By: Raymond, Keough (Senate Sponsor - Watson) H.B. No. 1219
(In the Senate - Received from the House April 16, 2015;
April 21, 2015, read first time and referred to Committee on
Business and Commerce; April 28, 2015, reported favorably by the
following vote: Yeas 8, Nays 0; April 28, 2015, sent to printer.)
Click here to see the committee vote
COMMITTEE VOTE
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EltifeX
CreightonX
EllisX
HuffinesX
SchwertnerX
SeligerX
TaylorofGalvestonX
WatsonX
WhitmireX
A BILL TO BE ENTITLED
AN ACT
relating to a provisional license to practice funeral directing or
embalming; amending provisions subject to a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 651.253(a), Occupations Code, is amended
to read as follows:
(a) To be eligible for a funeral director's license or an
embalmer's license, an applicant must:
(1) be at least 18 years of age;
(2) have graduated from an accredited high school or
passed an examination prescribed by the Texas Education Agency;
(3) have graduated from an accredited school or
college of mortuary science;
(4) unless the applicant holds a reciprocal
[embalmer's] license, have completed the requirements of the
provisional license program [served as a provisional license holder
for not less than one year under the personal supervision and
instruction of a funeral director or embalmer, as applicable]; and
(5) have successfully completed the applicable
written examination described by Section 651.255 or 651.256.
SECTION 2. Section 651.302, Occupations Code, is amended to
read as follows:
Sec. 651.302. APPLICATION; ISSUANCE OF PROVISIONAL
LICENSE. (a) The commission shall issue a provisional license to
practice funeral directing to an applicant who:
(1) is at least 18 years of age;
(2) has completed the educational requirements of
Section 651.253 or is enrolled in an accredited school or college of
mortuary science;
(3) is employed by a funeral establishment [director]
to learn funeral directing [or embalming] under the instruction and
supervision of a [the] funeral director;
(4) files an application for a provisional license on
a form provided by the commission and verified under oath by the
applicant; [and]
(5) pays any required application or license fee; and
(6) complies with the requirements of this chapter and
of the commission.
(b) The commission shall issue a provisional license to
practice embalming to an applicant who:
(1) is at least 18 years of age;
(2) has completed the educational requirements of
Section 651.253 or is enrolled in an accredited school or college of
mortuary science;
(3) is employed by a funeral establishment or
commercial embalming facility to learn embalming under the
instruction and supervision of an embalmer;
(4) files an application for a provisional license on
a form provided by the commission and verified under oath by the
applicant;
(5) [(4)] pays any required application or license
fee; and
(6) [(5)] complies with the requirements of this
chapter and of the commission.
(c) The commission shall waive the requirements of
Subsection (a)(2) or (b)(2) for a period not to exceed 12 months for
an applicant who is otherwise qualified and shall issue to the
applicant a provisional license that expires at the end of that
period.
(d) An applicant must submit to a criminal background check
before submitting an application for a license.
SECTION 3. Section 651.303, Occupations Code, is amended by
adding Subsections (a-1), (e-1), and (g) and amending Subsection
(d) to read as follows:
(a-1) A provisional license holder may work only:
(1) in a funeral establishment or commercial embalming
facility licensed by the commission; and
(2) under the direct and personal supervision of a
funeral director or embalmer, as applicable.
(d) The provisional license program must include assisting
with at least 45 [60] cases. Not more than two provisional license
holders may receive credit for work done on any one body. The
commission by rule shall:
(1) define the standards for a case;
(2) set the number of cases a provisional license
holder is required to complete during the program; and
(3) establish guidelines for supervision under which a
provisional license holder is granted increased responsibilities
during the course of the provisional license program.
(e-1) The commission by rule shall prescribe case reporting
requirements for provisional license holders. The commission shall
provide case report forms to be used by a provisional license
holder.
(g) When conducting funeral arrangements, a provisional
license holder shall inform family members and other persons with
whom the arrangements are being made that the license holder has a
provisional license and works under the personal supervision of a
licensed funeral director.
SECTION 4. Section 651.3035(a), Occupations Code, is
amended to read as follows:
(a) A funeral directing or embalming case completed for
credit while attending an accredited [under Section 651.303(d) may
serve as credit for both] mortuary school or college may serve as
credit toward [and] the provisional license holder program.
