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AN ACT
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relating to the regulation of funeral establishments, including |
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requirements for a retail price list of services provided by such |
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establishments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsections (b) and (c), Section 651.303, |
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Occupations Code, are amended to read as follows: |
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(b) The commission by rule shall define the terms of |
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employment of a provisional license holder. The terms of |
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employment[:
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[(1)] must include service by the provisional license |
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holder[:
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[(A)
of at least 17 hours a week or 73 hours a
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month; and
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[(B)] under actual working conditions and under |
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the personal supervision of a funeral director or embalmer[; and
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[(2)
may not require more than 17 hours a week or 73
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hours a month]. |
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(c) The term of the provisional license program must be at |
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least 12 consecutive months but not more than 24 consecutive |
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months. |
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SECTION 2. Subsection (a), Section 651.405, Occupations |
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Code, is amended to read as follows: |
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(a) "Retail price list" means a printed or typewritten list |
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of the retail price of items or services provided by a funeral |
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establishment and must include the retail price of: |
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(1) transferring a deceased person to the funeral |
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establishment; |
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(2) embalming; |
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(3) using a funeral establishment facility for viewing |
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the deceased; |
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(4) using a funeral establishment facility for funeral |
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services; |
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(5) using a hearse; |
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(6) using a limousine; |
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(7) caskets; |
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(8) outer enclosures; [and] |
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(9) filing a claim seeking life insurance proceeds on |
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behalf of the beneficiaries; and |
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(10) other itemized services provided by the funeral |
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establishment staff. |
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SECTION 3. Subchapter K, Chapter 651, Occupations Code, is |
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amended by adding Section 651.5011 to read as follows: |
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Sec. 651.5011. CHARGING FUNERAL DIRECTOR IN CHARGE WITH |
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VIOLATION. In determining whether to charge a funeral director in |
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charge with a violation based on conduct for which a licensed |
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employee of the funeral establishment was directly responsible, the |
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commission may consider: |
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(1) the nature and seriousness of the violation; |
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(2) the extent to which the licensed employee of the |
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funeral establishment whose conduct is the basis of the violation |
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was under the direct supervision of the funeral director in charge |
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or another person at the time the licensed employee engaged in the |
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conduct; and |
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(3) the causal connection between the supervision of |
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the licensed employee of the funeral establishment by the funeral |
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director in charge and the conduct engaged in by the licensed |
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employee that is the basis of the violation. |
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SECTION 4. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 864 passed the Senate on |
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March 28, 2011, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 23, 2011, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 864 passed the House, with |
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amendment, on May 20, 2011, by the following vote: Yeas 146, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |