1-1 By: Chisum, et al. (Senate Sponsor - Zaffirini) H.B. No. 3067
1-2 (In the Senate - Received from the House May 1, 2001;
1-3 May 2, 2001, read first time and referred to Committee on State
1-4 Affairs; May 10, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 0; May 10, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 3067 By: Shapiro
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the continuation and functions of the Texas Funeral
1-11 Service Commission.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 ARTICLE 1. TEXAS FUNERAL SERVICE COMMISSION AMENDMENTS
1-14 SECTION 1.01. Section 101.002, Occupations Code, is amended
1-15 to read as follows:
1-16 Sec. 101.002. COMPOSITION OF COUNCIL. The council consists
1-17 of 15 [14] members, with one member appointed by each of the
1-18 following:
1-19 (1) the Texas Board of Chiropractic Examiners;
1-20 (2) the State Board of Dental Examiners;
1-21 (3) the Texas Optometry Board;
1-22 (4) the Texas State Board of Pharmacy;
1-23 (5) the Texas State Board of Podiatric Medical
1-24 Examiners;
1-25 (6) the State Board of Veterinary Medical Examiners;
1-26 (7) the Texas State Board of Medical Examiners;
1-27 (8) the Board of Nurse Examiners;
1-28 (9) the Texas State Board of Examiners of
1-29 Psychologists;
1-30 (10) the Board of Vocational Nurse Examiners;
1-31 (11) the Texas Funeral Service Commission;
1-32 (12) the entity that regulates the practice of
1-33 physical therapy;
1-34 (13) [(12)] the entity that regulates the practice of
1-35 occupational therapy;
1-36 (14) [(13)] the health licensing division of the Texas
1-37 Department of Health; and
1-38 (15) [(14)] the governor's office.
1-39 SECTION 1.02. Subchapter B, Chapter 101, Occupations Code,
1-40 is amended by adding Section 101.0515 to read as follows:
1-41 Sec. 101.0515. APPLICABILITY OF SUBCHAPTER. This subchapter
1-42 does not apply to the Texas Funeral Service Commission.
1-43 SECTION 1.03. Section 651.001, Occupations Code, is amended
1-44 to read as follows:
1-45 Sec. 651.001. DEFINITIONS. In this chapter:
1-46 (1) "Cemetery" means a place that is used or intended
1-47 to be used for interment, and includes a graveyard, burial park, or
1-48 mausoleum.
1-49 (2) "Commission" means the Texas Funeral Service
1-50 Commission.
1-51 (3) "Crematory" means a structure containing a furnace
1-52 used or intended to be used for the cremation of human remains.
1-53 (4) [(2)] "Embalmer" means a person licensed under
1-54 this chapter who for compensation, wholly or partly, disinfects or
1-55 preserves a dead human body by:
1-56 (A) using chemical substances, fluids, or gases,
1-57 including by introducing those substances, fluids, or gases into
1-58 the body by:
1-59 (i) vascular or hypodermic injection; or
1-60 (ii) direct application into the organs or
1-61 cavities; or
1-62 (B) another method intended to disinfect or
1-63 preserve a dead human body or to restore body tissues and
1-64 structures.
2-1 (5) [(3)] "First call" means the beginning of the
2-2 relationship and duty of a funeral director to take charge of a
2-3 dead human body and have the body prepared for burial or
2-4 disposition by embalming, cremation, or another method. The term
2-5 does not include an ambulance call if the person dispatching the
2-6 ambulance does not know whether a dead human body is to be picked
2-7 up.
2-8 (6) [(4)] "Funeral director" means a person licensed
2-9 under this chapter who engages in for compensation, or represents
2-10 to the public as being engaged in for compensation, the
2-11 preparation, other than by embalming, of a dead human body for
2-12 burial or other disposition.
2-13 (7) [(5)] "Funeral directing" means acts associated
2-14 with or arranging for the disposition of a dead human body,
2-15 performed by a person for compensation, from the time of first call
2-16 until:
2-17 (A) inurnment, interment, or entombment services
2-18 are complete; or
2-19 (B) the body is permanently transported out of
2-20 this state [released:]
2-21 [(i) for transport to a crematorium; or]
2-22 [(ii) to a public carrier].
2-23 (8) [(6)] "Funeral establishment" means:
2-24 (A) a place of business used in the care and
2-25 preparation for burial or transportation of a dead human body; or
2-26 (B) any other place in which a person engages
2-27 in, or represents the person to be engaged in, the business of
2-28 embalming or funeral directing.
2-29 (9) [(7)] "Funeral merchandise" means merchandise sold
2-30 primarily for use in:
2-31 (A) a funeral ceremony;
2-32 (B) embalming; or
2-33 (C) the care and preparation of a dead human
2-34 body for burial, cremation, or other disposition.
2-35 (10) [(8)] "Funeral service" means a service performed
2-36 incident to a funeral ceremony or for the care and preparation of a
2-37 dead human body for burial, cremation, or other disposition. The
2-38 term includes embalming.
2-39 (11) [(9)] "Mortuary science" means the scientific,
2-40 professional, and practical aspects, with consideration given to
2-41 accepted practices, of the care, preparation for burial, or
2-42 transportation of a dead human body. The term includes the
2-43 preservation and sanitation of a dead human body and restorative
2-44 art.
2-45 (12) [(10)] "Outer enclosure" means an enclosure or
2-46 container placed in a grave above or around the casket. The term
2-47 includes a burial vault, grave box, or grave liner.
2-48 (13) [(11)] "Prospective customer" means a consumer
2-49 who enters a funeral establishment and inquires about a funeral
2-50 service, cremation, or merchandise.
2-51 (14) [(12)] "Provisional license holder" means a
2-52 person who:
2-53 (A) is engaged in learning the practice of
2-54 funeral directing or embalming under the instruction, direction,
2-55 and personal supervision of a funeral director or embalmer; and
2-56 (B) holds a provisional license issued by the
2-57 commission under this chapter.
2-58 (15) [(13)] "Purchase agreement" means a written
2-59 statement that itemizes the cost of funeral services or merchandise
2-60 selected by a customer from the retail price list.
2-61 (16) [(14)] "Solicitation" means a direct or indirect
2-62 contact by a funeral director, embalmer, or employee, agent, or
2-63 representative of a licensed funeral establishment or any other
2-64 entity with a person near death or the family of, next of kin of,
2-65 or person responsible for making funeral arrangements for a person
2-66 who is deceased or near death, if the contact is not initiated by
2-67 the person near death or the family, next of kin, or person
2-68 responsible for making funeral arrangements and the contact is to
2-69 secure the right to provide funeral services or merchandise or
3-1 occurs in a situation that might influence the contacted person to
3-2 choose a particular funeral establishment. The term does not
3-3 include:
3-4 (A) except in the case of contact with a person
3-5 near death or the person responsible for making funeral
3-6 arrangements for a person near death, an attempt to secure funeral
3-7 business under a permit issued under Chapter 154, Finance Code; or
3-8 (B) any method of advertising by publication or
3-9 broadcasting.
3-10 (17) [(15)] "Unit pricing" means a method of pricing
3-11 that offers a discount to a purchaser who buys various funeral
3-12 services and merchandise as a package.
3-13 SECTION 1.04. Section 651.002, Occupations Code, is amended
3-14 to read as follows:
3-15 Sec. 651.002. APPLICATION OF SUNSET ACT. The Texas Funeral
3-16 Service Commission is subject to Chapter 325, Government Code
3-17 (Texas Sunset Act). Unless continued in existence as provided by
3-18 that chapter, the commission is abolished and this chapter expires
3-19 September 1, 2003 [2001].
3-20 SECTION 1.05. Subsection (a), Section 651.051, Occupations
3-21 Code, is amended to read as follows:
3-22 (a) The Texas Funeral Service Commission consists of seven
3-23 [six] members appointed by the governor, with the advice and
3-24 consent of the senate as follows:
3-25 (1) two members who are licensed as both an embalmer
3-26 and a funeral director[in this state] for at least the five years
3-27 preceding appointment to the commission; [and]
3-28 (2) one member who is a registered cemetery owner or
3-29 operator; and
3-30 (3) four members who represent the public and who:
3-31 (A) are not regulated under this chapter; and
3-32 (B) have consistently shown an interest in
3-33 supporting consumer protection.
3-34 SECTION 1.06. Subchapter B, Chapter 651, Occupations Code,
3-35 is amended by adding Sections 651.0511 and 651.0512 to read as
3-36 follows:
3-37 Sec. 651.0511. TRAINING. (a) A person who is appointed to
3-38 and qualifies for office as a member of the commission may not
3-39 vote, deliberate, or be counted as a member in attendance at a
3-40 meeting of the commission until the person completes a training
3-41 program that complies with this section.
3-42 (b) The training program must provide the person with
3-43 information regarding:
3-44 (1) this chapter;
3-45 (2) the programs operated by the commission;
3-46 (3) the role and functions of the commission;
3-47 (4) the rules of the commission, with an emphasis on
3-48 the rules that relate to disciplinary and investigatory authority;
3-49 (5) the current budget for the commission;
3-50 (6) the results of the most recent formal audit of the
3-51 commission;
3-52 (7) the requirements of:
3-53 (A) the open meetings law, Chapter 551,
3-54 Government Code;
3-55 (B) the public information law, Chapter 552,
3-56 Government Code;
3-57 (C) the administrative procedure law, Chapter
3-58 2001, Government Code; and
3-59 (D) other laws relating to public officials,
3-60 including conflict-of-interest laws; and
3-61 (8) any applicable ethics policies adopted by the
3-62 commission or the Texas Ethics Commission.
3-63 (c) A person appointed to the commission is entitled to
3-64 reimbursement, as provided by the General Appropriations Act, for
3-65 the travel expenses incurred in attending the training program
3-66 regardless of whether the attendance at the program occurs before
3-67 or after the person qualifies for office.
3-68 Sec. 651.0512. TRAINING FOR EMPLOYEES ON STATE INCENTIVE
3-69 PROGRAM. The executive director or the executive director's
4-1 designee shall provide to commission employees information and
4-2 training on the benefits and methods of participation in the state
4-3 employee incentive program under Subchapter B, Chapter 2108,
4-4 Government Code.
4-5 SECTION 1.07. Section 651.052, Occupations Code, is amended
4-6 to read as follows:
4-7 Sec. 651.052. ELIGIBILITY OF PUBLIC MEMBERS. (a) A person
4-8 may not be [is not eligible for appointment as] a public member of
4-9 the commission if the person or the person's spouse:
4-10 (1) is registered, certified, or licensed by a [an
4-11 occupational] regulatory agency in the funeral service industry
4-12 [field of funeral services];
4-13 (2) is employed by or participates in the management
4-14 of a business entity or other organization regulated by or
4-15 receiving money from the commission [or receiving funds from the
4-16 commission];
4-17 (3) owns or controls, directly or indirectly, more
4-18 than a 10 percent [any] interest in a business entity or other
4-19 organization regulated by or receiving money from the commission
4-20 [or receiving funds from the commission]; or
4-21 (4) uses or receives a substantial amount of tangible
4-22 goods, services, or money [funds] from the commission, other than
4-23 compensation or reimbursement authorized by law for commission
4-24 membership, attendance, or expenses.
4-25 (b) A public member of the commission may not, except as a
4-26 consumer:
4-27 (1) have a financial interest in a funeral
4-28 establishment; or
4-29 (2) be related to a person within the second degree by
4-30 affinity or third degree by consanguinity, as determined under
4-31 Subchapter B, Chapter 573, Government Code, who has a financial
4-32 interest in a funeral establishment.
4-33 SECTION 1.08. Section 651.053, Occupations Code, is amended
4-34 to read as follows:
4-35 Sec. 651.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In
4-36 this section, "Texas trade association" means a [nonprofit,]
4-37 cooperative[,] and voluntarily joined association of business or
4-38 professional competitors in this state designed to assist its
4-39 members and its industry or profession in dealing with mutual
4-40 business or professional problems and in promoting their common
4-41 interest.
4-42 (b) A person may not be a member of the commission and may
4-43 not be a commission employee employed in a "bona fide executive,
4-44 administrative, or professional capacity," as that phrase is used
4-45 for purposes of establishing an exemption to the overtime
4-46 provisions of the federal Fair Labor Standards Act of 1938 (29
4-47 U.S.C. Section 201 et seq.), and its subsequent amendments, if:
4-48 (1) the person is an officer, employee, or paid
4-49 consultant of a Texas trade association in the funeral service
4-50 industry; or
4-51 (2) the person's spouse is an officer, manager, or
4-52 paid consultant of a Texas trade association in the funeral service
4-53 industry. [A commissioner or an employee of the commission who
4-54 carries out the functions of the commission may not be related
4-55 within the second degree by affinity or within the third degree by
4-56 consanguinity, as determined under Subchapter B, Chapter 573,
4-57 Government Code, to a person who is an officer, employee, or paid
4-58 consultant of a trade association in the funeral industry.]
4-59 (c) [An officer, employee, or paid consultant of a Texas
4-60 trade association in the field of funeral services may not be a
4-61 commission member and may not be an employee who is exempt from the
4-62 state's position classification plan or is compensated at or above
4-63 the amount prescribed by the General Appropriations Act for step 1,
4-64 salary group A17, of the position classification salary schedule.]
