S.B. No. 864
AN ACT
relating to the regulation of funeral establishments, including
requirements for a retail price list of services provided by such
establishments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (b) and (c), Section 651.303,
Occupations Code, are amended to read as follows:
(b) The commission by rule shall define the terms of
employment of a provisional license holder. The terms of
employment[:
[(1)] must include service by the provisional license
holder[:
[(A) of at least 17 hours a week or 73 hours a
month; and
[(B)] under actual working conditions and under
the personal supervision of a funeral director or embalmer[; and
[(2) may not require more than 17 hours a week or 73
hours a month].
(c) The term of the provisional license program must be at
least 12 consecutive months but not more than 24 consecutive
months.
SECTION 2. Subsection (a), Section 651.405, Occupations
Code, is amended to read as follows:
(a) "Retail price list" means a printed or typewritten list
of the retail price of items or services provided by a funeral
establishment and must include the retail price of:
(1) transferring a deceased person to the funeral
establishment;
(2) embalming;
(3) using a funeral establishment facility for viewing
the deceased;
(4) using a funeral establishment facility for funeral
services;
(5) using a hearse;
(6) using a limousine;
(7) caskets;
(8) outer enclosures; [and]
(9) filing a claim seeking life insurance proceeds on
behalf of the beneficiaries; and
(10) other itemized services provided by the funeral
establishment staff.
SECTION 3. Subchapter K, Chapter 651, Occupations Code, is
amended by adding Section 651.5011 to read as follows:
Sec. 651.5011. CHARGING FUNERAL DIRECTOR IN CHARGE WITH
VIOLATION. In determining whether to charge a funeral director in
charge with a violation based on conduct for which a licensed
employee of the funeral establishment was directly responsible, the
commission may consider:
(1) the nature and seriousness of the violation;
(2) the extent to which the licensed employee of the
funeral establishment whose conduct is the basis of the violation
was under the direct supervision of the funeral director in charge
or another person at the time the licensed employee engaged in the
conduct; and
(3) the causal connection between the supervision of
the licensed employee of the funeral establishment by the funeral
director in charge and the conduct engaged in by the licensed
employee that is the basis of the violation.
SECTION 4. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 864 passed the Senate on
March 28, 2011, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 23, 2011, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 864 passed the House, with
amendment, on May 20, 2011, by the following vote: Yeas 146,
Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor