BILL ANALYSIS

 

 

                                                                                                                                               H.B. 56

                                                                                                                                     By: Isett, Carl

                                                                                                                                      Public Health

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

In the 78th Regular Session, the Legislature passed HB 587, allowing funeral establishments to own and operate a crematory on their premises. "Funeral establishment" was seen by many to be a broad and generic term, and therefore some people purchased or made arrangements to relocate existing crematory services to another property.  However, those holding a commercial embalmer's license were not deemed to be funeral establishments, and were thus not allowed to hold a crematory establishment license under the statute.  HB 56 clarifies the statute and allows a person who holds a commercial embalmer's license to also hold a crematory establishment license.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

HB 56 amends the Occupation Code to provide that a person may not hold a crematory establishment license unless the person holds a commercial embalmers establishment license. The bill expands the definition of a "commercial embalmers establishment" to include a licensed commercial embalmers establishment that meets licensing requirements under Subchapter N may hold a crematory establishment license.

 

EFFECTIVE DATE

 

September 1, 2007.