the preservative qualities of funeral merchandise
27-12 or funeral, cemetery, or crematory services in preventing or
27-13 substantially delaying natural decomposition of human remains;
27-14 (3) the airtight or watertight properties of a casket
27-15 or outer enclosure; or
27-16 (4) the licenses or registrations held by the
27-17 personnel in the operation of the cemetery, crematory, or funeral
27-18 establishment.
27-19 (b) This section does not apply to cemetery or crematory
27-20 services that occur after burial or inurnment.
27-21 SECTION 1.28. Subchapter K, Chapter 651, Occupations Code,
27-22 is amended by adding Section 651.5025 to read as follows:
27-23 Sec. 651.5025. IMMEDIATE LICENSE REVOCATION; EFFECT OF
27-24 CERTAIN FELONY CONVICTIONS. (a) The commission may revoke the
27-25 license of a license holder without a hearing if the commission
27-26 determines from the information presented to it that the license
27-27 holder has been convicted of a felony related to the practice of
28-1 embalming, funeral directing, or another activity regulated by the
28-2 commission under this chapter. The commission shall notify the
28-3 license holder if it decides to revoke the license.
28-4 (b) The license holder may appeal the decision by submitting
28-5 a written request for a hearing in accordance with this chapter and
28-6 Chapter 2001, Government Code, not later than the 30th day after
28-7 the date of the revocation.
28-8 SECTION 1.29. Subchapter L, Chapter 651, Occupations Code,
28-9 is amended by adding Section 651.5515 to read as follows:
28-10 Sec. 651.5515. PENALTY GUIDELINES. (a) The commission by
28-11 rule shall adopt guidelines that define and summarize the
28-12 violations that occur under this subchapter to assist the
28-13 commission in maintaining consistency in determining the amount of
28-14 an administrative penalty assessed under Section 651.552. Using
28-15 those guidelines and the summary, the commission shall establish
28-16 and maintain a chart that lists:
28-17 (1) the most common violations;
28-18 (2) the penalty amounts assessed for those violations;
28-19 and
28-20 (3) the factors used to grade each type of violation
28-21 before determining the penalty amount under Section 651.552.
28-22 (b) The commission shall consider using focus groups to
28-23 obtain business and consumer input to match appropriate penalties
28-24 to violations before proposing the rules under this section.
28-25 (c) The commission shall post the guidelines on the
28-26 commission's Internet site.
28-27 SECTION 1.30. Section 651.552, Occupations Code, is amended
29-1 to read as follows:
29-2 Sec. 651.552. AMOUNT OF PENALTY. (a) The amount of the
29-3 administrative penalty shall be not less than $100 or more than
29-4 $5,000 for each violation.
29-5 (b) In determining the amount of the penalty, the commission
29-6 shall base its decision on:
29-7 (1) the seriousness of the violation;
29-8 (2) the threat the violation poses to health and
29-9 safety;
29-10 (3) the history of previous violations;
29-11 (4) the amount necessary to deter a future violation;
29-12 (5) efforts made to correct the violation;
29-13 (6) the guidelines adopted under Section 651.5515; and
29-14 (7) any other matter that justice requires [employ
29-15 guidelines established by commission rule].
29-16 SECTION 1.31. Section 651.553(b), Occupations Code, is
29-17 amended to read as follows:
29-18 (b) Not later than the 10th day after the date the report is
29-19 issued, the commission shall send to the person charged with the
29-20 violation:
29-21 (1) a copy of the report;
29-22 (2) a statement of the right of the person to a
29-23 hearing relating to the alleged violation; [and]
29-24 (3) a statement of the amount of the penalty; and
29-25 (4) an explanation for any significant deviation from
29-26 the penalty amount assessed for similar violations.
29-27 SECTION 1.32. Chapter 651, Occupations Code, is amended by
30-1 adding Subchapter N to read as follows:
30-2 SUBCHAPTER N. REGISTRATION REQUIREMENTS:
30-3 CEMETERIES AND CREMATORIES
30-4 Sec. 651.651. DEFINITION. In this subchapter, "perpetual
30-5 care cemetery" means a person who notifies the Texas Department of
30-6 Banking of its intent to operate a perpetual care cemetery in this
30-7 state under Section 712.0031, Health and Safety Code.
30-8 Sec. 651.652. APPLICABILITY. (a) This subchapter applies
30-9 only to a cemetery or crematory that sells goods or services
30-10 related to the burial or final disposition of a body.
30-11 (b) This subchapter does not apply to the maintenance of a
30-12 cemetery or crematory, including maintenance of any goods or
30-13 services provided under Chapter 711 or 712, Health and Safety Code.
30-14 Sec. 651.653. CEMETERY OR CREMATORY REGISTRATION
30-15 REQUIREMENTS. (a) A person may not conduct a cemetery or crematory
30-16 business in this state unless an individual who is the owner or
30-17 operator of the cemetery or crematory registers with the
30-18 commission.
30-19 (b) A cemetery or crematory may be owned by a person who is
30-20 not registered under this chapter.
30-21 (c) To register, the individual must apply for a
30-22 registration and pay the registration fee. The commission shall
30-23 register the individual on determining that the individual
30-24 satisfies the requirements of this section.
30-25 (d) The individual must:
30-26 (1) explain the purpose of the cemetery or crematory
30-27 business;
31-1 (2) provide the address and other contact information
31-2 for the business; and
31-3 (3) identify the individual owner or operator who is
31-4 registering.
31-5 (e) The commission by rule shall establish the fee to
31-6 register under this subchapter. The fee must include the cost of
31-7 regulating registrants under this chapter, including discipline and
31-8 investigation of complaints.
31-9 Sec. 651.654. PERPETUAL CARE CEMETERIES. (a) On request by
31-10 the commission, the Texas Department of Banking shall provide the
31-11 commission a list of perpetual care cemeteries, including the
31-12 address and other contact information for each cemetery. The
31-13 commission shall annually register, under this subchapter, each
31-14 perpetual care cemetery on that list.
31-15 (b) A perpetual care cemetery is not required to pay a
31-16 registration fee under this subchapter.
31-17 Sec. 651.655. RENEWAL OF CEMETERY OR CREMATORY REGISTRATION.
31-18 (a) The commission shall mail written notice to a registrant of
31-19 the impending expiration of the registration not later than the
31-20 30th day before the expiration date of the registration. The
31-21 notice must state that:
31-22 (1) to renew the registration, the registrant must pay
31-23 the renewal fee not later than the date on which the registration
31-24 expires; and
31-25 (2) the registration is automatically renewed on
31-26 receipt of the renewal fee.
31-27 (b) A registrant who fails to pay the renewal fee by the due
32-1 date is subject to a late payment penalty equal to the amount
32-2 charged for the renewal fee.
32-3 (c) If the registration is expired for longer than 30 days,
32-4 the registrant may not renew the registration, and the cemetery or
32-5 crematory may not be operated, until the owner or operator
32-6 registers as provided by Section 651.653.
32-7 (d) This section does not apply to a perpetual care
32-8 cemetery.
32-9 SECTION 1.33. The heading to Subtitle L, Title 3,
32-10 Occupations Code, is amended to read as follows:
32-11 SUBTITLE L. CEMETERY AND CREMATORY SERVICES,
32-12 FUNERAL DIRECTING, AND EMBALMING
32-13 SECTION 1.34. The heading to Chapter 651, Occupations Code,
32-14 is amended to read as follows:
32-15 CHAPTER 651. CEMETERY AND CREMATORY SERVICES, FUNERAL DIRECTING,
32-16 AND EMBALMING
32-17 ARTICLE 2. INFORMATION AND LEGAL RESOURCES
32-18 SECTION 2.01. DEFINITIONS. In this article:
32-19 (1) "Funeral commission" means the Texas Funeral
32-20 Service Commission.
32-21 (2) "Task force" means the task force created under
32-22 Section 2.06 of this article.
