78R7189 YDB-D
By: Marchant H.B. No. 587
A BILL TO BE ENTITLED
AN ACT
relating to the cremation of human remains and the operation of
crematories and certain related entities; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading of Subtitle C, Title 8, Health and
Safety Code, is amended to read as follows:
SUBTITLE C. CEMETERIES AND CREMATORIES
SECTION 2. Subtitle C, Title 8, Health and Safety Code, is
amended by adding Chapter 716 to read as follows:
CHAPTER 716. CREMATORIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 716.001. DEFINITIONS. In this chapter:
(1) "Authorizing agent" means a person authorized to
dispose of a decedent's remains under Section 711.002.
(2) "Cemetery" has the meaning assigned by Section
711.001.
(3) "Commission" means the Texas Funeral Service
Commission.
(4) "Cremated remains" means the recoverable human
remains after the completion of the cremation process. The term may
include the residue of any nonhuman matter cremated with the
deceased human body including casket material, bridgework,
eyeglasses, or other material.
(5) "Cremation" means the irreversible process of
reducing human remains to bone fragments through direct flame,
extreme heat, and evaporation. The term may include pulverization,
which is the process of reducing identifiable bone fragments after
cremation and processing granulated particles by manual or
mechanical means.
(6) "Cremation chamber" means an enclosed retort used
exclusively for cremation of human remains.
(7) "Cremation container" means a casket or other
container designed to transport a deceased human body and for
placement in a cremation chamber during cremation.
(8) "Cremation interment container" means a rigid
outer container composed of concrete, steel, fiberglass, or similar
material used for the ground burial of cremated remains that meets a
cemetery's specifications.
(9) "Crematory" means a structure containing a retort
used or intended to be used for cremation of human remains.
(10) "Crematory establishment" means a business that
operates a crematory for which a license is required under
Subchapter N, Chapter 651, Occupations Code.
(11) "Funeral director" has the meaning assigned by
Section 651.001, Occupations Code.
(12) "Funeral establishment" has the meaning assigned
by Section 651.001, Occupations Code.
(13) "Scattering area" means an area designated for
scattering cremated remains. The term includes dedicated cemetery
property on which cremated remains may be:
(A) mixed with or placed on top of soil or ground
cover; or
(B) commingled and buried in an underground
receptacle.
(14) "Temporary container" means a receptacle
composed of cardboard, plastic, or similar material designed to
temporarily store cremated remains until the remains are placed in
an urn or other permanent container.
(15) "Urn" means a container designed to permanently
store cremated remains.
Sec. 716.002. CREMATION RULES. The commission may adopt
rules consistent with this chapter and Chapter 651, Occupations
Code, to govern the cremation of human remains.
Sec. 716.003. LOCATION OF CREMATORY. (a) A crematory may
be constructed on or adjacent to a perpetual care cemetery or
adjacent to a funeral establishment.
(b) A crematory, other than a crematory registered with the
commission on September 1, 2003, must:
(1) be adjacent to a perpetual care cemetery or
funeral establishment; and
(2) be owned or operated by the person that owns or
operates the perpetual care cemetery or funeral establishment.
(c) In this section, "adjacent to" means that a part of the
property on which the crematory is to be constructed has a common
boundary with:
(1) the perpetual care cemetery or property on which
the funeral establishment is located; or
(2) a public easement, a utility easement, or a
railroad right-of-way that has a common boundary with the perpetual
care cemetery or property on which the funeral establishment is
located.
Sec. 716.004. WAITING PERIOD FOR CREMATION. (a) A
crematory establishment may not cremate human remains within 48
hours of the time of death indicated on a death certificate unless
the waiting period is waived in writing by:
(1) a justice of the peace or medical examiner of the
county in which the death occurred; or
(2) a court order.
(b) Unless a crematory establishment is also licensed as a
funeral establishment, the crematory establishment may not accept
any deceased human remains for cremation until the cremation is
authorized in writing by a justice of the peace or medical examiner
of the county in which the death occurred.
Sec. 716.005. CREMATORY ESTABLISHMENT PROCEDURES. A
crematory establishment may adopt procedures not inconsistent with
this chapter for the management and operation of a crematory.
Sec. 716.006. APPLICABILITY OF CHAPTER TO OTHER LAW. This
chapter may not be construed to require a funeral director to
perform any act not otherwise authorized by other law.