SECTION 5. The heading to Section 651.304, Occupations
Code, is amended to read as follows:
Sec. 651.304. EMPLOYMENT NOTIFICATION [REPORTS].
SECTION 6. Section 651.304, Occupations Code, is amended by
amending Subsections (a) and (d) and adding Subsection (b) to read
as follows:
(a) On entering employment with a funeral establishment or
commercial embalming facility [director or embalmer], a
provisional license holder shall immediately notify the commission
of the name of the establishment or facility where [and place of
business of the funeral director or embalmer under whom] the
provisional license holder will train. The funeral director or
embalmer in charge must [shall] sign the notification.
(b) A provisional license holder must be employed by a
funeral establishment or commercial embalming facility, as
applicable, during the term of the provisional license. If a
provisional license holder is not employed as required by this
subsection, the commission shall cancel the provisional license.
(d) If a provisional license holder leaves the employment of
the funeral establishment or commercial embalming facility [a
funeral director or embalmer], the funeral director or embalmer in
charge shall prepare an affidavit showing the length of time the
provisional license holder was employed and the number of cases
handled while employed by the establishment or facility [funeral
director or embalmer]. The funeral director or embalmer shall file
the original affidavit [shall be filed] with the commission as [and
made] a matter of record. The funeral director or embalmer shall
provide a [A] copy of the affidavit [shall be furnished] to the
provisional license holder.
SECTION 7. Subchapter G, Chapter 651, Occupations Code, is
amended by adding Section 651.3045 to read as follows:
Sec. 651.3045. TERM OF PROVISIONAL LICENSE. (a) Except as
provided by Subsection (c), a provisional license is valid for 12
consecutive months and may be renewed only once for a period not to
exceed an additional 12 consecutive months.
(b) The commission shall cancel a provisional license if the
license holder fails to complete the licensing requirements of the
provisional license program within 24 consecutive months.
(c) If a provisional license holder holds a provisional
license issued under Section 651.302(c), the provisional license
may be renewed for a period not to exceed 24 consecutive months and
the provisional license holder must complete the licensing
requirements of the provisional license program within 36
consecutive months.
(d) A provisional license holder who completes the
requirements of the provisional license program and is otherwise
eligible for a funeral director's or embalmer's license may receive
that license regardless of the date the provisional license is due
to expire.
SECTION 8. Section 651.305, Occupations Code, is amended by
amending Subsections (c) and (d) and adding Subsections (d-1),
(d-2), and (d-3) to read as follows:
(c) If a provisional license holder fails to renew the
provisional license [timely pay the renewal fee], the commission
shall:
(1) impose a late payment penalty equal to the amount
of the license renewal fee;
(2) suspend the license for nonpayment; and
(3) notify the provisional license holder of the
suspension.
(d) If the renewal fee and penalty are not paid before the
91st day after the date of the notice of suspension, the commission
shall cancel the license.
(d-1) If the license is canceled under Subsection (d) [this
subsection], the provisional license holder may apply for
reinstatement not later than the date the license would have
expired if the license had been renewed [not later than 18 months
after the date of cancellation]. The commission may reinstate the
canceled license if:
(1) all other commission requirements are satisfied;
and
(2) the license fee and a late payment penalty equal to
the amount of the license fee for the period of the cancellation are
paid.
(d-2) A reinstated license expires on the date the license
would have expired if the license had been timely renewed.
(d-3) A provisional license holder may not work as a funeral
director or embalmer while the license is suspended or canceled.
SECTION 9. Subchapter G, Chapter 651, Occupations Code, is
amended by adding Section 651.3055 to read as follows:
Sec. 651.3055. REAPPLICATION FOR PROVISIONAL LICENSE.
(a) A person who does not complete the provisional license program
within the prescribed period may reapply for a provisional license.
(b) A person who reapplies for a provisional license must
comply with the requirements of Section 651.303. Casework
performed under a previous provisional license may not be counted
toward the requirements for the new provisional license. The
commission may adopt rules to allow casework performed under a
previous provisional license to transfer to a new provisional
license if the license holder requests a hardship exemption.
(c) A person may reapply for a provisional license under
this section only once.
SECTION 10. The following sections of the Occupations Code
are repealed:
(1) Sections 651.303(b) and (c);
(2) Section 651.304(e); and
(3) Sections 651.305(e) and (f).
SECTION 11. This Act takes effect September 1, 2015.
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