| 1 | 1 | | S.B. No. 755 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | AN ACT |
|---|
| 5 | 5 | | relating to the requirements for a funeral establishment license. |
|---|
| 6 | 6 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 7 | 7 | | SECTION 1. Section 651.351, Occupations Code, is amended by |
|---|
| 8 | 8 | | amending Subsection (d) and adding Subsection (i) to read as |
|---|
| 9 | 9 | | follows: |
|---|
| 10 | 10 | | (d) A funeral establishment must: |
|---|
| 11 | 11 | | (1) meet the building, fire safety, and health |
|---|
| 12 | 12 | | standards and health ordinances of this state and of the |
|---|
| 13 | 13 | | municipality in which the establishment is located; |
|---|
| 14 | 14 | | (2) except as provided by Subsection (i), be located |
|---|
| 15 | 15 | | at a fixed place that is not tax-exempt property or a cemetery; |
|---|
| 16 | 16 | | (3) include facilities in which funeral services may |
|---|
| 17 | 17 | | be conducted; |
|---|
| 18 | 18 | | (4) have access to rolling stock consisting of at |
|---|
| 19 | 19 | | least one motor hearse; |
|---|
| 20 | 20 | | (5) include a preparation room containing the |
|---|
| 21 | 21 | | facilities, equipment, and supplies required by commission rule to |
|---|
| 22 | 22 | | ensure the provision of adequate embalming services; |
|---|
| 23 | 23 | | (6) include other facilities as necessary to comply |
|---|
| 24 | 24 | | with the sanitary codes of this state and of the municipality in |
|---|
| 25 | 25 | | which the room is located; and |
|---|
| 26 | 26 | | (7) include a display containing sufficient |
|---|
| 27 | 27 | | merchandise to permit reasonable selection, including at least five |
|---|
| 28 | 28 | | adult caskets, two of which must be full-size. |
|---|
| 29 | 29 | | (i) Subsection (d)(2) does not apply to a funeral |
|---|
| 30 | 30 | | establishment that is: |
|---|
| 31 | 31 | | (1) located on the real property of a public junior |
|---|
| 32 | 32 | | college; and |
|---|
| 33 | 33 | | (2) operated in connection with an accredited |
|---|
| 34 | 34 | | educational program in funeral services offered by the public |
|---|
| 35 | 35 | | junior college. |
|---|
| 36 | 36 | | SECTION 2. This Act takes effect immediately if it receives |
|---|
| 37 | 37 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 38 | 38 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 39 | 39 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 40 | 40 | | Act takes effect September 1, 2009. |
|---|
| 41 | 41 | | ______________________________ ______________________________ |
|---|
| 42 | 42 | | President of the Senate Speaker of the House |
|---|
| 43 | 43 | | I hereby certify that S.B. No. 755 passed the Senate on |
|---|
| 44 | 44 | | April 16, 2009, by the following vote: Yeas 31, Nays 0. |
|---|
| 45 | 45 | | ______________________________ |
|---|
| 46 | 46 | | Secretary of the Senate |
|---|
| 47 | 47 | | I hereby certify that S.B. No. 755 passed the House on |
|---|
| 48 | 48 | | May 26, 2009, by the following vote: Yeas 146, Nays 0, two |
|---|
| 49 | 49 | | present not voting. |
|---|
| 50 | 50 | | ______________________________ |
|---|
| 51 | 51 | | Chief Clerk of the House |
|---|
| 52 | 52 | | Approved: |
|---|
| 53 | 53 | | ______________________________ |
|---|
| 54 | 54 | | Date |
|---|
| 55 | 55 | | ______________________________ |
|---|
| 56 | 56 | | Governor |
|---|