4-65 [(d) A person who is the spouse of an officer, manager, or
4-66 paid consultant of a Texas trade association in the field of
4-67 funeral services may not be a member of the commission and may not
4-68 be an employee of the commission who is exempt from the state's
4-69 position classification plan or is compensated at or above the
5-1 amount prescribed by the General Appropriations Act for step 1,
5-2 salary group A17, of the position classification salary schedule.]
5-3 [(e) A person may not be appointed to the commission if:]
5-4 [(1) the person is an officer or employee of a
5-5 corporation or other business entity directly or indirectly
5-6 controlling or operating more than three funeral establishments;
5-7 and]
5-8 [(2) a member of the commission is an officer or
5-9 employee of the same corporation or entity.]
5-10 [(f) A violation of Subsection (e) that occurs after a
5-11 member is appointed constitutes a vacancy of each of those members'
5-12 positions, as of the date of the completion of the merger or other
5-13 agreement. The vacancy shall be filled by the governor as soon as
5-14 practicable. A member appointed to fill a vacancy under this
5-15 subsection serves for the remainder of the vacated term.]
5-16 [(g)] A person may not be [serve as] a member of the
5-17 commission or act as the general counsel if the person is required
5-18 to register as a lobbyist under Chapter 305, Government Code,
5-19 because of the person's activities for compensation on behalf of a
5-20 profession related to the operation of the commission.
5-21 SECTION 1.09. Section 651.104, Occupations Code, is amended
5-22 to read as follows:
5-23 Sec. 651.104. DIVISION OF RESPONSIBILITIES. The commission
5-24 shall develop and implement policies that clearly separate [define]
5-25 the policy-making responsibilities of the commission and the
5-26 management responsibilities of the executive director and staff of
5-27 the commission.
5-28 SECTION 1.10. Section 651.107, Occupations Code, is amended
5-29 to read as follows:
5-30 Sec. 651.107. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT.
5-31 (a) The executive director or the executive director's designee
5-32 shall prepare and maintain a written policy statement that
5-33 implements a program [to ensure implementation] of [an] equal
5-34 employment opportunity to ensure that [program under which] all
5-35 personnel decisions [transactions] are made without regard to race,
5-36 color, disability, sex, religion, age, or national origin.
5-37 (b) The policy statement must include:
5-38 (1) personnel policies, including policies relating to
5-39 recruitment, evaluation, selection, [appointment,] training, and
5-40 promotion of personnel, that show the intent of the commission to
5-41 avoid the unlawful employment practices described by Chapter 21,
5-42 Labor Code; and
5-43 (2) an [a comprehensive] analysis of the extent to
5-44 which the composition of the commission's personnel is in
5-45 accordance with [commission workforce that meets] federal and state
5-46 law and a description of [guidelines;]
5-47 [(3) procedures by which a determination can be made
5-48 of significant underuse in the commission workforce of all persons
5-49 for whom federal or state guidelines encourage a more equitable
5-50 balance; and]
5-51 [(4)] reasonable methods to achieve compliance with
5-52 federal and state law [appropriately address those areas of
5-53 significant underuse].
5-54 (c) The [(b) A] policy statement [prepared under
5-55 Subsection (a)] must:
5-56 (1) [cover an annual period,] be updated at least
5-57 annually;
5-58 (2) be reviewed by the state Commission on Human
5-59 Rights for compliance with Subsection (b)(1);[,] and
5-60 (3) be filed with the governor's office [governor].
5-61 [(c) The governor shall deliver a biennial report to the
5-62 legislature based on the information received under Subsection (b).
5-63 The report may be made separately or as a part of other biennial
5-64 reports made to the legislature.]
5-65 SECTION 1.11. Section 651.157, Occupations Code, is amended
5-66 to read as follows:
5-67 Sec. 651.157. INSPECTION OF FUNERAL ESTABLISHMENT.
5-68 (a) Except as provided by Subsection (b), a [Each] licensed
5-69 funeral establishment shall be inspected at least once every two
6-1 years [annually] by an agent of the commission or by an agent of
6-2 the state or a political subdivision authorized by the commission
6-3 to make inspections on its behalf.
6-4 (b) If the commission finds a violation of this chapter or
6-5 of Chapter 193 or 361, Health and Safety Code, the commission shall
6-6 inspect the funeral establishment annually until the commission
6-7 determines that the establishment is free of violations.
6-8 (c) A report of each [the annual] inspection made under this
6-9 section shall be filed with the commission.
6-10 (d) The commission by rule shall establish:
6-11 (1) procedures for the inspection of a funeral
6-12 establishment required by this section; and
6-13 (2) criteria, including consideration of the
6-14 establishment's inspection and complaint history, regarding when
6-15 the commission should inspect an establishment based on the risk of
6-16 a violation at an establishment.
6-17 (e) [(b)] A premises on which funeral directing or embalming
6-18 is practiced shall be open at all times to inspection for any
6-19 violation of this chapter or of Chapter 193 or 361, Health and
6-20 Safety Code, by:
6-21 (1) an agent of the commission;
6-22 (2) an authorized agent of the state; or
6-23 (3) an authorized agent of the county or municipality
6-24 in which the premises is located.
6-25 (f) [(c)] Before a commission agent inspects a funeral
6-26 establishment, the agent shall review the inspection reports filed
6-27 with the commission on the establishment. During the inspection,
6-28 the agent shall determine whether previously identified problems
6-29 have been corrected and whether a pattern of violations exists.
6-30 The commission shall consider the information from the inspection
6-31 reports in determining whether a penalty should be imposed against
6-32 an establishment.
6-33 SECTION 1.12. Subchapter D, Chapter 651, Occupations Code,
6-34 is amended by adding Section 651.1575 to read as follows:
6-35 Sec. 651.1575. INSPECTION OF CEMETERY OR CREMATORY.
6-36 (a) The commission may inspect a cemetery or crematory only if the
6-37 commission receives a complaint about that facility under Section
6-38 651.202.
6-39 (b) A report of an inspection made under this section shall
6-40 be filed with the commission.
6-41 (c) The commission by rule shall establish procedures for
6-42 the inspection of a cemetery or crematory required by this section.
6-43 SECTION 1.13. Section 651.202, Occupations Code, is amended
6-44 to read as follows:
6-45 Sec. 651.202. COMPLAINTS. (a) The commission by rule shall
6-46 establish methods by which consumers and service recipients are
6-47 notified of the name, mailing address, and telephone number of the
6-48 commission for the purpose of directing complaints to the
6-49 commission. The commission may provide for that notice:
6-50 (1) on each license or registration form, application,
6-51 or written contract for services of a person regulated under this
6-52 chapter;
6-53 (2) on a sign prominently displayed in the place of
6-54 business of each person regulated under this chapter; or
6-55 (3) in a bill for service provided by a person
6-56 regulated under this chapter.
