| 1 | 1 | | 81R5975 YDB-F |
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| 2 | 2 | | By: Villarreal H.B. No. 1422 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the requirements for a funeral establishment license. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 651.351, Occupations Code, is amended by |
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| 10 | 10 | | amending Subsection (d) and adding Subsection (i) to read as |
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| 11 | 11 | | follows: |
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| 12 | 12 | | (d) A funeral establishment must: |
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| 13 | 13 | | (1) meet the building, fire safety, and health |
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| 14 | 14 | | standards and health ordinances of this state and of the |
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| 15 | 15 | | municipality in which the establishment is located; |
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| 16 | 16 | | (2) except as provided by Subsection (i), be located |
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| 17 | 17 | | at a fixed place that is not tax-exempt property or a cemetery; |
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| 18 | 18 | | (3) include facilities in which funeral services may |
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| 19 | 19 | | be conducted; |
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| 20 | 20 | | (4) have access to rolling stock consisting of at |
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| 21 | 21 | | least one motor hearse; |
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| 22 | 22 | | (5) include a preparation room containing the |
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| 23 | 23 | | facilities, equipment, and supplies required by commission rule to |
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| 24 | 24 | | ensure the provision of adequate embalming services; |
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| 25 | 25 | | (6) include other facilities as necessary to comply |
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| 26 | 26 | | with the sanitary codes of this state and of the municipality in |
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| 27 | 27 | | which the room is located; and |
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| 28 | 28 | | (7) include a display containing sufficient |
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| 29 | 29 | | merchandise to permit reasonable selection, including at least five |
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| 30 | 30 | | adult caskets, two of which must be full-size. |
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| 31 | 31 | | (i) Subsection (d)(2) does not apply to a funeral |
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| 32 | 32 | | establishment located on tax exempt property of an accredited |
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| 33 | 33 | | post-secondary educational institution that is operated in |
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| 34 | 34 | | connection with an accredited educational program for funeral |
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| 35 | 35 | | services. |
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| 36 | 36 | | SECTION 2. This Act takes effect immediately if it receives |
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| 37 | 37 | | a vote of two-thirds of all the members elected to each house, as |
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| 38 | 38 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 39 | 39 | | Act does not receive the vote necessary for immediate effect, this |
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| 40 | 40 | | Act takes effect September 1, 2009. |
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