Texas 2015 - 84th Regular

Texas House Bill HB1219 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Raymond, Keough (Senate Sponsor - Watson) H.B. No. 1219
2		-	(In the Senate - Received from the House April 16, 2015;
3		-	April 21, 2015, read first time and referred to Committee on
4		-	Business and Commerce; April 28, 2015, reported favorably by the
5		-	following vote: Yeas 8, Nays 0; April 28, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 1219
7	2
8	3
9		-	COMMITTEE VOTE
10		-	YeaNayAbsentPNV
11		-	EltifeX
12		-	CreightonX
13		-	EllisX
14		-	HuffinesX
15		-	SchwertnerX
16		-	SeligerX
17		-	TaylorofGalvestonX
18		-	WatsonX
19		-	WhitmireX
20		-	A BILL TO BE ENTITLED
21	4		AN ACT
22	5		relating to a provisional license to practice funeral directing or
23	6		embalming; amending provisions subject to a criminal penalty.
24	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
25	8		SECTION 1. Section 651.253(a), Occupations Code, is amended
26	9		to read as follows:
27	10		(a) To be eligible for a funeral director's license or an
28	11		embalmer's license, an applicant must:
29	12		(1) be at least 18 years of age;
30	13		(2) have graduated from an accredited high school or
31	14		passed an examination prescribed by the Texas Education Agency;
32	15		(3) have graduated from an accredited school or
33	16		college of mortuary science;
34	17		(4) unless the applicant holds a reciprocal
35	18		[embalmer's] license, have completed the requirements of the
36	19		provisional license program [served as a provisional license holder
37	20		for not less than one year under the personal supervision and
38	21		instruction of a funeral director or embalmer, as applicable]; and
39	22		(5) have successfully completed the applicable
40	23		written examination described by Section 651.255 or 651.256.
41	24		SECTION 2. Section 651.302, Occupations Code, is amended to
42	25		read as follows:
43	26		Sec. 651.302. APPLICATION; ISSUANCE OF PROVISIONAL
44	27		LICENSE. (a) The commission shall issue a provisional license to
45	28		practice funeral directing to an applicant who:
46	29		(1) is at least 18 years of age;
47	30		(2) has completed the educational requirements of
48	31		Section 651.253 or is enrolled in an accredited school or college of
49	32		mortuary science;
50	33		(3) is employed by a funeral establishment [director]
51	34		to learn funeral directing [or embalming] under the instruction and
52	35		supervision of a [the] funeral director;
53	36		(4) files an application for a provisional license on
54	37		a form provided by the commission and verified under oath by the
55	38		applicant; [and]
56	39		(5) pays any required application or license fee; and
57	40		(6) complies with the requirements of this chapter and
58	41		of the commission.
59	42		(b) The commission shall issue a provisional license to
60	43		practice embalming to an applicant who:
61	44		(1) is at least 18 years of age;
62	45		(2) has completed the educational requirements of
63	46		Section 651.253 or is enrolled in an accredited school or college of
64	47		mortuary science;
65	48		(3) is employed by a funeral establishment or
66	49		commercial embalming facility to learn embalming under the
67	50		instruction and supervision of an embalmer;
68	51		(4) files an application for a provisional license on
69	52		a form provided by the commission and verified under oath by the
70	53		applicant;
71	54		(5) [(4)] pays any required application or license
72	55		fee; and
73	56		(6) [(5)] complies with the requirements of this
74	57		chapter and of the commission.
75	58		(c) The commission shall waive the requirements of
76	59		Subsection (a)(2) or (b)(2) for a period not to exceed 12 months for
77	60		an applicant who is otherwise qualified and shall issue to the
78	61		applicant a provisional license that expires at the end of that
79	62		period.
80	63		(d) An applicant must submit to a criminal background check
81	64		before submitting an application for a license.
82	65		SECTION 3. Section 651.303, Occupations Code, is amended by
83	66		adding Subsections (a-1), (e-1), and (g) and amending Subsection
84	67		(d) to read as follows:
85	68		(a-1) A provisional license holder may work only:
86	69		(1) in a funeral establishment or commercial embalming
87	70		facility licensed by the commission; and
88	71		(2) under the direct and personal supervision of a
89	72		funeral director or embalmer, as applicable.