6-57 (b) The commission shall adopt rules concerning a complaint
6-58 filed under this section. The rules adopted under this subsection
6-59 must:
6-60 (1) establish procedures regarding the receipt,
6-61 investigation, and disposition of complaints;
6-62 (2) allow for an informal hearing process;
6-63 (3) establish a formal hearing process;
6-64 (4) ensure that the person who filed the complaint has
6-65 an opportunity to explain the allegations made in the complaint;
6-66 (5) ensure that the license holder or registrant who
6-67 is the subject of the complaint has an opportunity to be heard
6-68 regarding the complaint; and
6-69 (6) establish procedures by which a commission
7-1 employee may dismiss a complaint, subject to approval by the
7-2 executive director or the executive director's designee, if the
7-3 investigation does not reveal a violation.
7-4 (c) The commission shall investigate each complaint received
7-5 by the commission relating to a funeral director, embalmer,
7-6 provisional license holder, [or] funeral establishment, or other
7-7 person licensed or registered under this chapter.
7-8 (d) The commission shall provide to the person filing the
7-9 complaint and to each person who is a subject of the complaint a
7-10 copy of the commission's policies and procedures relating to
7-11 complaint investigation and resolution, including [(c) If a person
7-12 files a complaint with the commission relating to a funeral
7-13 director, embalmer, provisional license holder, or licensed funeral
7-14 establishment, the commission shall furnish to the person] an
7-15 explanation of the remedies that are available to the person under
7-16 this chapter and information about other appropriate state or local
7-17 agencies or officials with which the person may file a complaint.
7-18 (e) The [(d) If a written complaint is filed with the
7-19 commission that the commission has authority to resolve, the]
7-20 commission, at least quarterly until final disposition of the
7-21 complaint [and on final disposition of the complaint], shall notify
7-22 the person filing [parties to] the complaint and each person who is
7-23 a subject of the complaint of the status of the investigation
7-24 [complaint] unless the notice would jeopardize an undercover
7-25 investigation.
7-26 (f) [(e)] The person who filed the complaint [complainant]
7-27 is entitled to attend any proceeding resulting from the complaint.
7-28 SECTION 1.14. Subsection (a), Section 651.203, Occupations
7-29 Code, is amended to read as follows:
7-30 (a) The commission shall maintain a [keep an information]
7-31 file on each written [about each] complaint filed with the
7-32 commission [that the commission has authority to resolve]. The
7-33 file must [commission shall] include [in each information file]:
7-34 (1) the subject matter [a description] of the
7-35 complaint;
7-36 (2) the date the complaint is received by the
7-37 commission [filed];
7-38 (3) the name of the person who filed the complaint
7-39 [complainant];
7-40 (4) the name of each person contacted in relation to
7-41 the complaint;
7-42 (5) a summary of the results of the review or
7-43 investigation of the complaint; and
7-44 (6) an explanation of the reason the file was closed,
7-45 if the commission closed the file without taking action other than
7-46 to investigate the complaint [a description of any information
7-47 obtained by the commission after investigating the complaint;]
7-48 [(5) a description of and the date of any formal
7-49 action taken by the commission relating to the complaint;]
7-50 [(6) a description of the current status of the
7-51 complaint; and]
7-52 [(7) any other information the commission considers
7-53 appropriate].
7-54 SECTION 1.15. Section 651.254, Occupations Code, is amended
7-55 to read as follows:
7-56 Sec. 651.254. LICENSE EXAMINATIONS; RESULTS. (a) The
7-57 examinations for a funeral director's license and an embalmer's
7-58 license shall be held at least annually. The examinations shall be
7-59 given at the time and place designated by the commission. The
7-60 commission shall give notice of the examinations.
7-61 (b) Not later than the 30th day after the date a person
7-62 takes a [on which a funeral director's or embalmer's] licensing
7-63 examination [is administered] under this chapter, the commission
7-64 shall notify the person [each examinee] of the results of the
7-65 examination.
7-66 (c) If the [an] examination is graded or reviewed by a
7-67 [national] testing service:
7-68 (1) [,] the commission shall notify the person [each
7-69 examinee] of the results of the examination not later than the 14th
8-1 day after the date [on which] the commission receives the results
8-2 from the testing service; and
8-3 (2) if[.]
8-4 [(c) If the] notice of the examination results [graded or
8-5 reviewed by a national testing service] will be delayed for longer
8-6 than 90 days after the examination date, the commission shall
8-7 notify the person [examinee] of the reason for the delay before the
8-8 90th day.
8-9 (d) The commission may require a testing service to notify a
8-10 person of the results of the person's examination.
8-11 (e) If requested in writing by a person who fails a
8-12 licensing examination administered under this chapter, the
8-13 commission shall furnish the person with an analysis of the
8-14 person's performance on the examination.
8-15 [(e) Notice of the time and place of an examination must be
8-16 filed with the Texas Register at least seven days before the
8-17 examination.]
8-18 SECTION 1.16. Subchapter F, Chapter 651, Occupations Code,
8-19 is amended by adding Section 651.2595 to read as follows:
8-20 Sec. 651.2595. PROVISIONAL LICENSE. (a) The commission may
8-21 issue a provisional license to an applicant currently licensed in
8-22 another jurisdiction who seeks a license in this state and who:
8-23 (1) has been licensed in good standing as a funeral
8-24 director or embalmer for at least two years in another
8-25 jurisdiction, including a foreign country, that has licensing
8-26 requirements substantially equivalent to the requirements of this
8-27 chapter;
8-28 (2) has passed a national or other examination
8-29 recognized by the commission relating to the practice of funeral
8-30 director or embalmer; and
8-31 (3) is sponsored by a person licensed by the
8-32 commission under this chapter with whom the provisional license
8-33 holder will practice during the time the person holds a provisional
8-34 license.
8-35 (b) The commission may waive the requirement of Subsection
8-36 (a)(3) for an applicant if the commission determines that
8-37 compliance with that subsection would be a hardship to the
8-38 applicant.
8-39 (c) A provisional license is valid until the date the
8-40 commission approves or denies the provisional license holder's
8-41 application for a license. The commission shall issue a license
8-42 under this chapter to the provisional license holder if:
8-43 (1) the provisional license holder is eligible to be
8-44 licensed under Section 651.259; or
8-45 (2) the provisional license holder:
8-46 (A) passes the part of the examination under
8-47 Subsection (a) that relates to the applicant's knowledge and
8-48 understanding of the laws and rules relating to the practice of
8-49 funeral directing or embalming in this state;
8-50 (B) meets the academic and experience
8-51 requirements for a license under this chapter; and
8-52 (C) satisfies any other licensing requirements
8-53 under this chapter.
