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A BILL TO BE ENTITLED
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AN ACT
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relating to an exemption from certain requirements for certain |
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funeral establishments that do not perform embalming services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 651.351(g) and (h), Occupations Code, |
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are amended to read as follows: |
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(g) A [The commission may exempt a] funeral establishment is |
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exempt from the requirements of Subsections (d)(3), (4), and (5) |
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[Subsection (d)(5)] if[:
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[(1)] the majority owner or designated agent of record |
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of a funeral establishment submits a written notice of the |
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exemption [petition] to the commission [requesting an exemption
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and] stating: |
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(1) [(A)] the establishment's name and address; |
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(2) [ |
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(B)] that the establishment is located |
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within 75 [50] miles of a facility owned by the establishment, |
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operating under the same name as the establishment, [requesting the
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exemption] and at which embalming services may be performed; and |
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(3) [(C)] that no embalming services will be |
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performed at the establishment[; and
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[(2)
the commission determines that the criteria in
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Subdivision (1) have been met]. |
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(h) An [The executive director shall notify the petitioner
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of the commission's decision.
The] exemption under Subsection (g) |
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remains in effect until: |
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(1) the establishment no longer meets the requirements |
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of Subsection (g)(2) [is no longer located within 50 miles of a
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facility owned by the exempt establishment or at which embalming
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services may be performed]; or |
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(2) an embalming service has been performed at the |
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establishment. |
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SECTION 2. The changes in law made by this Act apply only to |
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a funeral establishment that submits a notice under Section |
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651.351(g), Occupations Code, as amended by this Act, on or after |
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the effective date of this Act. A funeral establishment that |
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submitted a petition or was granted an exemption under Section |
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651.351(g), Occupations Code, before the effective date of this Act |
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is governed by the law in effect immediately before the effective |
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date of this Act, and the former law is continued in effect for the |
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handling of the petition and for the exemption provided by that |
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section. A funeral establishment that submitted a petition or was |
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granted an exemption under Section 651.351(g), Occupations Code, |
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before the effective date of this Act may submit a notice under |
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Section 651.351(g), Occupations Code, as amended by this Act, in |
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which case the funeral establishment is governed by the law in |
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effect on the date the notice is submitted. |
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SECTION 3. This Act takes effect September 1, 2013. |