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A BILL TO BE ENTITLED
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AN ACT
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relating to the Texas Funeral Service Commission and the regulation |
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of funeral directing and embalming. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 651.001(14), Occupations Code, is |
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amended to read as follows: |
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(14) "Provisional license holder" means a person who: |
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(A) is engaged in learning the practice of |
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funeral directing or embalming under the instruction, direction, |
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and [personal] supervision of a funeral director or embalmer as |
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provided by Section 651.306; and |
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(B) holds a provisional license issued by the |
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commission under this chapter. |
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SECTION 2. Section 651.054(a), Occupations Code, is amended |
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to read as follows: |
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(a) Members of the commission serve staggered six-year |
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terms, with the terms of one-third of the members expiring in each |
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odd-numbered year. [A member may not be appointed for more than one
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full term, except that a member appointed to fill an unexpired term
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with less than three years remaining in the unexpired term may be
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reappointed to the commission for one full term.] |
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SECTION 3. Section 651.253(a), Occupations Code, is amended |
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to read as follows: |
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(a) To be eligible for a funeral director's license or an |
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embalmer's license, an applicant must: |
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(1) be at least 18 years of age; |
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(2) have graduated from an accredited high school or |
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passed an examination prescribed by the Texas Education Agency; |
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(3) have graduated from an accredited school or |
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college of mortuary science; |
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(4) unless the applicant holds a reciprocal embalmer's |
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license, have served as a provisional license holder for not less |
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than one year under the [personal] supervision and instruction of a |
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funeral director or embalmer, as applicable, as provided by Section |
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651.306; and |
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(5) have successfully completed the applicable |
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written examination described by Section 651.255 or 651.256. |
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SECTION 4. Section 651.301, Occupations Code, is amended to |
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read as follows: |
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Sec. 651.301. PROVISIONAL LICENSE REQUIRED. A person must |
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obtain a provisional license before the person may engage in |
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learning the practice of funeral directing or embalming under the |
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instruction, direction, and [personal] supervision in this state of |
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a licensed funeral director or embalmer as provided by Section |
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651.306. |
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SECTION 5. Section 651.302, Occupations Code, is amended to |
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read as follows: |
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Sec. 651.302. APPLICATION; ISSUANCE OF PROVISIONAL |
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LICENSE. (a) The commission shall issue a provisional license to |
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practice funeral directing to an applicant who: |
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(1) is at least 18 years of age; |
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(2) either: |
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(A) has completed the educational requirements |
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of Section 651.253 or is enrolled in an accredited school or college |
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of mortuary science; or |
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(B) [(3)] is employed by a funeral director to |
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learn funeral directing [or embalming] under the instruction and |
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supervision of the funeral director as provided by Section 651.306; |
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(3) [(4)] files an application for a provisional |
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license on a form provided by the commission and verified under oath |
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by the applicant; and |
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(4) [(5)] pays any required application or license |
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fee. |
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(b) The commission shall issue a provisional license to |
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practice embalming to an applicant who: |
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(1) is at least 18 years of age; |
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(2) either: |
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(A) has completed the educational requirements |
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of Section 651.253 or is enrolled in an accredited school or college |
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of mortuary science; or |
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(B) is employed by an embalmer to learn embalming |
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under the instruction and supervision of the embalmer as provided |
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by Section 651.306; |
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(3) files an application for a provisional license; |
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(4) pays any required application or license fee; and |
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(5) complies with the requirements of this chapter and |
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of the commission. |
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SECTION 6. Sections 651.303(b) and (c), Occupations Code, |
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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 must include service by the provisional license holder |
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under actual working conditions and under the [personal] |
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supervision of a funeral director or embalmer as provided by |
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Section 651.306. |
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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. The commission may extend the term of the provisional |
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license program for not more than 12 additional months for a |
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provisional license holder who requests and receives an extension |
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based on hardship under Section 651.305(e). |
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SECTION 7. Section 651.305(d), Occupations Code, is amended |
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to read as follows: |
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(d) If the renewal fee and penalty are not paid before the |
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91st day after the date of the notice of suspension, the commission |
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shall cancel the license. [If the license is canceled under this
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subsection, the provisional license holder may apply for
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reinstatement not later than 18 months after the date of
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cancellation. The commission may reinstate the canceled license
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if:
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[(1)
all other commission requirements are satisfied;
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and
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[(2)
the license fee and a late payment penalty equal
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to the amount of the license fee for the period of the cancellation
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are paid.] |
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SECTION 8. Section 651.306, Occupations Code, is amended to |
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read as follows: |
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Sec. 651.306. [PERSONAL] SUPERVISION OF PROVISIONAL |
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LICENSE HOLDER. (a) Except as provided by Subsection (b), a |
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provisional license holder may practice only under the personal |
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supervision of a funeral director or embalmer. For the purposes of |
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this chapter, personal supervision requires the physical presence |
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of a funeral director or embalmer at the specified place and time a |
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funeral service is provided. |
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(b) After a provisional license holder has practiced under |
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the personal supervision of a funeral director or embalmer for at |
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least six months and has attained a score of at least 75 percent on |
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the Texas laws examination given by the commission, the funeral |
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director or embalmer under whom the provisional license holder is |
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training may submit to the commission an affidavit of proficiency |
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for the provisional license holder. If the commission approves the |
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affidavit of proficiency, the provisional license holder may |
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practice under the general supervision of a funeral director or |
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embalmer. For purposes of this chapter, general supervision |
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requires a funeral director or embalmer to be present on the |
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premises where a funeral service is provided. |
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SECTION 9. Section 651.302, Occupations Code, as amended by |
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this Act, applies only to a person who files an application for a |
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provisional license on or after the effective date of this Act. A |
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person who files an application before the effective date of this |
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Act is governed by the law in effect on the date the application was |
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filed, and the former law is continued in effect for that purpose. |
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SECTION 10. This Act takes effect September 1, 2013. |