8-54 (d) The commission shall approve or deny a provisional
8-55 license holder's application for a license not later than the 180th
8-56 day after the date the provisional license is issued. The
8-57 commission may extend the 180-day period if the results of an
8-58 examination have not been received by the commission before the end
8-59 of that period.
8-60 (e) The commission may establish a fee for provisional
8-61 licenses in an amount reasonable and necessary to cover the cost of
8-62 issuing the license.
8-63 SECTION 1.17. Section 651.262, Occupations Code, is
8-64 transferred to Subchapter D, Chapter 651, Occupations Code,
8-65 redesignated as Section 651.164, Occupations Code, and amended to
8-66 read as follows:
8-67 Sec. 651.164. [651.262.] LICENSE OR REGISTRATION EXPIRATION.
8-68 The commission by rule may adopt a system under which [funeral
8-69 director's and embalmer's] licenses or registrations expire on
9-1 various dates during the year. [The commission shall adjust dates
9-2 for sending notice regarding payment of fees and license suspension
9-3 for nonpayment according to the system, if any, adopted under this
9-4 subsection.] For the [a] year in which the license or registration
9-5 expiration date is changed, the commission shall prorate license or
9-6 registration fees [are prorated] on a monthly basis so that each
9-7 license holder or registrant pays only that portion of the license
9-8 or registration fee that is allocable to the number of months
9-9 during which the license or registration is valid. On renewal of
9-10 the license or registration on the new expiration date, the total
9-11 license or registration renewal fee is payable.
9-12 SECTION 1.18. Section 651.263, Occupations Code, is
9-13 transferred to Subchapter D, Chapter 651, Occupations Code,
9-14 redesignated as Section 651.165, Occupations Code, and amended to
9-15 read as follows:
9-16 Sec. 651.165 [651.263]. RENEWAL OR REINSTATEMENT OF LICENSE.
9-17 (a) A person who is otherwise eligible to renew a license may
9-18 renew an unexpired license by paying the required renewal fee to
9-19 the commission before the expiration date of the license. A person
9-20 whose license has expired may not engage in activities that require
9-21 a license until the license has been renewed.
9-22 (b) A person whose license has been expired for 90 days or
9-23 less may renew the license by paying to the commission a [the
9-24 required] renewal fee that is [and a penalty fee] equal to 1-1/2
9-25 times the normally required [one-half the amount of the] renewal
9-26 fee [for the license].
9-27 (c) A person whose license [If a person's license] has been
9-28 expired for more than 90 days but less than one year [five years,
9-29 the person] may renew the license by paying to the commission a
9-30 [all unpaid] renewal [fees and a penalty] fee that is equal to two
9-31 times the normally required [one-half of the total amount of the
9-32 unpaid] renewal fee [fees].
9-33 (d) A person whose [(c) If a person's] license has been
9-34 expired for one year or more [five years or longer, the person] may
9-35 not renew the license. The person may obtain a new license by
9-36 [submitting to reexamination and] complying with the requirements
9-37 and procedures, including the examination requirements, for
9-38 obtaining an original license.
9-39 (e) A person who was licensed in this state, moved to
9-40 another state, and is currently licensed and has been in practice
9-41 in the other state for the two years preceding the date of
9-42 application may obtain a new license without reexamination. The
9-43 person must pay to the commission a fee that is equal to two times
9-44 the normally required renewal fee for the license.
9-45 (f) [(d)] At least 30 days before the expiration of a
9-46 person's license, the commission shall send written notice of the
9-47 impending license expiration to the person at the person's last
9-48 known address according to the records of the commission.
9-49 SECTION 1.19. Section 651.266, Occupations Code, is amended
9-50 to read as follows:
9-51 Sec. 651.266. CONTINUING EDUCATION. The commission by rule
9-52 may require continuing education as a condition for license renewal
9-53 except for a license holder described by Section 651.155 or an
9-54 applicant for renewal described by [Section 651.155 or] Section
9-55 651.265. If the commission requires continuing education, the
9-56 commission shall require completion of a minimum number of hours of
9-57 ethics training as a required part of that education.
9-58 SECTION 1.20. The heading to Section 651.405, Occupations
9-59 Code, is amended to read as follows:
9-60 Sec. 651.405. RETAIL PRICE LIST; FUNERAL ESTABLISHMENT.
9-61 SECTION 1.21. Subchapter I, Chapter 651, Occupations Code,
9-62 is amended by adding Section 651.4055 to read as follows:
9-63 Sec. 651.4055. RETAIL PRICE LIST; CEMETERY OR CREMATORY.
9-64 (a) In this section, "retail price list" means a printed or
9-65 typewritten list of the retail price of items or services provided
9-66 by a cemetery or crematory.
9-67 (b) A retail price list must contain:
9-68 (1) the name, address, and telephone number of the
9-69 cemetery or crematory;
10-1 (2) the effective date for the stated prices;
10-2 (3) notice required by Subsection (c); and
10-3 (4) any other items that the commission may by rule
10-4 require.
10-5 (c) The retail price list must contain the following printed
10-6 notice: "The goods and services shown below are those we can
10-7 provide to our customers. You may choose only the items you
10-8 desire. If legal or other requirements mean you must buy any items
10-9 you did not specifically ask for, we will explain the reason in
10-10 writing on the statement we provide describing the goods and
10-11 services you selected."
10-12 SECTION 1.22. The heading to Section 651.406, Occupations
10-13 Code, is amended to read as follows:
10-14 Sec. 651.406. PURCHASE AGREEMENT; FUNERAL ESTABLISHMENT.
10-15 SECTION 1.23. Subchapter I, Chapter 651, Occupations Code,
10-16 is amended by adding Section 651.4065 to read as follows:
10-17 Sec. 651.4065. PURCHASE AGREEMENT; CEMETERY OR CREMATORY.
10-18 (a) A purchase agreement must state:
10-19 (1) the name, address, and telephone number of the
10-20 cemetery or crematory;
10-21 (2) the amount paid or owed to another person by the
10-22 cemetery or crematory on behalf of the customer and each fee
10-23 charged the customer for the cost of advancing funds or becoming
10-24 indebted to another person on behalf of the customer;
10-25 (3) the printed notice required by Subsection (b);
10-26 (4) the name, mailing address, and telephone number of
10-27 the commission;
10-28 (5) a statement that complaints may be directed to the
10-29 commission; and
10-30 (6) any other items that the commission may by rule
10-31 require.
10-32 (b) The purchase agreement must contain the following
10-33 printed notice: "Charges are only for those items that you
10-34 selected or that are required. If we are required by law to use
10-35 any items, we will explain the reasons in writing below."
10-36 (c) The registrant for the cemetery or crematory shall sign
10-37 the purchase agreement.
10-38 (d) If the customer selects a package arrangement based on
10-39 unit pricing, the itemization requirement is satisfied by providing
10-40 a purchase agreement that itemizes the discount provided by the
10-41 package arrangement.
10-42 SECTION 1.24. Subchapter I, Chapter 651, Occupations Code,
10-43 is amended by adding Section 651.408 to read as follows:
10-44 Sec. 651.408. USE OF CEMETERY AND CREMATORY SERVICES. The
10-45 fact that a funeral director contracts for cemetery or crematory
10-46 services, including as part of a package arrangement, does not
10-47 limit the director's liability to the customer for those services.
10-48 SECTION 1.25. Section 651.451, Occupations Code, is amended
10-49 to read as follows:
10-50 Sec. 651.451. CERTAIN FRAUDULENT AND DECEPTIVE ACTS. A
10-51 person violates this chapter if the person:
10-52 (1) presents to the commission a license, certificate,
10-53 registration, or diploma that was illegally or fraudulently
10-54 obtained;
10-55 (2) uses fraud or deception in passing the
10-56 examination, including impersonating or acting as a proxy for
10-57 another person in the examination;
10-58 (3) purchases, sells, barters, or uses, or offers to
10-59 purchase, sell, barter, or use, a license, registration,
10-60 certificate, or transcript of a license, registration, or
10-61 certificate in or incident to an application to the commission for
10-62 a license or registration issued under this chapter [to practice as
10-63 a funeral director or embalmer];
10-64 (4) alters, with fraudulent intent, a [funeral
10-65 director's or embalmer's] license, registration, or certificate
10-66 issued under this chapter or a transcript of a license,
10-67 registration, or certificate;
10-68 (5) uses a [funeral director's or embalmer's] license,
10-69 registration, certificate, or diploma issued under this chapter or
11-1 a transcript of a [funeral director's or embalmer's] license,
11-2 registration, certificate, or diploma that has been fraudulently
11-3 purchased, issued, counterfeited, or materially altered;
11-4 (6) impersonates a funeral director, [or] embalmer, or
11-5 other person regulated under this chapter;
11-6 (7) permits another to use the person's license or
11-7 registration to perform an activity regulated under this chapter
11-8 [practice as a funeral director or embalmer in this state]; or
11-9 (8) presents false certification of work done as a
11-10 provisional license holder.
11-11 SECTION 1.26. Section 651.452, Occupations Code, is amended
11-12 to read as follows:
11-13 Sec. 651.452. LACK OF FITNESS TO PRACTICE. A person
11-14 violates this chapter if the person is:
11-15 (1) convicted of:
11-16 (A) a misdemeanor related to the practice of
11-17 embalming, [or] funeral directing, or another activity regulated
11-18 under this chapter; or
11-19 (B) a felony;
11-20 (2) unfit to practice as a funeral director or
11-21 embalmer because of insanity and determined by a court to be of
11-22 unsound mind; or
11-23 (3) unfit to practice because of current substance
11-24 abuse.
11-25 SECTION 1.27. Section 651.455, Occupations Code, is amended
11-26 to read as follows:
11-27 Sec. 651.455. FALSE OR MISLEADING STATEMENTS REGARDING
11-28 FUNERAL MERCHANDISE OR FUNERAL, CEMETERY, OR CREMATORY SERVICES.
11-29 (a) A person violates this chapter if the person uses a statement
11-30 that misleads or deceives the public, including a false or
11-31 misleading statement regarding:
11-32 (1) a legal, religious, or cemetery requirement for
11-33 funeral merchandise or funeral, cemetery, or crematory services;
11-34 (2) the preservative qualities of funeral merchandise
11-35 or funeral, cemetery, or crematory services in preventing or
11-36 substantially delaying natural decomposition of human remains;
11-37 (3) the airtight or watertight properties of a casket
11-38 or outer enclosure; or
11-39 (4) the licenses or registrations held by the
11-40 personnel in the operation of the cemetery, crematory, or funeral
11-41 establishment.
11-42 (b) This section does not apply to cemetery or crematory
11-43 services that occur after burial or inurnment.
11-44 SECTION 1.28. Subchapter K, Chapter 651, Occupations Code,
11-45 is amended by adding Section 651.5025 to read as follows:
11-46 Sec. 651.5025. IMMEDIATE LICENSE REVOCATION; EFFECT OF
11-47 CERTAIN FELONY CONVICTIONS. (a) The commission may revoke the
11-48 license of a license holder without a hearing if the commission
11-49 determines from the information presented to it that the license
11-50 holder has been convicted of a felony related to the practice of
11-51 embalming, funeral directing, or another activity regulated by the
11-52 commission under this chapter. The commission shall notify the
11-53 license holder if it decides to revoke the license.
11-54 (b) The license holder may appeal the decision by submitting
11-55 a written request for a hearing in accordance with this chapter and
11-56 Chapter 2001, Government Code, not later than the 30th day after
11-57 the date of the revocation.
11-58 SECTION 1.29. Subchapter L, Chapter 651, Occupations Code,
11-59 is amended by adding Section 651.5515 to read as follows:
11-60 Sec. 651.5515. PENALTY GUIDELINES. (a) The commission by
11-61 rule shall adopt guidelines that define and summarize the
11-62 violations that occur under this subchapter to assist the
11-63 commission in maintaining consistency in determining the amount of
11-64 an administrative penalty assessed under Section 651.552. Using
11-65 those guidelines and the summary, the commission shall establish
11-66 and maintain a chart that lists:
11-67 (1) the most common violations;
11-68 (2) the penalty amounts assessed for those violations;
11-69 and
12-1 (3) the factors used to grade each type of violation
12-2 before determining the penalty amount under Section 651.552.
12-3 (b) The commission shall consider using focus groups to
12-4 obtain business and consumer input to match appropriate penalties
12-5 to violations before proposing the rules under this section.
12-6 (c) The commission shall post the guidelines on the
12-7 commission's Internet site.
12-8 SECTION 1.30. Section 651.552, Occupations Code, is amended
12-9 to read as follows:
12-10 Sec. 651.552. AMOUNT OF PENALTY. (a) The amount of the
12-11 administrative penalty shall be not less than $100 or more than
12-12 $5,000 for each violation.
12-13 (b) In determining the amount of the penalty, the commission
12-14 shall base its decision on:
12-15 (1) the seriousness of the violation;
12-16 (2) the threat the violation poses to health and
12-17 safety;
12-18 (3) the history of previous violations;
12-19 (4) the amount necessary to deter a future violation;
12-20 (5) efforts made to correct the violation;
12-21 (6) the guidelines adopted under Section 651.5515; and
12-22 (7) any other matter that justice requires [employ
12-23 guidelines established by commission rule].