32-23 SECTION 2.02. INFORMATION RESOURCES. (a) The funeral
32-24 commission shall contract with the Department of Information
32-25 Resources to improve the compilation of statistics and other
32-26 information using information resources. The contract must expire
32-27 before the fiscal year that begins September 1, 2003. In order to
33-1 meet this goal, the contract shall require the department to
33-2 analyze and implement changes to meet the technology needs of the
33-3 funeral commission regarding the compilation of information
33-4 necessary to effectively regulate the funeral industry.
33-5 (b) The statistics and other information compiled under
33-6 Subsection (a) of this section must include:
33-7 (1) data about complaints, licenses, registrations,
33-8 and sanctions, including the number of new individual versus dual
33-9 licenses issued;
33-10 (2) the number of complaints received that are outside
33-11 of the commission's jurisdictions;
33-12 (3) the average cost of complaints resolved;
33-13 (4) summaries of violations and actions taken; and
33-14 (5) any information necessary to help the attorney
33-15 general enforce delinquent child support orders among persons
33-16 licensed or registered by the commission.
33-17 SECTION 2.03. LEGAL RESOURCES. The funeral commission shall
33-18 contract with the attorney general to ensure adequate access to
33-19 legal services from the attorney general, including:
33-20 (1) consultation about the daily operations of the
33-21 funeral commission, including complaint, inspection, and other
33-22 enforcement procedures; and
33-23 (2) legal interpretations regarding Chapter 651,
33-24 Occupations Code.
33-25 SECTION 2.04. PLAN. Not later than December 1, 2001, the
33-26 funeral commission shall develop a plan that details the manner in
33-27 which it will implement the requirements of Sections 2.02 and 2.03
34-1 of this article. The plan must include:
34-2 (1) a priority for each required task;
34-3 (2) the identity of any solutions that may be quickly
34-4 implemented;
34-5 (3) a cost estimate; and
34-6 (4) a schedule for task completion.
34-7 SECTION 2.05. STATUS REPORTS. The funeral commission shall
34-8 report once each quarter on the status of its efforts under
34-9 Sections 2.02, 2.03, and 2.04 of this article to:
34-10 (1) the Sunset Advisory Commission; and
34-11 (2) the task force.
34-12 SECTION 2.06. TASK FORCE. (a) A task force is created to:
34-13 (1) review the plan developed by the funeral
34-14 commission under Section 2.04 of this article; and
34-15 (2) monitor the funeral commission's implementation of
34-16 the changes recommended by the plan.
34-17 (b) The task force is composed of six members, appointed not
34-18 later than October 1, 2001, as follows:
34-19 (1) a representative from and appointed by each of the
34-20 following state officers or agencies:
34-21 (A) the attorney general;
34-22 (B) the comptroller;
34-23 (C) the Department of Information Resources; and
34-24 (D) the state auditor;
34-25 (2) a consumer representative, appointed by the
34-26 comptroller; and
34-27 (3) a representative of the funeral industry,
35-1 appointed by the comptroller.
35-2 (c) The representative of the comptroller shall serve as the
35-3 presiding officer of the task force.
35-4 (d) The task force shall meet at least once a month.
35-5 (e) The task force is abolished and this section expires
35-6 January 15, 2003.
35-7 SECTION 2.07. This article expires September 1, 2003.
35-8 ARTICLE 3. REPEALER; TRANSITION; EFFECTIVE DATE
35-9 SECTION 3.01. (a) Sections 651.305(a) and (b), 651.354, and
35-10 651.506(i), Occupations Code, are repealed.
35-11 (b) Section 651.353, Occupations Code, is repealed effective
35-12 September 30, 2001.
35-13 SECTION 3.02. (a) In this section:
35-14 (1) "Funeral commission" means the Texas Funeral
35-15 Service Commission.
35-16 (2) "Sunset commission" means the Sunset Advisory
35-17 Commission.
35-18 (b) In performing its duties under Section 651.002,
35-19 Occupations Code, as amended by this Act, and Chapter 325,
35-20 Government Code (Texas Sunset Act), the sunset commission may limit
35-21 the scope of its review of the funeral commission.