[Sections 716.007-716.050 reserved for expansion]
SUBCHAPTER B. AUTHORIZATION REQUIREMENTS
Sec. 716.051. CREMATION AUTHORIZATION. Except as otherwise
provided in this chapter, a crematory establishment may not
cremate deceased human remains until it receives:
(1) a cremation authorization form signed by an
authorizing agent; and
(2) a death certificate or other death record that
indicates the deceased human remains may be cremated.
Sec. 716.052. CREMATION AUTHORIZATION FORM. (a) A
cremation authorization form must:
(1) identify the deceased person and the time and date
of death;
(2) include the name and address of the funeral
director or other person that contracted to provide for the
cremation;
(3) identify the authorizing agent and the
relationship between the authorizing agent and the deceased person;
(4) include a statement by the authorizing agent that:
(A) the authorizing agent has the right to
authorize the cremation of the deceased person and is not aware of
any person with a superior or equal priority right; or
(B) if another person has an equal priority right
to authorize cremation, the authorizing agent:
(i) has made all reasonable efforts but
failed to contact that person and believes the person would not
object to the cremation; and
(ii) agrees to indemnify and hold harmless
the funeral establishment and the crematory establishment for any
liability arising from performing the cremation without the
person's authorization;
(5) authorize the crematory establishment to cremate
the human remains;
(6) declare the human remains do not contain a
pacemaker or any other material or implant that may potentially be
hazardous or cause damage to the cremation chamber or the person
performing the cremation;
(7) include the name of the funeral establishment or
other person authorized to receive the cremated remains from the
crematory establishment;
(8) detail the manner of permanent disposition of the
cremated remains, if known;
(9) list any items of value delivered to the crematory
establishment along with the human remains and include instructions
on the handling of the items;
(10) specify whether the authorizing agent has
arranged for a viewing of the deceased person or service with the
deceased person present before cremation and the date and time of
the viewing or service; and
(11) include the signature of the authorizing agent
attesting to the accuracy of all representations contained on the
cremation authorization form.
(b) A cremation authorization form must include a written
notice to the authorizing agent that:
(1) the authorizing agent assumes responsibility for
the disposition of the cremated remains; and
(2) the crematory establishment may:
(A) release to the authorizing agent, in person,
the cremated remains of the deceased person;
(B) ship the cremated remains to the authorizing
agent if the agent authorizes shipment and provides a shipping
address on the authorization form; or
(C) dispose of the cremated remains in accordance
with this chapter not earlier than the 121st day following the date
of cremation if the cremated remains have not been claimed by the
authorizing agent.
(c) A funeral director or other representative of a funeral
establishment that contracts to provide for the cremation of
deceased human remains must sign the cremation authorization form.
(d) A crematory establishment shall provide a cremation
authorization form to an authorizing agent on request.
Sec. 716.053. DELEGATION OF CREMATION AUTHORIZATION
AUTHORITY. (a) An authorizing agent may delegate to a
representative in writing the authority to execute a cremation
authorization form.
(b) An authorizing agent's written delegation of authority
must be notarized and include:
(1) the name and address of the authorizing agent and
the relationship of the authorizing agent to the deceased person;
(2) the name and address of the representative; and
(3) an acknowledgment by the authorizing agent that
the representative may serve as the authorizing agent and execute
the cremation authorization form.
(c) A crematory establishment is not liable in a civil
action for relying on a cremation authorization form executed by a
representative of the authorizing agent to whom authority is
delegated in accordance with this section.
[Sections 716.054–716.100 reserved for expansion]
SUBCHAPTER C. RECEIPT AND IDENTIFICATION OF REMAINS
Sec. 716.101. UNIDENTIFIED HUMAN REMAINS. A crematory
establishment may not accept for cremation unidentified human
remains.
Sec. 716.102. RECEIPT ACKNOWLEDGING ACCEPTANCE OF REMAINS.
(a) A crematory establishment shall furnish to a representative of
a funeral establishment who delivers deceased human remains to the
crematory establishment a receipt that includes:
(1) the signature and printed name of the
representative who delivered the remains;
(2) the date and time of the delivery;
(3) the type of cremation container in which the
remains were delivered;
(4) the name of the funeral establishment or other
entity that contracted to provide for the cremation;
(5) the name of the individual who received the human
remains on behalf of the crematory; and
(6) the name of the deceased person.
