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