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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of funeral service practitioners. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 150, Civil Practice and Remedies Code, |
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is amended by adding Section 150.005 to read as follows: |
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Sec. 150.005. LIABILITY FOR FUNERAL-RELATED SERVICES |
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RENDERED DURING EMERGENCY OR DISASTER. (a) This section applies |
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only to a person who holds a license issued under Chapter 651, |
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Occupations Code, and provides services that are: |
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(1) within the scope of the person's license; and |
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(2) in response to and provided during the duration of |
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a declared state of disaster under Section 418.014, Government |
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Code, or a proclaimed state of emergency under Section 433.001, |
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Government Code. |
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(b) A licensed practitioner who provides the services to |
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which this section applies is not liable for civil damages, |
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including personal injury, wrongful death, property damage, or |
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other loss related to the practitioner's act, error, or omission in |
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the performance of the services, unless the act, error, or omission |
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constitutes: |
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(1) gross negligence; or |
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(2) wanton, wilful, or intentional misconduct. |
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SECTION 2. Section 651.259, Occupations Code, is amended by |
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adding Subsection (h) to read as follows: |
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(h) This subsection applies only during a state of disaster |
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declared by the governor under Section 418.014, Government Code, |
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and on the commission's determination that the nature of the |
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disaster creates a substantial increase in the need for services |
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provided by a person licensed under this chapter. The commission |
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shall, as soon as practicable after an applicant who holds a license |
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issued by another state, country, or territory having license |
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requirements substantially equivalent to the requirements of this |
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state files an application for a license: |
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(1) process the application; and |
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(2) issue the license to an applicant who qualifies |
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for the license under this section. |
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SECTION 3. The heading to Section 651.403, Occupations |
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Code, is amended to read as follows: |
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Sec. 651.403. DESIGNATION OF FUNERAL DIRECTOR IN CHARGE OF |
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FUNERAL ESTABLISHMENT; EFFECT OF VIOLATION. |
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SECTION 4. Subchapter I, Chapter 651, Occupations Code, is |
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amended by adding Section 651.4035 to read as follows: |
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Sec. 651.4035. DESIGNATION OF FUNERAL DIRECTOR IN CHARGE OF |
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CREMATORY ESTABLISHMENT; EFFECT OF VIOLATION. (a) A crematory |
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establishment shall: |
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(1) designate to the commission a funeral director in |
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charge; and |
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(2) promptly notify the commission of any change in |
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that designation. |
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(b) The funeral director in charge is directly responsible |
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for the business of the crematory establishment. |
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(c) The funeral director in charge is ultimately |
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responsible for compliance with the mortuary laws. The funeral |
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director in charge may be charged with a violation of this chapter |
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if a violation occurs in the crematory establishment. |
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SECTION 5. Section 651.405, Occupations Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) A funeral establishment that has a publicly available |
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Internet website must post in a conspicuous location on the website |
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the establishment's retail price list. |
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SECTION 6. Section 651.408, Occupations Code, is amended to |
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read as follows: |
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Sec. 651.408. CERTAIN LIABILITY OF FUNERAL DIRECTORS [USE |
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OF CEMETERY AND CREMATORY SERVICES]. The fact that a funeral |
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director contracts for cemetery, embalming, or crematory services, |
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including as part of a package arrangement, does not limit the |
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director's liability to the customer for those services. |
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SECTION 7. Subchapter I, Chapter 651, Occupations Code, is |
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amended by adding Sections 651.411, 651.412, and 651.413 to read as |
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follows: |
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Sec. 651.411. REFRIGERATION REQUIRED. Each funeral |
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establishment shall: |
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(1) maintain refrigeration capacity on the premises of |
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the establishment for at least three human remains; and |
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(2) maintain additional refrigeration capacity at |
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another location as required by commission rule. |
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Sec. 651.412. REQUIRED POSTING OF LICENSE INFORMATION. An |
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establishment licensed under this chapter shall include the name |
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and license number of the establishment on all documents made |
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publicly available, including an Internet website, contract for |
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services, and social media web page. |
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Sec. 651.413. CREMATORY ESTABLISHMENT HOURS OF OPERATION. |
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To the extent permitted by federal law, a crematory is not subject |
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to a limitation on the crematory's hours of operation imposed by the |
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Texas Commission on Environmental Quality or another entity. |
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SECTION 8. A crematory establishment is required to comply |
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with Section 651.4035, Occupations Code, as added by this Act, not |
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later than September 1, 2022. |
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SECTION 9. An establishment to which Section 651.411 or |
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651.412 Occupations Code, as added by this Act, applies is required |
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to comply with the applicable section not later than September 1, |
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2022. |
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SECTION 10. As soon as practicable after the effective date |
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of this Act, the Texas Funeral Service Commission shall adopt the |
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rules necessary to implement Chapter 651, Occupations Code, as |
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amended by this Act. |
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SECTION 11. This Act takes effect September 1, 2021. |