BILL ANALYSIS

H.B. 4286

By: Jones, Venton

Public Health

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Under current law, the governor must designate the presiding officer of the Texas Funeral Service Commission (TFSC) every three years and must alternate between designating public and nonpublic members of the TFSC. These requirements limit the potential pool of candidates for the position, which eliminates the governor's ability to select the best candidate to serve as presiding officer. H.B. 4286 seeks to address this issue by allowing the designation of any TFSC member to the presiding officer position and removing the three-year limit on the duration of the presiding officer's term.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 4286 amends the Occupations Code to remove the three-year term of the presiding officer of the Texas Funeral Service Commission (TFSC) and to instead establish that the presiding officer serves in that capacity at the pleasure of the governor. The bill removes the requirement that the governor alternate between public and nonpublic members of the TFSC in designating one member to serve as the TFSC's presiding officer.

EFFECTIVE DATE

September 1, 2023.