(b) The crematory establishment shall retain a copy of the
receipt required by Subsection (a) in the crematory establishment's
records.
Sec. 716.103. IDENTIFICATION RESPONSIBILITY OF CREMATORY.
A crematory establishment shall place on the exterior of a
cremation container a label with the deceased person's name as
provided by the authorizing agent unless the crematory
establishment knows the name is incorrect.
Sec. 716.104. IDENTIFICATION RESPONSIBILITIES OF FUNERAL
DIRECTOR OR ESTABLISHMENT. (a) A funeral director or funeral
establishment shall provide a signed written statement to a
crematory establishment that the human remains delivered to the
crematory establishment were positively identified as the deceased
person listed on the cremation authorization form by the
authorizing agent or a representative of the authorizing agent
delegated as provided by Section 716.053.
(b) An authorizing agent or the delegated representative of
the agent may identify a deceased person in person or by photograph.
The authorizing agent may waive the right of identification.
[Sections 716.105–716.150 reserved for expansion]
SUBCHAPTER D. CREMATION PROCEDURES
Sec. 716.151. CREMATION CONTAINERS. (a) Human remains
must be placed in a cremation container that:
(1) is made of combustible materials suitable for
cremation;
(2) provides a complete covering of the body;
(3) is resistant to leakage or spillage;
(4) is rigid for easy handling; and
(5) protects the health and safety of crematory
personnel.
(b) A crematory establishment may not remove human remains
from a cremation container and must cremate the cremation container
with the human remains.
(c) Except as provided by this section, a crematory
establishment may not:
(1) require that deceased human remains be placed in a
casket before cremation or that remains be cremated in a casket; or
(2) refuse to accept for cremation remains that have
not been placed in a casket.
Sec. 716.152. CREMATION PROCESS. (a) A crematory
establishment is not required to accept a cremation container that
evidences leakage of human body fluids.
(b) A person other than a crematory establishment employee,
the authorizing agent, or a representative delegated as provided by
Section 716.053 and approved by the crematory establishment may not
be present in a crematory area during:
(1) the cremation of deceased human remains; or
(2) the removal of the remains from the cremation
chamber.
(c) Immediately before placing deceased human remains in a
cremation chamber, a crematory establishment employee must verify
and remove the identification label from the cremation container
and place the label near the cremation chamber control panel until
the cremation process is complete.
(d) To the extent practicable, the crematory establishment
shall remove all recoverable cremation residue from the cremation
chamber following cremation and pulverize any bone fragments as
necessary. The crematory establishment shall remove and dispose of
any other material included with the residue.
Sec. 716.153. SIMULTANEOUS CREMATION. (a) A crematory
establishment may not simultaneously cremate the deceased human
remains of more than one person in the same cremation chamber unless
authorized in writing by the authorizing agent of each deceased
person.
(b) A crematory establishment is not civilly or criminally
liable for commingling human remains during cremation if each
authorizing agent provides a signed written statement authorizing
the simultaneous cremation.
Sec. 716.154. PACEMAKERS. (a) A crematory establishment
may not knowingly cremate deceased human remains containing a
pacemaker or other potentially hazardous implant.
(b) An authorizing agent who knows of the existence of a
pacemaker or other potentially hazardous implant in deceased human
remains shall notify the funeral director and crematory
establishment. The authorizing agent shall ensure that the
pacemaker or other potentially hazardous implant is removed from
the remains before cremation.
(c) If an authorizing agent discloses to the funeral
director on the cremation authorization form the presence of a
pacemaker or other potentially hazardous implant in the deceased
human remains, the funeral director shall ensure that the pacemaker
or other potentially hazardous implant is removed from the remains
before delivering the remains to the crematory establishment.
(d) An authorizing agent or funeral director that violates
Subsection (b) or (c) is liable to the crematory establishment in a
civil action for any damages resulting from cremation of the
remains containing the pacemaker or other potentially hazardous
implant.
Sec. 716.155. TEMPORARY CONTAINER OR URN. (a) A crematory
establishment shall place the cremated remains with proper
identification in a temporary container or urn unless otherwise
instructed in writing by the authorizing agent.
(b) The crematory establishment may not commingle the
cremated remains with other cremated remains or include any other
object or material in the temporary container or urn unless
authorized in writing by the authorizing agent unless otherwise
provided by this chapter.
(c) A crematory establishment shall place a label on a
temporary container that:
(1) discloses the temporary container is not intended
for the permanent storage of cremated remains in a niche, crypt,
cremation interment container, or interment space;
(2) includes the deceased person's name; and
(3) includes the name of the crematory establishment.
(d) A crematory establishment shall release all cremated
remains to an authorizing agent, a representative delegated as
provided by Section 716.053, or an employee of the funeral
establishment if the authorizing agent authorized the release on
the authorization form. Any cremated remains that do not fit in a
temporary container or urn must be returned to the authorizing
agent, representative, or employee in a separate temporary
container that meets the requirements of this section.
(e) A crematory establishment may ship cremated remains
only by a method with an internal tracking system that provides a
receipt signed by the person accepting delivery. The outside of the
container in which the cremated remains are placed for shipment
must display a label that includes:
(1) the deceased person's name;
(2) the name of the crematory establishment; and
(3) a warning that the container is temporary, if a
temporary container is used.
Sec. 716.156. RELEASE OF REMAINS. (a) A crematory
establishment shall:
(1) release the cremated remains to a representative
of the funeral establishment that delivered the deceased human
remains to the crematory establishment;
(2) release the cremated remains to the person
authorized to receive the remains on the cremation authorization
form; or
(3) ship the remains to the shipping address provided
by the authorizing agent on the cremation authorization form not
later than the 30th day following the date of cremation.
(b) A crematory establishment shall furnish to a person who
receives the cremated remains a receipt that includes:
(1) the date and time of release;
(2) the printed name of the person who receives the
cremated remains;
(3) the name of the funeral establishment or other
entity who contracted to provide for the cremation;
(4) the printed name of the person who released the
cremated remains on behalf of the crematory establishment; and
(5) the name of the deceased person.
(c) A crematory establishment shall retain a copy of the
receipt required by this section in the crematory establishment's
records.
[Sections 716.157-716.200 reserved for expansion]
SUBCHAPTER E. DISPUTES AND LIABILITY
Sec. 716.201. CREMATION DISPUTE. (a) Until authorized by a
valid court order, a crematory establishment, funeral
establishment, cemetery, or other person may refuse to accept
deceased human remains or to perform a cremation if the crematory
establishment, funeral establishment, cemetery, or person is aware
of:
(1) a dispute that has not been resolved or settled
concerning the cremation of the remains;
(2) a reasonable basis for questioning any
representation made by the authorizing agent; or
(3) any other lawful reason for refusing to accept or
cremate the remains.
(b) A crematory establishment, funeral establishment,
cemetery, or other person aware of any dispute concerning the
release or disposition of the cremated remains may refuse to
release the remains until:
(1) the dispute has been resolved or settled; or
(2) authorized by a valid court order to release or
dispose of the remains.
(c) A crematory establishment, funeral establishment,
cemetery, or other person is not liable in a civil action or
criminal prosecution for refusing to accept or cremate human
remains in accordance with Subsection (a) or for refusing to
release or dispose of or releasing or disposing of cremated remains
in accordance with Subsection (b).
Sec. 716.202. LIABILITY OF AUTHORIZING AGENT. An
authorizing agent who signs a cremation authorization form is
subject to Section 711.002(f) and attests to the truthfulness of
the facts set forth in the form, including the identity of the
deceased person and the agent's authority under this chapter and
Section 711.002.
Sec. 716.203. LIABILITY OF CREMATORY ESTABLISHMENT,
FUNERAL ESTABLISHMENT, FUNERAL DIRECTOR, CEMETERY, OR OTHER
PERSON. (a) A crematory establishment, funeral establishment,
funeral director, cemetery, or other person that contracts to
provide for a cremation, accepts human remains, cremates human
remains, or releases or disposes of the cremated remains as
provided on a cremation authorization form is not criminally or
civilly liable for performing the actions authorized.
(b) A crematory establishment or funeral establishment is
not criminally or civilly liable for disposing of cremated remains
after the 120th day after the date of cremation in accordance with
this chapter if:
(1) the authorizing agent did not authorize shipment
of the remains or provide a shipping address on the authorization
form; and
(2) the authorizing agent did not claim the remains
before the 121st day following the date of cremation.
(c) A crematory establishment is not liable in a civil
action or criminal prosecution for any valuables delivered with
human remains if the crematory establishment exercises reasonable
care in protecting the valuables.
(d) A crematory establishment, funeral establishment,
funeral director, cemetery, or other person is not liable in a civil
action for:
(1) the acts of a crematory establishment employee
that are outside the scope of the employee's authority or
responsibility; or
(2) representations made by the authorizing agent or
the agent's representative in the cremation authorization form.
[Sections 716.204–716.250 reserved for expansion]
SUBCHAPTER F. RECORDS
Sec. 716.251. CREMATORY ESTABLISHMENT RECORDS. (a) A
crematory establishment shall maintain a record at its place of
business of each cremation. The record must contain:
(1) the name of the deceased person;
(2) the date of the cremation;
(3) the final disposition of the cremated remains; and
(4) any other document required by this chapter.
(b) A record must be kept on file at least until the fifth
anniversary of the cremation.
[Sections 716.252–716.300 reserved for expansion]
SUBCHAPTER G. DISPOSITION OF REMAINS
Sec. 716.301. TRANSPORT OF CREMATED REMAINS. On delivery
of the cremated remains by a crematory establishment, an
authorizing agent or the representative delegated by the
authorizing agent as provided by Section 716.053 may transport the
remains without a permit in any manner in this state and finally
dispose of the cremated remains in accordance with this subchapter.
Sec. 716.302. DISPOSITION OF CREMATED REMAINS. (a) An
authorizing agent shall provide to a crematory establishment a
signed written statement disclosing the final disposition of the
cremated remains, if known. The crematory establishment shall
retain a copy of the statement in the crematory establishment's
records.
(b) The authorizing agent is responsible for disposing of
cremated remains.
(c) Not earlier than the 121st day following the date of
cremation, if the authorizing agent or the agent's representative
has not specified the final disposition of or claimed the cremated
remains, the crematory establishment or funeral establishment, if
the cremated remains have been released to an employee of the
funeral establishment in accordance with the authorization form,
may dispose of the cremated remains in accordance with this
subchapter. The crematory establishment or funeral establishment,
as applicable, shall retain a record of the disposition in the
establishment's records.
(d) An authorizing agent is responsible for all reasonable
expenses incurred in disposing of the cremated remains under
Subsection (c).
(e) A person may dispose of cremated remains only:
(1) in a crypt, niche, grave, or scattering area of a
dedicated cemetery;
(2) by scattering the remains over uninhabited public
land, sea, or other public waterways in accordance with Section
716.304; or
(3) on private property as directed by the authorizing
agent with the written consent of the property owner in accordance
with Section 716.304.
Sec. 716.303. COMMINGLING OF REMAINS. Unless authorized in
writing by the authorizing agent, a person may not:
(1) dispose of or scatter cremated remains in a manner
or at a location that commingles the remains with other cremated
remains, except by air over a scattering area or by sea; or
(2) place the cremated remains of more than one
deceased person in the same urn or other container.
Sec. 716.304. SCATTERING REMAINS. A person may scatter
cremated remains over uninhabited public land, over a public
waterway or sea, or on the private property of a consenting owner,
if the remains are reduced to a particle size of one-eighth inch or
less. Unless the container is biodegradable, the cremated remains
must be removed from the container before being scattered.
[Sections 716.305-716.350 reserved for expansion]
SUBCHAPTER H. PENALTY
Sec. 716.351. CRIMINAL PENALTY. (a) A person commits an
offense if the person:
(1) cremates human remains without receipt of a
cremation authorization form signed by an authorizing agent;
(2) signs a cremation authorization form with actual
knowledge that the form contains false or incorrect information; or
(3) represents to the public that the person may
cremate human remains without being licensed as provided by
Subchapter N, Chapter 651, Occupations Code.
(b) An offense under Subsection (a) is a Class B
misdemeanor.
SECTION 3. Section 651.5061, Occupations Code, is amended
to read as follows:
Sec. 651.5061. WAIVER OF HEARING BY FUNERAL OR CREMATORY
ESTABLISHMENT. A funeral or crematory establishment alleged to
have violated this chapter or a rule adopted under this chapter may
waive the right to a hearing as provided by Section 651.506 by
written notification to the commission.
SECTION 4. Subchapter K, Chapter 651, Occupations Code, is
amended by adding Section 651.508 to read as follows:
Sec. 651.508. ENFORCEMENT OF LAW REGULATING CREMATORIES.
