Texas House Bill HB5278

Texas 2025 - 89th Regular

• Filed: 3/14/25

Caption

Relating to the licensing and regulation of persons who provide services in relation to the deceased; creating a criminal offense and increasing the punishment for an existing criminal offense; expanding the application of a fee.

Impact

The passage of HB 5278 would have significant implications on state laws governing the funeral and burial industry. It introduces stricter regulations for service providers, which includes creating a new criminal offense for unlicensed practice and increasing penalties for violations. This is intended to deter unethical practices while also providing a clearer path for licensing that ensures only qualified individuals may operate in this sensitive field. The new legal standards will likely elevate the professional standards within the industry, ultimately benefiting the public.

Summary

House Bill 5278 focuses on the licensing and regulation of individuals who offer services related to deceased persons. The bill seeks to establish a legal framework that ensures individuals providing these services are properly licensed, thus enhancing oversight and professionalism within this sector. By doing so, it aims to protect the interests of consumers and ensure that services rendered in connection to the deceased are conducted ethically and lawfully.

Contention

As discussions around HB 5278 began, several points of contention arose. Proponents argue that the bill is a necessary measure to increase accountability and protect bereaved families from potential fraud or exploitation. Conversely, opponents have raised concerns about the potential burden on small service providers who may be overwhelmed by new licensing requirements and fees. There is also apprehension that the bill could unintentionally limit access to services for families in underserved communities, who may already struggle to find affordable options during difficult times.

Texas Constitutional Statutes Affected

Health And Safety Code

• Chapter 691. Donation Of Bodies And Anatomical Specimens
  • Section: 001
  • Section: 002
  • Section: New Section
  • Section: 023
  • Section: 034

• Chapter 692a. Revised Uniform Anatomical Gift Act
  • Section: New Section

Occupations Code

• Chapter 651. Crematory Services, Funeral Directing, And Embalming
  • Section: New Section