35-22 (c) As part of the review, the sunset commission shall
35-23 determine how much progress the funeral commission has made in
35-24 addressing and implementing solutions required by this Act,
35-25 including solutions regarding:
35-26 (1) information resources and legal services issues
35-27 under Article 2 of this Act;
36-1 (2) formal rules outlining an open and fair complaint
36-2 system;
36-3 (3) clearer guidelines to ensure a more effective use
36-4 of penalties;
36-5 (4) a risk-based approach to scheduling inspections;
36-6 and
36-7 (5) any other analyses that it determines are
36-8 appropriate.
36-9 (d) Not later than September 1, 2002, the funeral commission
36-10 shall report to the Sunset Advisory Commission on the status of its
36-11 progress under this Act.
36-12 (e) If the sunset commission determines that the funeral
36-13 commission has not made substantial progress, the sunset commission
36-14 shall consider whether to recommend that the legislature abolish
36-15 the funeral commission and transfer its functions to the Texas
36-16 Department of Licensing and Regulation.
36-17 SECTION 3.03. Not later than March 1, 2002, the Texas
36-18 Funeral Service Commission shall adopt the rules required by
36-19 Section 651.202(b), Occupations Code, as amended by this Act. In
36-20 adopting these rules, the commission shall examine, and use as a
36-21 guide, the rules adopted by the Board of Nurse Examiners relating
36-22 to complaint investigation, disposition, and related proceedings.
36-23 SECTION 3.04. Not later than March 1, 2002, the Texas
36-24 Funeral Service Commission shall adopt the rules required by
36-25 Section 651.5515, Occupations Code, as added by this Act.
36-26 SECTION 3.05. (a) The Texas Funeral Service Commission shall
36-27 study the risk-based assessment methods used by the Texas
37-1 Department of Health and the Texas Department of Licensing and
37-2 Regulation in conducting inspections required by law.
37-3 (b) Based on the study conducted under Subsection (a) of
37-4 this section, not later than March 1, 2002, the Texas Funeral
37-5 Service Commission shall adopt the rules required by Section
37-6 651.157(d)(2), Occupations Code, as added by this Act.
37-7 SECTION 3.06. (a) Not later than November 1, 2001, the
37-8 governor shall appoint the additional member of the Texas Funeral
37-9 Service Commission required under Section 651.051(a)(1), as amended
37-10 by this Act.
37-11 (b) The changes in law made by this Act in the
37-12 qualifications of, and the prohibitions applying to, the members of
37-13 the Texas Funeral Service Commission do not affect the entitlement
37-14 of a person serving as a member of the commission immediately
37-15 before September 1, 2001, to continue to carry out the functions of
37-16 the person's office for the remainder of the person's term. The
37-17 changes in law apply only to a person appointed on or after
37-18 September 1, 2001. This Act does not prohibit a person who is a
37-19 member of the Texas Funeral Service Commission immediately before
37-20 September 1, 2001, from being reappointed as a commission member if
37-21 the person has the qualifications required for the position under
37-22 Subchapter B, Chapter 651, Occupations Code, as amended by this
37-23 Act.
37-24 SECTION 3.07. (a) In accordance with Section 311.031(c),
37-25 Government Code, which gives effect to a substantive amendment
37-26 enacted by the same legislature that codifies the amended statute,
37-27 the text of the following gives effect to changes made by Chapter
38-1 1587, Acts of the 76th Legislature, Regular Session, 1999:
38-2 (1) Section 651.002, Occupations Code, as set out in
38-3 Section 1.04 of this Act;
38-4 (2) Section 651.051(a), Occupations Code, as set out
38-5 in Section 1.05 of this Act; and
38-6 (3) Section 651.053, Occupations Code, as set out in
38-7 Section 1.08 of this Act.
38-8 (b) To the extent of any conflict, this Act prevails over
38-9 another Act of the 77th Legislature, Regular Session, 2001,
38-10 relating to nonsubstantive additions to and corrections in enacted
38-11 codes.
38-12 SECTION 3.08. This Act takes effect September 1, 2001.