12-24 SECTION 1.31. Subsection (b), Section 651.553, Occupations
12-25 Code, is amended to read as follows:
12-26 (b) Not later than the 10th day after the date the report is
12-27 issued, the commission shall send to the person charged with the
12-28 violation:
12-29 (1) a copy of the report;
12-30 (2) a statement of the right of the person to a
12-31 hearing relating to the alleged violation; [and]
12-32 (3) a statement of the amount of the penalty; and
12-33 (4) an explanation for any significant deviation from
12-34 the penalty amount assessed for similar violations.
12-35 SECTION 1.32. Chapter 651, Occupations Code, is amended by
12-36 adding Subchapter N to read as follows:
12-37 SUBCHAPTER N. REGISTRATION REQUIREMENTS:
12-38 CEMETERIES AND CREMATORIES
12-39 Sec. 651.651. DEFINITION. In this subchapter, "perpetual
12-40 care cemetery" means a person who notifies the Texas Department of
12-41 Banking of its intent to operate a perpetual care cemetery in this
12-42 state under Section 712.0031, Health and Safety Code.
12-43 Sec. 651.652. APPLICABILITY. (a) This subchapter applies
12-44 only to a cemetery or crematory that sells goods or services
12-45 related to the burial or final disposition of a body.
12-46 (b) This subchapter does not apply to the maintenance of a
12-47 cemetery or crematory, including maintenance of any goods or
12-48 services provided under Chapter 711 or 712, Health and Safety Code.
12-49 Sec. 651.653. CEMETERY OR CREMATORY REGISTRATION
12-50 REQUIREMENTS. (a) A person may not conduct a cemetery or
12-51 crematory business in this state unless an individual who is the
12-52 owner or operator of the cemetery or crematory registers with the
12-53 commission.
12-54 (b) A cemetery or crematory may be owned by a person who is
12-55 not registered under this chapter.
12-56 (c) To register, the individual must apply for a
12-57 registration and pay the registration fee. The commission shall
12-58 register the individual on determining that the individual
12-59 satisfies the requirements of this section.
12-60 (d) The individual must:
12-61 (1) explain the purpose of the cemetery or crematory
12-62 business;
12-63 (2) provide the address and other contact information
12-64 for the business; and
12-65 (3) identify the individual owner or operator who is
12-66 registering.
12-67 (e) The commission by rule shall establish the fee to
12-68 register under this subchapter. The fee must include the cost of
12-69 regulating registrants under this chapter, including discipline and
13-1 investigation of complaints.
13-2 Sec. 651.654. PERPETUAL CARE CEMETERIES. (a) On request by
13-3 the commission, the Texas Department of Banking shall provide the
13-4 commission a list of perpetual care cemeteries, including the
13-5 address and other contact information for each cemetery. The
13-6 commission shall annually register, under this subchapter, each
13-7 perpetual care cemetery on that list.
13-8 (b) A perpetual care cemetery is not required to pay a
13-9 registration fee under this subchapter.
13-10 Sec. 651.655. RENEWAL OF CEMETERY OR CREMATORY REGISTRATION.
13-11 (a) The commission shall mail written notice to a registrant of
13-12 the impending expiration of the registration not later than the
13-13 30th day before the expiration date of the registration. The
13-14 notice must state that:
13-15 (1) to renew the registration, the registrant must pay
13-16 the renewal fee not later than the date on which the registration
13-17 expires; and
13-18 (2) the registration is automatically renewed on
13-19 receipt of the renewal fee.
13-20 (b) A registrant who fails to pay the renewal fee by the due
13-21 date is subject to a late payment penalty equal to the amount
13-22 charged for the renewal fee.
13-23 (c) If the registration is expired for longer than 30 days,
13-24 the registrant may not renew the registration, and the cemetery or
13-25 crematory may not be operated, until the owner or operator
13-26 registers as provided by Section 651.653.
13-27 (d) This section does not apply to a perpetual care
13-28 cemetery.
13-29 SECTION 1.33. The heading to Subtitle L, Title 3,
13-30 Occupations Code, is amended to read as follows:
13-31 SUBTITLE L. CEMETERY AND CREMATORY SERVICES,
13-32 FUNERAL DIRECTING, AND EMBALMING
13-33 SECTION 1.34. The heading to Chapter 651, Occupations Code,
13-34 is amended to read as follows:
13-35 CHAPTER 651. CEMETERY AND CREMATORY SERVICES, FUNERAL DIRECTING,
13-36 AND EMBALMING
13-37 ARTICLE 2. INFORMATION AND LEGAL RESOURCES
13-38 SECTION 2.01. DEFINITIONS. In this article:
13-39 (1) "Funeral commission" means the Texas Funeral
13-40 Service Commission.
13-41 (2) "Task force" means the task force created under
13-42 Section 2.06 of this article.
13-43 SECTION 2.02. INFORMATION RESOURCES. (a) The funeral
13-44 commission shall contract with the Department of Information
13-45 Resources to improve the compilation of statistics and other
13-46 information using information resources. The contract must expire
13-47 before the fiscal year that begins September 1, 2003. In order to
13-48 meet this goal, the contract shall require the department to
13-49 analyze and implement changes to meet the technology needs of the
13-50 funeral commission regarding the compilation of information
13-51 necessary to effectively regulate the funeral industry.
13-52 (b) The statistics and other information compiled under
13-53 Subsection (a) of this section must include:
13-54 (1) data about complaints, licenses, registrations,
13-55 and sanctions, including the number of new individual versus dual
13-56 licenses issued;
13-57 (2) the number of complaints received that are outside
13-58 of the funeral commission's jurisdictions;
13-59 (3) the average cost of complaints resolved;
13-60 (4) summaries of violations and actions taken; and
13-61 (5) any information necessary to help the attorney
13-62 general enforce delinquent child support orders among persons
13-63 licensed or registered by the funeral commission.
13-64 SECTION 2.03. LEGAL RESOURCES. The funeral commission shall
13-65 contract with the attorney general to ensure adequate access to
13-66 legal services from the attorney general, including:
13-67 (1) consultation about the daily operations of the
13-68 funeral commission, including complaint, inspection, and other
13-69 enforcement procedures; and
14-1 (2) legal interpretations regarding Chapter 651,
14-2 Occupations Code.
14-3 SECTION 2.04. PLAN. Not later than December 1, 2001, the
14-4 funeral commission shall develop a plan that details the manner in
14-5 which it will implement the requirements of Sections 2.02 and 2.03
14-6 of this article. The plan must include:
14-7 (1) a priority for each required task;
14-8 (2) the identity of any solutions that may be quickly
14-9 implemented;
14-10 (3) a cost estimate; and
14-11 (4) a schedule for task completion.
