Texas 2015 - 84th Regular

Texas Senate Bill SB1251 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R4821 BEF-F
2	2	By: Estes S.B. No. 1251
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the Texas Funeral Service Commission; authorizing fees;
8	8	providing a criminal penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 651.051(a), Occupations Code, is amended
11	11	to read as follows:
12	12	(a) The Texas Funeral Service Commission consists of seven
13	13	members appointed by the governor, with the advice and consent of
14	14	the senate as follows:
15	15	(1) two members who are licensed as both an embalmer
16	16	and a funeral director for at least the five years preceding
17	17	appointment to the commission;
18	18	(2) one member who is licensed as a funeral director
19	19	and is a registered cemetery owner or operator; and
20	20	(3) four members who represent the public and who:
21	21	(A) are not regulated under this chapter; and
22	22	(B) have consistently shown an interest in
23	23	supporting consumer protection.
24	24	SECTION 2. Section 651.055(c), Occupations Code, is amended
25	25	to read as follows:
26	26	(c) It is a ground for removal from the commission that a
27	27	member:
28	28	(1) does not have at the time of appointment the
29	29	qualifications required by Sections 651.051(a) and (c) and
30	30	651.052(a);
31	31	(2) does not maintain during service on the commission
32	32	the qualifications required by Sections 651.051(a) and (c) and
33	33	651.052(a);
34	34	(3) violates a prohibition established by Sections
35	35	651.053(a)-(c) [651.053(a)-(e) or 651.506(h)];
36	36	(4) cannot because of illness or disability discharge
37	37	the member's duties for a substantial part of the term for which the
38	38	member is appointed; or
39	39	(5) is absent for more than half of the regularly
40	40	scheduled commission meetings that the member is eligible to attend
41	41	during a calendar year unless the absence is excused by majority
42	42	vote of the commission.
43	43	SECTION 3. The heading to Section 651.101, Occupations
44	44	Code, is amended to read as follows:
45	45	Sec. 651.101. EXECUTIVE DIRECTOR[; BOND].
46	46	SECTION 4. The heading to Section 651.151, Occupations
47	47	Code, is amended to read as follows:
48	48	Sec. 651.151. GENERAL LICENSING POWERS AND DUTIES.
49	49	SECTION 5. Section 651.151(c), Occupations Code, is
50	50	redesignated as Section 651.1511, Occupations Code, and amended to
51	51	read as follows:
52	52	Sec. 651.1511. COMMITTEES. [(c)] The commission may
53	53	appoint a committee from its members to consider and make a
54	54	recommendation on a matter referred to the committee by the
55	55	commission.
56	56	SECTION 6. Section 651.154, Occupations Code, is amended to
57	57	read as follows:
58	58	Sec. 651.154. FEES. (a) The commission shall set the
59	59	following fees in amounts reasonable and necessary to administer
60	60	this chapter:
61	61	(1) the funeral director's and embalmer's [application
62	62	fee,] license fee, renewal fee, late renewal penalty, duplicate
63	63	license fee, replacement license fee, and reciprocal license fee;
64	64	and
65	65	(2) the cemetery, crematory, or funeral establishment
66	66	license fee, renewal fee, and late renewal penalty.
67	67	(b) The commission shall set the provisional license
68	68	application fee, examination fee, renewal fee, and late renewal
69	69	penalty in amounts reasonable and necessary to administer the
70	70	provisional license program.
71	71	(c) The commission shall set the following fees in amounts
72	72	reasonable and necessary to administer the continuing education
73	73	program under this chapter:
74	74	(1) the continuing education provider fee and
75	75	continuing education course fee; and
76	76	(2) the continuing education noncompliance fee [may
77	77	not charge a fee to a perpetual care cemetery, including a fee for
78	78	issuing or renewing a license issued under this chapter].
79	79	SECTION 7. Sections 651.157, 651.1571, and 651.158,
80	80	Occupations Code, are amended to read as follows:
81	81	Sec. 651.157. INSPECTION OF [CEMETERY,] CREMATORY[,] OR
82	82	FUNERAL ESTABLISHMENT. (a) A crematory or funeral establishment
83	83	must be inspected before an initial license may be issued to the
84	84	crematory or funeral establishment.
85	85	(a-1) Except as provided by Subsection (b), a [licensed
86	86	cemetery,] crematory[,] or funeral establishment shall be
87	87	inspected at least once every two years by an agent of the
88	88	commission or by an agent of the state or a political subdivision
89	89	authorized by the commission to make inspections on its behalf.
90	90	(b) If the commission finds a violation of this chapter or
91	91	of Chapter 193, 361, 711, [714, 715,] or 716, Health and Safety
92	92	Code, the commission shall inspect the [cemetery,] crematory[,] or
93	93	funeral establishment annually until the commission determines
94	94	that the crematory or funeral establishment is free of violations.
95	95	(c) A report of each inspection made under this section
96	96	shall be retained in the crematory's or funeral establishment's
97	97	licensing file [filed with the commission].
98	98	(d) The commission by rule shall establish:
99	99	(1) procedures for the inspection of a [cemetery,]
100	100	crematory[,] or funeral establishment required by this section; and
101	101	(2) criteria, including consideration of the
102	102	crematory's or funeral establishment's inspection and complaint
103	103	history, regarding when the commission should inspect a crematory
104	104	or funeral [an] establishment based on the risk of a violation at a
105	105	crematory or funeral [an] establishment.
106	106	(e) A premises on which funeral directing, [interment,]
107	107	cremation, or embalming is practiced shall be open at all times to
108	108	inspection for any violation of this chapter or of Chapter 193, 361,
109	109	or 716, Health and Safety Code, by:
110	110	(1) an agent of the commission;
111	111	(2) an authorized agent of the state; or
112	112	(3) an authorized agent of the county or municipality
113	113	in which the premises is located.
114	114	(f) Before a commission agent inspects a [cemetery,]
115	115	crematory[,] or funeral establishment, the agent shall review the
116	116	inspection reports filed with the commission on the crematory or
117	117	funeral establishment. During the inspection, the agent shall
118	118	determine whether previously identified problems have been
119	119	corrected and whether a pattern of violations exists. The
120	120	commission shall consider the information from the inspection
121	121	reports in determining whether a penalty should be imposed against
122	122	a crematory or funeral [an] establishment.
123	123	Sec. 651.1571. INSPECTION REQUIREMENTS FOR CERTAIN
124	124	CEMETERIES[; EXCEPTION FOR PERPETUAL CARE CEMETERIES]. (a) A
125	125	cemetery licensed by the commission [This section and Section
126	126	651.157 do not apply to perpetual care cemeteries.
127	127	[(b) Except as provided by Section 651.157(b):
128	128	[(1) a cemetery] may not be inspected unless:
129	129	(1) [(A)] an interment has occurred in the cemetery
130	130	within the two years preceding the inspection; or
131	131	(2) [(B)] the commission has received a complaint
132	132	about the cemetery.
133	133	(b) The[; and
134	134	[(2) the] commission shall give lower priority to an
135	135	inspection of a cemetery than to an inspection of a crematory or
136	136	funeral establishment.
137	137	Sec. 651.158. INSPECTION OF CERTAIN FACILITIES. (a) The
138	138	commission may require a funeral establishment that has solid waste
139	139	disposal and sanitation facilities that have not been inspected by
140	140	the [Texas] Department of State Health Services to obtain
141	141	inspection of those facilities by an entity other than the [Texas]
142	142	Department of State Health Services.
143	143	(b) The commission by rule shall establish procedures for an
144	144	inspection required under this section.
145	145	SECTION 8. Section 651.004, Occupations Code, is
146	146	transferred to Subchapter D, Chapter 651, Occupations Code, and
147	147	redesignated as Section 651.168, Occupations Code, to read as
148	148	follows:
149	149	Sec. 651.168 [651.004]. REGULATION OF CEMETERY AND
150	150	CREMATORY SERVICES. (a) The commission shall regulate cemetery
151	151	and crematory services as provided by this chapter and Chapter 716,
152	152	Health and Safety Code.
153	153	(b) The commission may not regulate cemetery or crematory
154	154	services that occur after burial or inurnment unless the services
155	155	relate to the care and treatment of the remains in an urn, casket,
156	156	or outer enclosure.
157	157	SECTION 9. Section 651.201, Occupations Code, is amended by
158	158	adding Subsections (c) and (d) to read as follows:
159	159	(c) A funeral establishment may print additional copies of
160	160	the brochure only if the commission is unable to provide the number
161	161	of brochures needed by the funeral establishment.
162	162	(d) A funeral establishment may provide a link on the
163	163	establishment's website to the brochure on the commission's
164	164	website.
165	165	SECTION 10. Subchapter E, Chapter 651, Occupations Code, is
166	166	amended by adding Section 651.2015 to read as follows:
167	167	Sec. 651.2015. WEBSITES. The commission may allow a
168	168	funeral establishment that maintains a website to link to the
169	169	commission's website.
170	170	SECTION 11. Section 651.202(a), Occupations Code, is
171	171	amended to read as follows:
172	172	(a) The commission by rule shall establish methods by which
173	173	consumers and service recipients are notified of the name, mailing
174	174	address, and telephone number of the commission for the purpose of
175	175	directing complaints to the commission. The commission may provide
176	176	for that notice:
177	177	(1) on each license form, application, or written
178	178	contract for services of a person regulated under this chapter;
179	179	(2) on a sign prominently displayed in the place of
180	180	business of each person regulated under this chapter; [or]
181	181	(3) in a bill for service provided by a person
182	182	regulated under this chapter; or
183	183	(4) any other place the commission considers
184	184	appropriate.
185	185	SECTION 12. Section 651.203(a), Occupations Code, is
186	186	amended to read as follows:
187	187	(a) Subject to the commission's records retention policy,
188	188	the [The] commission shall maintain a file on each written
189	189	complaint filed with the commission. The file must include:
190	190	(1) the subject matter of the complaint;
191	191	(2) the date the complaint is received by the
192	192	commission;
193	193	(3) the name of the person who filed the complaint;
194	194	(4) the name of each person contacted in relation to
195	195	the complaint;
196	196	(5) a summary of the results of the review or
197	197	investigation of the complaint; and
198	198	(6) an explanation of the reason the file was closed,
199	199	if the commission closed the file without taking action other than
200	200	to investigate the complaint.
201	201	SECTION 13. Section 651.252, Occupations Code, is amended
202	202	to read as follows:
203	203	Sec. 651.252. LICENSE APPLICATION. (a) The commission may
204	204	adopt license application requirements [An applicant] for a funeral
205	205	director's license or an embalmer's license [must submit a written
206	206	license application to the commission and pay the application fee].
207	207	(b) The commission may provide that a person applies for a
208	208	funeral director's or embalmer's license by completing a
209	209	provisional license program under Subchapter G [require an
210	210	applicant to appear before at least one member of the commission for
211	211	approval of the person's application. The approval is subject to
212	212	review by the entire commission.
213	213	[(c) The commission shall keep a permanent, alphabetical
214	214	record of each license application and the action taken on the
215	215	application. The record must indicate the current status of each
216	216	application and license issued].
217	217	SECTION 14. Section 651.164, Occupations Code, is
218	218	transferred to Subchapter F, Chapter 651, Occupations Code,
219	219	redesignated as Section 651.2525, Occupations Code, and amended to
220	220	read as follows:
221	221	Sec. 651.2525 [651.164]. LICENSE EXPIRATION. (a) A funeral
222	222	director's or embalmer's license is valid for 24 months.
223	223	(b) The commission by rule shall [may] adopt a system under
224	224	which licenses expire on various dates during the year. For an
225	225	initial license that is issued for a term of less than 24 months
226	226	[the year in which the license expiration date is changed], the
227	227	commission shall prorate license fees on a monthly basis so that
228	228	each license holder pays only that portion of the license fee that
229	229	is allocable to the number of months during which the license is
230	230	valid. On renewal of the license on the new expiration date, the
231	231	total license renewal fee is payable.
