Texas 2021 - 87th Regular

Texas House Bill HB3729

Caption

Relating to the regulation of funeral service practitioners.

Impact

The legislation significantly amends Chapter 651 of the Occupations Code. It establishes guidelines for licensing and operational compliance of funeral practitioners in situations of state disasters. Additionally, the bill requires funeral establishments to maintain refrigeration capacity for human remains and disclose their pricing information on their websites. These changes seek to enhance the regulatory framework governing funeral services, ensuring that essential services are consistently available during crises while maintaining certain standards for practice.

Summary

House Bill 3729 aims to regulate funeral service practitioners in Texas, specifically during times of emergency or disaster. This legislation introduces provisions that limit the liability of licensed funeral practitioners who provide services during declared emergencies. Under the new law, these practitioners will not be held liable for civil damages related to their services unless it is proven that their actions constituted gross negligence or intentional misconduct. This enactment is intended to encourage licensed professionals to offer their services in crucial situations without the fear of being legally penalized for issues outside of their control.

Contention

Notable points of contention surrounding HB 3729 involve concerns about the extent of liability protections granted to funeral service practitioners. Proponents argue that the bill creates necessary safeguards to enable practitioners to efficiently respond to emergencies without legal repercussions. Critics, however, may raise concerns about defining negligence and misconduct in high-pressure situations, potentially leaving families without recourse if issues arise in the handling of remains or service quality during a disaster. Additionally, the implications of increased operational responsibilities on funeral establishments could spark debate on regulatory burden versus necessary oversight.

Companion Bills

No companion bills found.

Previously Filed As

TX SB2517

Relating to the regulation of human body acquisition services and authorized recipients.

TX SB2040

Relating to the continuation and transfer of the regulation of willed body programs to the Texas Funeral Service Commission, the regulation of willed body programs, non-transplant anatomical donation organizations, and anatomical facilities, and the creation of the State Anatomical Advisory Committee; requiring registration; authorizing fees; authorizing an administrative penalty.