BILL ANALYSIS
By: Dutton
Committee Report (Substituted)
BACKGROUND AND PURPOSE
Many times, particularly in the more populated counties of Texas, the funeral director is unable to contact a knowledgeable survivor immediately, or the physician of the deceased. This causes a backlog of cases making it increasingly difficult for the funeral director to satisfy the time requirement, which the Texas Funeral Service Commission strictly enforces against its licensees. The funeral director, however, must still complete the certificate and get it filed within ten days of the subject's death.
CSHB 755 would prevent disciplinary action against a person for failing to timely file a death certificate if the person supplies written documentation that the person has made a good faith effort to file the certificate within the time required and that failure to timely file was a result of circumstances beyond their control.
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
CSHB 755 provides that a state agency that licenses a person required to file a death certificate
under Chapter 193, DEATH RECORDS, of the Health and Safety Code may not take disciplinary action against the person for failure to timely file the certificate if the person supplies written documentation that the person has made a good faith effort to file the certificate not later than the 10th day after the date of a death and the failure to timely file the certificate results from circumstances beyond the person’s control.
EFFECTIVE DATE
September 1, 2007.
COMPARISON OF ORIGINAL TO SUBSTITUTE
CSHB 755 modifies the original bill by including language to require the person who filed the certificate to supply written documentation that the person made a good faith effort to file the certificate within the required time.