For purposes of this subchapter, a person regulated under this
chapter that violates Chapter 716, Health and Safety Code, violates
this chapter.
SECTION 5. Subchapter L, Chapter 651, Occupations Code, is
amended by adding Section 651.559 to read as follows:
Sec. 651.559. ENFORCEMENT OF LAW REGULATING CREMATORIES.
For purposes of this subchapter, a person regulated under this
chapter that violates Chapter 716, Health and Safety Code, violates
this chapter.
SECTION 6. Section 651.601, Occupations Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) The commission may bring an action for appropriate
injunctive relief against a crematory establishment that violates
this chapter or a rule adopted under this chapter.
SECTION 7. The heading to Subchapter N, Chapter 651,
Occupations Code, is amended to read as follows:
SUBCHAPTER N. REGISTRATION AND LICENSING REQUIREMENTS: CEMETERIES
AND CREMATORIES
SECTION 8. Section 651.651, Occupations Code, is amended to
read as follows:
Sec. 651.651. DEFINITIONS [DEFINITION]. In this
subchapter:
(1) "Cremation" means the irreversible process of
reducing human remains to bone fragments through direct flame,
extreme heat, and evaporation. The term may include pulverization,
which is the process of reducing identifiable bone fragments after
cremation and processing granulated particles by manual or
mechanical means.
(2) "Crematory establishment" means a business
licensed under this subchapter to operate a crematory and to
perform cremation services.
(3) [,] "Perpetual [perpetual] care cemetery" means a
cemetery that operates as [person who notifies the Texas Department
of Banking of its intent to operate] a perpetual care cemetery in
accordance with Chapter 712 [in this state under Section 712.0031],
Health and Safety Code.
SECTION 9. Section 651.652(b), Occupations Code, is amended
to read as follows:
(b) This subchapter does not apply to the maintenance of a
cemetery [or crematory], including maintenance of any goods or
services provided under Chapter 711 or 712, Health and Safety Code.
SECTION 10. The heading to Section 651.653, Occupations
Code, is amended to read as follows:
Sec. 651.653. CEMETERY [OR CREMATORY] REGISTRATION
REQUIREMENTS.
SECTION 11. Sections 651.653(a), (b), and (d), Occupations
Code, are amended to read as follows:
(a) A person may not conduct a cemetery [or crematory]
business in this state unless a person [an individual] who is the
owner or operator of the cemetery [or crematory] registers with the
commission.
(b) A cemetery [or crematory] may be owned by a person who is
not registered under this chapter.
(d) The person [individual] must:
(1) explain the purpose of the cemetery [or crematory]
business;
(2) provide the address and other contact information
for the business; and
(3) identify the [individual] owner or operator who is
registering.
SECTION 12. The heading to Section 651.655, Occupations
Code, is amended to read as follows:
Sec. 651.655. RENEWAL OF CEMETERY [OR CREMATORY]
REGISTRATION.
SECTION 13. Section 651.655(c), Occupations Code, is
amended to read as follows:
(c) If the registration is expired for longer than 30 days,
the registrant may not renew the registration, and the cemetery [or
crematory] may not be operated, until the owner or operator
registers as provided by Section 651.653.
SECTION 14. Subchapter N, Chapter 651, Occupations Code, is
amended by adding Sections 651.656, 651.657, and 651.658 to read as
follows:
Sec. 651.656. CREMATORY ESTABLISHMENT LICENSE REQUIRED.
(a) A person may not conduct a crematory business in this state
unless the person who is the owner or operator of the crematory
holds a crematory establishment license issued by the commission.
(b) A person may not hold a crematory establishment license
unless the person holds a funeral establishment license or owns or
operates a perpetual care cemetery.
(c) Subsection (b) does not apply to the owner or operator
of a crematory registered with the commission on September 1, 2003.
(d) The commission by rule shall establish the fee for a
crematory establishment license under this subchapter in an amount
sufficient to cover the costs of regulating crematory
establishments under this subchapter, including discipline and
investigation of complaints.
Sec. 651.657. CREMATORY ESTABLISHMENT LICENSE APPLICATION.
(a) An applicant for a crematory establishment license must:
(1) submit a written license application to the
commission;
(2) pay the application fee; and
(3) provide proof satisfactory to the commission that
the owner or operator of the crematory is trained and certified by a
reputable organization approved by the commission, such as the
Cremation Association of North America.
(b) An application for a license or renewal of a license as a
crematory establishment must include:
(1) the full business name of the crematory
establishment;
(2) the address of:
(A) the applicant if the business is owned by an
individual;
(B) each partner if the business is a
partnership;
(C) each member of the board of directors if the
business is an association; or
(D) each shareholder who owns more than 25
percent of the corporate stock and each officer and director if the
business is a corporation;
(3) a statement from each individual named under
Subdivision (2) that details:
(A) the individual's business experience for the
previous 10 years;
(B) any felony or misdemeanor conviction of the
individual;
(C) any involvement of the individual as a
defendant in a civil action involving allegations of fraud; and
(D) a suspension by this state or any other state
of any license related to funeral directing or the operation of a
cemetery or crematory;
(4) the location of the crematory; and
(5) the date the business was established.
(c) An application for a license or renewal of a license
must be on a form furnished by the commission.
Sec. 651.658. CREMATORY ESTABLISHMENT LICENSE RENEWAL AND
ANNUAL REPORT; PENALTY. (a) To renew a crematory establishment
license, the crematory establishment must annually:
(1) file a report with the commission that lists the
number of cremations performed at the crematory during the previous
year;
(2) pay the license renewal fee; and
(3) provide the information required by Section
651.657 or a written statement that the information has not changed
since previously provided.
(b) The commission shall mail written notice to a license
holder of the impending expiration of the license not later than the
30th day before the expiration date of the license. The notice must
state that to renew the license, the license holder must pay the
renewal fee not later than the date on which the license expires.
(c) A license holder who fails to pay the renewal fee on or
before the expiration date is subject to a late payment penalty
equal to the amount of the renewal fee.
(d) A person may not renew a license that has been expired
for more than 30 days. A person holding a license that has been
expired for more than 30 days must apply for a new license as
required by this subchapter to conduct a crematory business.
(e) The commission shall grant an extension for filing the
annual report required by this section on the written request of a
crematory establishment for good cause. An extension may not
exceed 60 days. The commission may grant additional extensions for
good cause.
(f) The commission shall impose a $100 late fee for each day
a crematory establishment fails to submit the annual report
required by this section if an extension has not been granted.
SECTION 15. Section 711.006, Health and Safety Code, is
repealed.
SECTION 16. (a) Not later than November 1, 2003, the Texas
Funeral Service Commission shall:
(1) develop the crematory application form required
for licensing and license renewal under Section 651.657,
Occupations Code, as added by this Act;
(2) adopt the rules required by Section 716.002,
Health and Safety Code, as added by this Act;
(3) establish the procedures and qualifications for a
crematory establishment license as required by Subchapter N,
Chapter 651, Occupations Code, as amended by this Act; and
(4) determine the organizations approved to train and
certify the owner or operator of the crematory as required by
Section 651.657(a)(3), Occupations Code, as added by this Act.
(b) An owner or operator of a crematory that is registered
as required by Subchapter N, Chapter 651, Occupations Code, before
the effective date of this Act may continue to conduct a crematory
business in this state after that date in the same manner as if the
crematory held a crematory establishment license under Subchapter
N, Chapter 651, Occupations Code, as amended by this Act.
(c) The owner or operator of a crematory establishment that
is registered as required by Subchapter N, Chapter 651, Occupations
Code, before the effective date of this Act shall comply with the
licensing renewal and annual report requirements of Section
651.658, Occupations Code, as added by this Act, on the first
renewal of the registration that occurs after December 31, 2003.
(d) Subchapter N, Chapter 651, Occupations Code, as amended
by this Act, and Chapter 716, Health and Safety Code, as added by
this Act, apply only to the operation of a crematory establishment
on or after January 1, 2004. The operation of a crematory
establishment before January 1, 2004, is governed by the law in
effect immediately before the effective date of this Act, and that
law is continued in effect for this purpose.
(e) The repeal by this Act of Section 711.006, Health and
Safety Code, applies only to a cause of action that accrues on or
after January 1, 2004. A cause of action that accrues before
January 1, 2004, is governed by the law in effect at the time the
cause of action accrues, and that law is continued in effect for
this purpose.
SECTION 17. This Act takes effect September 1, 2003, except
that Section 15 of this Act takes effect January 1, 2004.