Amend CSHB 1540 (house committee report) on page 10 by striking lines 11 through 17 and substituting the following:

SECTION 20.  Sections 651.259(b) and (e), Occupations Code, are amended to read as follows:

(b)  Any applicant for a license under this section shall file a sworn application that includes:

(1)  a statement that:

(A)  the applicant is the person to whom the license was issued;

(B)  the applicant has good moral character;

(C)  no proceeding has been instituted against the applicant for the cancellation, suspension, or revocation of the license in the state, country, or territory that issued the license; and

(D) [(C)]  no prosecution is pending against the applicant in a state or federal court for an offense that, under the laws of this state, is a felony, or is a misdemeanor related to the practice of embalming or funeral directing; and

(2)  an affidavit of a person described by Subsection (c) verifying that:

(A)  the accompanying license has not been canceled, suspended, or revoked; and

(B)  the statement of the qualifications made in the application for licensure in this state is correct.

(e)  The commission shall conduct a criminal background check on each applicant. [An applicant is not eligible for a license under this section if the applicant has, in the 10 years preceding the date of the application, been finally convicted of a misdemeanor involving moral turpitude or a felony.]