14-12 SECTION 2.05. STATUS REPORTS. The funeral commission shall
14-13 report once each quarter on the status of its efforts under
14-14 Sections 2.02, 2.03, and 2.04 of this article to:
14-15 (1) the Sunset Advisory Commission; and
14-16 (2) the task force.
14-17 SECTION 2.06. TASK FORCE. (a) A task force is created to:
14-18 (1) review the plan developed by the funeral
14-19 commission under Section 2.04 of this article; and
14-20 (2) monitor the funeral commission's implementation of
14-21 the changes recommended by the plan.
14-22 (b) The task force is composed of six members, appointed not
14-23 later than October 1, 2001, as follows:
14-24 (1) a representative from and appointed by each of the
14-25 following state officers or agencies:
14-26 (A) the attorney general;
14-27 (B) the comptroller of public accounts;
14-28 (C) the Department of Information Resources; and
14-29 (D) the state auditor;
14-30 (2) a consumer representative, appointed by the
14-31 comptroller of public accounts; and
14-32 (3) a representative of the funeral industry,
14-33 appointed by the comptroller of public accounts.
14-34 (c) The representative of the comptroller of public accounts
14-35 shall serve as the presiding officer of the task force.
14-36 (d) The task force shall meet at least once a month.
14-37 (e) The task force is abolished and this section expires
14-38 January 15, 2003.
14-39 SECTION 2.07. This article expires September 1, 2003.
14-40 ARTICLE 3. REPEALER; TRANSITION; EFFECTIVE DATE
14-41 SECTION 3.01. (a) Subsections (a) and (b), Section 651.305,
14-42 Section 651.354, and Subsection (i), Section 651.506, Occupations
14-43 Code, are repealed.
14-44 (b) Section 651.353, Occupations Code, is repealed effective
14-45 September 30, 2001.
14-46 SECTION 3.02. (a) In this section:
14-47 (1) "Funeral commission" means the Texas Funeral
14-48 Service Commission.
14-49 (2) "Sunset commission" means the Sunset Advisory
14-50 Commission.
14-51 (b) In performing its duties under Section 651.002,
14-52 Occupations Code, as amended by this Act, and Chapter 325,
14-53 Government Code (Texas Sunset Act), the sunset commission may limit
14-54 the scope of its review of the funeral commission.
14-55 (c) As part of the review, the sunset commission shall
14-56 determine how much progress the funeral commission has made in
14-57 addressing and implementing solutions required by this Act,
14-58 including solutions regarding:
14-59 (1) information resources and legal services issues
14-60 under Article 2 of this Act;
14-61 (2) formal rules outlining an open and fair complaint
14-62 system;
14-63 (3) clearer guidelines to ensure a more effective use
14-64 of penalties;
14-65 (4) a risk-based approach to scheduling inspections;
14-66 and
14-67 (5) any other analyses that it determines are
14-68 appropriate.
14-69 (d) Not later than September 1, 2002, the funeral commission
15-1 shall report to the sunset commission on the status of its progress
15-2 under this Act.
15-3 (e) If the sunset commission determines that the funeral
15-4 commission has not made substantial progress, the sunset commission
15-5 shall consider whether to recommend that the legislature abolish
15-6 the funeral commission and transfer its functions to the Texas
15-7 Department of Licensing and Regulation.
15-8 SECTION 3.03. Not later than March 1, 2002, the Texas
15-9 Funeral Service Commission shall adopt the rules required by
15-10 Subsection (b), Section 651.202, Occupations Code, as amended by
15-11 this Act. In adopting these rules, the commission shall examine,
15-12 and use as a guide, the rules adopted by the Board of Nurse
15-13 Examiners relating to complaint investigation, disposition, and
15-14 related proceedings.
15-15 SECTION 3.04. Not later than March 1, 2002, the Texas
15-16 Funeral Service Commission shall adopt the rules required by
15-17 Section 651.5515, Occupations Code, as added by this Act.
15-18 SECTION 3.05. (a) The Texas Funeral Service Commission
15-19 shall study the risk-based assessment methods used by the Texas
15-20 Department of Health and the Texas Department of Licensing and
15-21 Regulation in conducting inspections required by law.
15-22 (b) Based on the study conducted under Subsection (a) of
15-23 this section, not later than March 1, 2002, the Texas Funeral
15-24 Service Commission shall adopt the rules required by Subdivision
15-25 (2), Subsection (d), Section 651.157, Occupations Code, as added by
15-26 this Act.
15-27 SECTION 3.06. (a) Not later than November 1, 2001, the
15-28 governor shall appoint the additional member of the Texas Funeral
15-29 Service Commission required under Subdivision (2), Subsection (a),
15-30 Section 651.051, Occupations Code, as amended by this Act.
15-31 (b) The changes in law made by this Act in the
15-32 qualifications of, and the prohibitions applying to, the members of
15-33 the Texas Funeral Service Commission do not affect the entitlement
15-34 of a person serving as a member of the commission immediately
15-35 before September 1, 2001, to continue to carry out the functions of
15-36 the person's office for the remainder of the person's term. The
15-37 changes in law apply only to a person appointed on or after
15-38 September 1, 2001. This Act does not prohibit a person who is a
15-39 member of the Texas Funeral Service Commission immediately before
15-40 September 1, 2001, from being reappointed as a commission member if
15-41 the person has the qualifications required for the position under
15-42 Subchapter B, Chapter 651, Occupations Code, as amended by this
15-43 Act.
15-44 SECTION 3.07. (a) In accordance with Subsection (c),
15-45 Section 311.031, Government Code, which gives effect to a
15-46 substantive amendment enacted by the same legislature that codifies
15-47 the amended statute, the text of the following gives effect to
15-48 certain changes made by Chapters 1201 and 1476, Acts of the 76th
15-49 Legislature, Regular Session, 1999, as follows:
15-50 (1) Section 651.002, Occupations Code, as set out in
15-51 Section 1.04 of this Act, gives effect to changes made by Section
15-52 1, Chapter 1201;
15-53 (2) Subsection (a), Section 651.051, Occupations Code,
15-54 as set out in Section 1.05 of this Act, gives effect to changes
15-55 made by Section 2, Chapter 1476; and
15-56 (3) Section 651.053, Occupations Code, as set out in
15-57 Section 1.08 of this Act, gives effect to changes made by Sections
15-58 5 and 6, Chapter 1476.
15-59 (b) To the extent of any conflict, this Act prevails over
15-60 another Act of the 77th Legislature, Regular Session, 2001,
15-61 relating to nonsubstantive additions to and corrections in enacted
15-62 codes.
15-63 SECTION 3.08. This Act takes effect September 1, 2001.
15-64 * * * * *