90	73		(d) The provisional license program must include assisting
91	74		with at least 45 [60] cases. Not more than two provisional license
92	75		holders may receive credit for work done on any one body. The
93	76		commission by rule shall:
94	77		(1) define the standards for a case;
95	78		(2) set the number of cases a provisional license
96	79		holder is required to complete during the program; and
97	80		(3) establish guidelines for supervision under which a
98	81		provisional license holder is granted increased responsibilities
99	82		during the course of the provisional license program.
100	83		(e-1) The commission by rule shall prescribe case reporting
101	84		requirements for provisional license holders. The commission shall
102	85		provide case report forms to be used by a provisional license
103	86		holder.
104	87		(g) When conducting funeral arrangements, a provisional
105	88		license holder shall inform family members and other persons with
106	89		whom the arrangements are being made that the license holder has a
107	90		provisional license and works under the personal supervision of a
108	91		licensed funeral director.
109	92		SECTION 4. Section 651.3035(a), Occupations Code, is
110	93		amended to read as follows:
111	94		(a) A funeral directing or embalming case completed for
112	95		credit while attending an accredited [under Section 651.303(d) may
113	96		serve as credit for both] mortuary school or college may serve as
114	97		credit toward [and] the provisional license holder program.
115	98		SECTION 5. The heading to Section 651.304, Occupations
116	99		Code, is amended to read as follows:
117	100		Sec. 651.304. EMPLOYMENT NOTIFICATION [REPORTS].
118	101		SECTION 6. Section 651.304, Occupations Code, is amended by
119	102		amending Subsections (a) and (d) and adding Subsection (b) to read
120	103		as follows:
121	104		(a) On entering employment with a funeral establishment or
122	105		commercial embalming facility [director or embalmer], a
123	106		provisional license holder shall immediately notify the commission
124	107		of the name of the establishment or facility where [and place of
125	108		business of the funeral director or embalmer under whom] the
126	109		provisional license holder will train. The funeral director or
127	110		embalmer in charge must [shall] sign the notification.
128	111		(b) A provisional license holder must be employed by a
129	112		funeral establishment or commercial embalming facility, as
130	113		applicable, during the term of the provisional license. If a
131	114		provisional license holder is not employed as required by this
132	115		subsection, the commission shall cancel the provisional license.
133	116		(d) If a provisional license holder leaves the employment of
134	117		the funeral establishment or commercial embalming facility [a
135	118		funeral director or embalmer], the funeral director or embalmer in
136	119		charge shall prepare an affidavit showing the length of time the
137	120		provisional license holder was employed and the number of cases
138	121		handled while employed by the establishment or facility [funeral
139	122		director or embalmer]. The funeral director or embalmer shall file
140	123		the original affidavit [shall be filed] with the commission as [and
141	124		made] a matter of record. The funeral director or embalmer shall
142	125		provide a [A] copy of the affidavit [shall be furnished] to the
143	126		provisional license holder.
144	127		SECTION 7. Subchapter G, Chapter 651, Occupations Code, is
145	128		amended by adding Section 651.3045 to read as follows:
146	129		Sec. 651.3045. TERM OF PROVISIONAL LICENSE. (a) Except as
147	130		provided by Subsection (c), a provisional license is valid for 12
148	131		consecutive months and may be renewed only once for a period not to
149	132		exceed an additional 12 consecutive months.
150	133		(b) The commission shall cancel a provisional license if the
151	134		license holder fails to complete the licensing requirements of the
152	135		provisional license program within 24 consecutive months.
153	136		(c) If a provisional license holder holds a provisional
154	137		license issued under Section 651.302(c), the provisional license
155	138		may be renewed for a period not to exceed 24 consecutive months and
156	139		the provisional license holder must complete the licensing
157	140		requirements of the provisional license program within 36
158	141		consecutive months.
