By: Van de Putte S.B. No. 755
(In the Senate - Filed February 10, 2009; March 4, 2009,
read first time and referred to Committee on Health and Human
Services; April 6, 2009, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
April 6, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 755 By: Deuell
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 that is:
(1) located on the real property of a public junior
college; and
(2) operated in connection with an accredited
educational program in funeral services offered by the public
junior college.
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.
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