159	142		(d) A provisional license holder who completes the
160	143		requirements of the provisional license program and is otherwise
161	144		eligible for a funeral director's or embalmer's license may receive
162	145		that license regardless of the date the provisional license is due
163	146		to expire.
164	147		SECTION 8. Section 651.305, Occupations Code, is amended by
165	148		amending Subsections (c) and (d) and adding Subsections (d-1),
166	149		(d-2), and (d-3) to read as follows:
167	150		(c) If a provisional license holder fails to renew the
168	151		provisional license [timely pay the renewal fee], the commission
169	152		shall:
170	153		(1) impose a late payment penalty equal to the amount
171	154		of the license renewal fee;
172	155		(2) suspend the license for nonpayment; and
173	156		(3) notify the provisional license holder of the
174	157		suspension.
175	158		(d) If the renewal fee and penalty are not paid before the
176	159		91st day after the date of the notice of suspension, the commission
177	160		shall cancel the license.
178	161		(d-1) If the license is canceled under Subsection (d) [this
179	162		subsection], the provisional license holder may apply for
180	163		reinstatement not later than the date the license would have
181	164		expired if the license had been renewed [not later than 18 months
182	165		after the date of cancellation]. The commission may reinstate the
183	166		canceled license if:
184	167		(1) all other commission requirements are satisfied;
185	168		and
186	169		(2) the license fee and a late payment penalty equal to
187	170		the amount of the license fee for the period of the cancellation are
188	171		paid.
189	172		(d-2) A reinstated license expires on the date the license
190	173		would have expired if the license had been timely renewed.
191	174		(d-3) A provisional license holder may not work as a funeral
192	175		director or embalmer while the license is suspended or canceled.
193	176		SECTION 9. Subchapter G, Chapter 651, Occupations Code, is
194	177		amended by adding Section 651.3055 to read as follows:
195		-	Sec. 651.3055. REAPPLICATION FOR PROVISIONAL LICENSE.
196		-	~~(a)~~ A person who does not complete the provisional license program
	178	+	Sec. 651.3055. REAPPLICATION FOR PROVISIONAL LICENSE. (a)
	179	+	A person who does not complete the provisional license program
197	180		within the prescribed period may reapply for a provisional license.
198	181		(b) A person who reapplies for a provisional license must
199		-	comply with the requirements of Section 651.303. ~~Casework~~
200		-	~~performed~~ under a previous provisional license may not be counted
201		-	~~toward the~~ requirements for the new provisional license. The
202		-	~~commission may~~ adopt rules to allow casework performed under a
203		-	~~previous~~ provisional license to transfer to a new provisional
204		-	~~license if the~~ license holder requests a hardship exemption.
	182	+	comply with the requirements of Section 651.303. Casework performed
	183	+	under a previous provisional license may not be counted toward the
	184	+	requirements for the new provisional license. The commission may
	185	+	adopt rules to allow casework performed under a previous
	186	+	provisional license to transfer to a new provisional license if the
	187	+	license holder requests a hardship exemption.
205	188		(c) A person may reapply for a provisional license under
206	189		this section only once.
207	190		SECTION 10. The following sections of the Occupations Code
208	191		are repealed:
209	192		(1) Sections 651.303(b) and (c);
210	193		(2) Section 651.304(e); and
211	194		(3) Sections 651.305(e) and (f).
212	195		SECTION 11. This Act takes effect September 1, 2015.
213		-	* * * * *
	196	+	______________________________ ______________________________
	197	+	President of the Senate Speaker of the House
	198	+	I certify that H.B. No. 1219 was passed by the House on April
	199	+	15, 2015, by the following vote: Yeas 140, Nays 0, 1 present, not
	200	+	voting.
	201	+	______________________________
	202	+	Chief Clerk of the House
	203	+	I certify that H.B. No. 1219 was passed by the Senate on May
	204	+	8, 2015, by the following vote: Yeas 31, Nays 0.
	205	+	______________________________
	206	+	Secretary of the Senate
	207	+	APPROVED: _____________________
	208	+	Date
	209	+	_____________________
	210	+	Governor