232	232	SECTION 15. Section 651.253, Occupations Code, is amended
233	233	to read as follows:
234	234	Sec. 651.253. GENERAL LICENSE REQUIREMENTS. (a) To be
235	235	eligible for a funeral director's license or an embalmer's license,
236	236	an applicant must:
237	237	(1) be at least 18 years of age;
238	238	(2) have graduated from an accredited high school or
239	239	passed an examination prescribed by the Texas Education Agency;
240	240	(3) have graduated from an accredited school or
241	241	college of mortuary science;
242	242	(4) unless the applicant holds a reciprocal
243	243	[embalmer's] license, have served as a provisional license holder
244	244	for not less than one year under the personal supervision and
245	245	instruction of a funeral director or embalmer, as applicable; and
246	246	(5) have successfully completed the [applicable]
247	247	written examinations [examination] described by Section 651.254
248	248	and by Section 651.255 or 651.256, as applicable.
249	249	(b) Unless the applicant is seeking a reciprocal license, an
250	250	[An] applicant for a funeral director's license or an embalmer's
251	251	license may not be considered for that license until the
252	252	applicant[:
253	253	[(1)] completes all of the requirements of the
254	254	provisional license program before the end of the provisional
255	255	license term[; and
256	256	[(2) attains a grade of at least 75 percent on the
257	257	written examination given by the commission].
258	258	(c) Notwithstanding Subsection (a)(3), the commission may
259	259	adopt rules to allow an applicant who graduated from a school or
260	260	college of mortuary science that is no longer accredited to become
261	261	licensed as a funeral director or embalmer.
262	262	SECTION 16. Section 651.254, Occupations Code, is amended
263	263	to read as follows:
264	264	Sec. 651.254. MORTUARY LAW EXAMINATION. (a) The
265	265	commission shall administer or arrange for the administration of a
266	266	written examination developed by the commission or developed for
267	267	the commission under a contract on:
268	268	(1) laws applicable to vital statistics pertaining to
269	269	dead human bodies; and
270	270	(2) local and state rules and laws relating to the
271	271	preparation, transportation, care, and disposition of dead human
272	272	bodies.
273	273	(b) To pass the examination, an individual must receive a
274	274	grade of at least 75 percent. [LICENSE EXAMINATIONS; RESULTS. (a)
275	275	The examinations for a funeral director's license and an embalmer's
276	276	license shall be held at least annually. The examinations shall be
277	277	given at the time and place designated by the commission. The
278	278	commission shall give notice of the examinations.
279	279	[(b) Not later than the 30th day after the date a person
280	280	takes a licensing examination under this chapter, the commission
281	281	shall notify the person of the results of the examination.
282	282	[(c) If the examination is graded or reviewed by a testing
283	283	service:
284	284	[(1) the commission shall notify the person of the
285	285	results of the examination not later than the 14th day after the
286	286	date the commission receives the results from the testing service;
287	287	and
288	288	[(2) if notice of the examination results will be
289	289	delayed for longer than 90 days after the examination date, the
290	290	commission shall notify the person of the reason for the delay
291	291	before the 90th day.
292	292	[(d) The commission may require a testing service to notify
293	293	a person of the results of the person's examination.
294	294	[(e) If requested in writing by a person who fails a
295	295	licensing examination administered under this chapter, the
296	296	commission shall furnish the person with an analysis of the
297	297	person's performance on the examination.]
298	298	SECTION 17. Sections 651.255, 651.256, 651.258, and
299	299	651.259, Occupations Code, are amended to read as follows:
300	300	Sec. 651.255. EXAMINATION [EXAMINATIONS] REQUIRED FOR
301	301	FUNERAL DIRECTOR'S LICENSE. The commission shall administer or
302	302	arrange for the administration of[:
303	303	[(1)] a written professionally prepared examination
304	304	on:
305	305	(1) [(A)] the art and technique of funeral directing;
306	306	(2) [(B)] the signs of death;
307	307	(3) [(C)] the manner by which death may be determined;
308	308	(4) [(D)] sanitation and hygiene;
309	309	(5) [(E)] mortuary management and mortuary law;
310	310	(6) [(F)] business and professional ethics; and
311	311	(7) [(G)] other subjects that may be taught in a
312	312	recognized school or college of mortuary science[; and
313	313	[(2) a written examination developed by the commission
314	314	or developed for the commission by contract on:
315	315	[(A) laws applicable to vital statistics
316	316	pertaining to dead human bodies; and
317	317	[(B) local and state rules and laws relating to
318	318	the preparation, transportation, care, and disposition of dead
319	319	human bodies].
320	320	Sec. 651.256. EXAMINATION [EXAMINATIONS] REQUIRED FOR
321	321	EMBALMER'S LICENSE. The commission shall administer or arrange for
322	322	the administration of[:
323	323	[(1)] a written professionally prepared examination
324	324	on:
325	325	(1) [(A)] the anatomy of the human body, including:
326	326	(A) [(i)] the cavities of the human body; and
327	327	(B) [(ii)] the arterial and venous system of the
328	328	human body;
329	329	(2) [(B)] blood and discoloration;
330	330	(3) [(C)] bacteriology and hygiene;
331	331	(4) [(D)] pathology;
332	332	(5) [(E)] chemistry and embalming;
333	333	(6) [(F)] arterial and cavity embalming;
334	334	(7) [(G)] restorative art;
335	335	(8) [(H)] disinfecting;
336	336	(9) [(I)] embalming special cases;
337	337	(10) [(J)] contagious and infectious diseases;
338	338	(11) [(K)] mortuary management;
339	339	(12) [(L)] care, preservation, transportation, and
340	340	disposition of dead human bodies;
341	341	(13) [(M)] sanitary science; and
342	342	(14) [(N)] other subjects that may be taught in a
343	343	recognized school or college of mortuary science[; and
344	344	[(2) a written examination developed by the commission
345	345	or developed for the commission by contract on:
346	346	[(A) laws applicable to vital statistics
347	347	pertaining to dead human bodies; and
348	348	[(B) local and state rules and laws relating to
349	349	the care and disposition of dead human bodies].
350	350	Sec. 651.258. LICENSE ISSUANCE. On issuance of a funeral
351	351	director's license or an embalmer's license under this chapter, a
352	352	majority of the commission members shall sign the license. A [The]
353	353	license issued by the commission authorizes the license holder to
354	354	practice embalming, funeral directing, or both.
355	355	Sec. 651.259. APPLICATION BY OUT-OF-STATE LICENSE HOLDER.
356	356	(a) The commission shall waive any requirement for a funeral
357	357	director's license or an embalmer's license for an applicant who
358	358	holds a license issued by another state, country, or territory that
359	359	has license requirements substantially equivalent to the
360	360	requirements of this state and who meets the requirements of this
361	361	section. The commission may waive any license requirement for an
362	362	applicant who holds a license issued by another state that does not
363	363	have license requirements substantially equivalent to those of this
364	364	state and who meets the requirements of this section. [The
365	365	applicant shall pay a license fee in an amount set by the
366	366	commission.]
367	367	(b) Any applicant for a license under this section shall
368	368	file an [a sworn] application that includes:
369	369	(1) a sworn statement that:
370	370	(A) the applicant is the person to whom the
371	371	license was issued;
372	372	(B) the license under which the applicant
373	373	practiced as a funeral director or embalmer in the state, country,
374	374	or territory from which the applicant moved was, at the time the
375	375	applicant left, in effect;
376	376	(C) no proceeding has been instituted against the
377	377	applicant for the cancellation, suspension, or revocation of the
378	378	license in the state, country, or territory that issued the
379	379	license; and
380	380	(D) [(C)] no prosecution is pending against the
381	381	applicant in a state or federal court for an offense that, under the
382	382	laws of this state, is a felony, or is a misdemeanor related to the
383	383	practice of embalming or funeral directing; [and]
384	384	(2) an affidavit of a person described by Subsection
385	385	(c) verifying that:
386	386	(A) the accompanying license has not been
387	387	canceled, suspended, or revoked; and
388	388	(B) the statement of the qualifications made in
389	389	the application for licensure in this state is correct; and
390	390	(3) documentation that the applicant has graduated
391	391	from an accredited college of mortuary science.
392	392	(c) The affidavit must be made by:
393	393	(1) the presiding officer or secretary of the
394	394	governmental entity that issued the license; or
395	395	(2) a registration officer of the state, country, or
396	396	territory that issued the license.
397	397	[(d) The applicant must affirm in the statement that the
398	398	license under which the applicant practiced as a funeral director
399	399	or embalmer in the state, country, or territory from which the
400	400	applicant moved was, at the time the applicant left, in effect.]
401	401	(e) [The commission shall conduct a criminal background
402	402	check on each applicant.] An applicant is not eligible for a
403	403	license under this section if the applicant has, in the 10 years
404	404	preceding the date of the application, been finally convicted of a
405	405	misdemeanor involving moral turpitude or a felony.
406	406	(f) An applicant for a license under this section must[:
407	407	[(1)] provide proof that[:
408	408	[(A) the license is in good standing;
409	409	[(B)] the applicant has practiced under the
410	410	license for at least:
411	411	(1) [(i)] one year in the state, country, or territory
412	412	that issued the license if that state, country, or territory has
413	413	license requirements substantially equivalent to those of this
414	414	state; or
415	415	(2) [(ii)] five years in the state, country, or
416	416	territory that issued the license if that state, country, or
417	417	territory does not have license requirements substantially
418	418	equivalent to those of this state.
419	419	(f-1) An applicant under this section must successfully
420	420	complete the written examination described by Section 651.254[; and
421	421	[(C) the applicant has graduated from an
422	422	accredited college of mortuary science; and
423	423	[(2) pass a written examination of not more than 50
424	424	questions on applicable state laws and commission rules].
425	425	(g) On approval of the application, the applicant shall pay
426	426	a license fee in an amount set by the commission [The commission
427	427	shall conduct the examination under Subsection (f)(2) at each
428	428	regularly scheduled meeting of the commission].
429	429	SECTION 18. The heading to Section 651.260, Occupations
430	430	Code, is amended to read as follows:
431	431	Sec. 651.260. REPLACEMENT [DUPLICATE] LICENSE.
432	432	SECTION 19. Sections 651.260(a) and (c), Occupations Code,
433	433	are amended to read as follows:
434	434	(a) If a license issued under this chapter is lost or
435	435	destroyed, the license holder may apply to the commission for a
436	436	replacement [duplicate] license.
437	437	(c) The commission shall issue a replacement [duplicate]
438	438	license after receipt of the information and payment of the fee set
439	439	by the commission for the replacement [duplicate] license.
440	440	SECTION 20. Section 651.261, Occupations Code, is amended
441	441	to read as follows:
442	442	Sec. 651.261. POSTING OF LICENSE. (a) A license holder
443	443	shall conspicuously display the holder's original license,
444	444	duplicate original license, or replacement license in each place of
445	445	business at which the license holder practices.
446	446	(b) The commission shall issue a duplicate original license
447	447	on application and payment of a fee set by the commission for the
448	448	license if the license holder needs a license to display in multiple
449	449	locations.
450	450	SECTION 21. Section 651.266, Occupations Code, is amended
451	451	to read as follows:
452	452	Sec. 651.266. CONTINUING EDUCATION. The commission by rule
453	453	may require continuing education as a condition for license renewal
454	454	except for a license holder described by Section 651.155 or an
455	455	applicant for renewal described by Section 651.265(b) [651.265].
456	456	If the commission requires continuing education, the commission
457	457	shall require completion of a minimum number of hours of ethics
458	458	training as a required part of that education.
459	459	SECTION 22. Section 651.165, Occupations Code, is
460	460	transferred to Subchapter F, Chapter 651, Occupations Code,
461	461	redesignated as Section 651.2661, Occupations Code, and amended to
462	462	read as follows:
463	463	Sec. 651.2661 [651.165]. RENEWAL OR REINSTATEMENT OF
464	464	LICENSE. (a) A person who is otherwise eligible to renew a license
465	465	may renew an unexpired license by paying the required renewal fee to
466	466	the commission before the expiration date of the license. A person
467	467	whose license has expired may not engage in activities that require
468	468	a license until the license has been renewed.
469	469	(b) A person whose license has been expired for 90 days or
470	470	less may renew the license by paying to the commission a renewal fee
471	471	that is equal to 1-1/2 times the normally required renewal fee.
472	472	(c) A person whose license has been expired for more than 90
473	473	days but less than one year may renew the license by paying to the
474	474	commission a renewal fee that is equal to two times the normally
475	475	required renewal fee.
476	476	(d) A person whose license has been expired for one year or
477	477	more may reinstate [renew] the license by:
478	478	(1) retaking and passing the [applicable] examination
479	479	under Section 651.254;
480	480	(2) paying any applicable fees, including a renewal
481	481	fee that is equal to two times the normally required renewal fee;
482	482	and
483	483	(3) completing any continuing education required
484	484	under Section 651.266.
485	485	(e) A person who was licensed in this state, moved to
486	486	another state, and is currently licensed and has been in practice in
487	487	the other state for the two years preceding the date of application
488	488	may obtain a new license without reexamination if both licenses are
489	489	in good standing. The person must pay to the commission a fee that
490	490	is equal to two times the normally required renewal fee for the
491	491	license.
492	492	(f) At least 30 days before the expiration of a person's
493	493	license, the commission shall send written notice of the impending
494	494	license expiration to the person at the person's last known address
495	495	according to the records of the commission.
496	496	SECTION 23. Section 651.1655, Occupations Code, is
497	497	transferred to Subchapter F, Chapter 651, Occupations Code,
498	498	redesignated as Section 651.2662, Occupations Code, and amended to
499	499	read as follows:
500	500	Sec. 651.2662 [651.1655]. REINSTATEMENT OF SUSPENDED
501	501	LICENSE. If authorized by the commission, a [A] person whose
502	502	license has been suspended may reinstate [renew] the license by:
503	503	(1) paying to the commission a renewal fee that is
504	504	equal to two times the normally required renewal fee;
505	505	(2) paying [in addition to] any penalty assessed by
506	506	the commission;
507	507	(3) completing any continuing education required
508	508	under Section 651.266; and
509	509	(4) passing with a score of at least 75 percent the
510	510	examination under Section 651.254.
511	511	SECTION 24. Sections 651.267(c) and (d), Occupations Code,
512	512	are amended to read as follows:
513	513	(c) A hearing to determine whether to reissue a license
514	514	shall be held before the commission unless the commission requires
515	515	the hearing to be held before an administrative law judge [a
516	516	hearings officer].
517	517	(d) A license that has been revoked may be reissued
518	518	[reinstated] only after the applicant:
519	519	(1) retakes and passes the [applicable] examination
520	520	under Section 651.254;
521	521	(2) pays a fee that is equal to two times the normally
522	522	required renewal fee; [and]
523	523	(3) satisfies any other commission requirements,
524	524	including any continuing education requirements under Section
525	525	651.266; and
526	526	(4) pays any penalty assessed by the commission.
527	527	SECTION 25. Section 651.302, Occupations Code, is amended
528	528	to read as follows:
529	529	Sec. 651.302. APPLICATION; ISSUANCE OF PROVISIONAL
530	530	LICENSE. (a) The commission shall issue a provisional license to
531	531	practice funeral directing to an applicant who:
532	532	(1) is at least 18 years of age;
533	533	(2) has completed the educational requirements of
534	534	Section 651.253 or is enrolled in an accredited school or college of
535	535	mortuary science;
536	536	(3) is employed by a funeral establishment [director]
537	537	to learn funeral directing [or embalming] under the instruction and
538	538	supervision of a [the] funeral director;
539	539	(4) files an application for a provisional license on
540	540	a form provided by the commission and verified under oath by the
541	541	applicant; [and]
542	542	(5) pays any required application or license fee; and
543	543	(6) complies with the requirements of this chapter and
544	544	of the commission.
545	545	(b) The commission shall issue a provisional license to
546	546	practice embalming to an applicant who:
547	547	(1) is at least 18 years of age;
548	548	(2) has completed the educational requirements of
549	549	Section 651.253 or is enrolled in an accredited school or college of
550	550	mortuary science;
551	551	(3) is employed by a funeral establishment or
552	552	commercial embalming facility to learn embalming under the
553	553	instruction and supervision of an embalmer;
554	554	(4) files an application for a provisional license on
555	555	a form provided by the commission and verified under oath by the
556	556	applicant;
557	557	(5) [(4)] pays any required application or license
558	558	fee; and
559	559	(6) [(5)] complies with the requirements of this
560	560	chapter and of the commission.
561	561	(c) The commission may waive the requirements of Subsection
562	562	(a)(2) or (b)(2) for a period not to exceed 12 months and issue to an
563	563	applicant a provisional license that expires at the end of that
564	564	period.
565	565	(d) An applicant must submit to a criminal background check
566	566	before submitting an application for a license.
567	567	SECTION 26. Section 651.303, Occupations Code, is amended
568	568	by adding Subsections (a-1) and (e-1) to read as follows:
569	569	(a-1) A provisional license holder may work only:
570	570	(1) in a funeral establishment or commercial embalming
571	571	facility licensed by the commission; and
572	572	(2) under the direct and personal supervision of a
573	573	funeral director or embalmer, as applicable.
574	574	(e-1) The commission by rule shall prescribe case reporting
575	575	requirements for provisional license holders. The commission shall
576	576	provide case report forms to be used by a provisional license
577	577	holder.
578	578	SECTION 27. The heading to Section 651.304, Occupations
579	579	Code, is amended to read as follows:
580	580	Sec. 651.304. EMPLOYMENT NOTIFICATION [REPORTS].
581	581	SECTION 28. Section 651.304, Occupations Code, is amended
582	582	by amending Subsections (a) and (d) and adding Subsection (b) to
583	583	read as follows:
584	584	(a) On entering employment with a funeral establishment or
585	585	commercial embalming facility [director or embalmer], a
586	586	provisional license holder shall immediately notify the commission
587	587	of the name of the establishment or facility where [and place of
588	588	business of the funeral director or embalmer under whom] the
589	589	provisional license holder will train. The funeral director or
590	590	embalmer in charge must [shall] sign the notification.
591	591	(b) A provisional license holder must be employed by a
592	592	funeral establishment or commercial embalming facility, as
593	593	applicable, during the term of the provisional license. If a
594	594	provisional license holder is not employed as required by this
595	595	subsection, the commission shall cancel the provisional license.
596	596	(d) If a provisional license holder leaves the employment of
597	597	the funeral establishment or commercial embalming facility [a
598	598	funeral director or embalmer], the funeral director or embalmer in
599	599	charge shall prepare an affidavit showing the length of time the
600	600	provisional license holder was employed and the number of cases
601	601	handled while employed by the funeral establishment or facility
602	602	[director or embalmer]. The funeral director or embalmer shall
603	603	file the original affidavit [shall be filed] with the commission as
604	604	[and made] a matter of record. The funeral director or embalmer
605	605	shall provide a [A] copy of the affidavit [shall be furnished] to
606	606	the provisional license holder.
607	607	SECTION 29. Subchapter G, Chapter 651, Occupations Code, is
608	608	amended by adding Section 651.3045 to read as follows:
609	609	Sec. 651.3045. TERM OF PROVISIONAL LICENSE. (a) Except as
610	610	provided by Subsection (c), a provisional license is valid for 12
611	611	consecutive months and may be renewed only once for a period not to
612	612	exceed an additional 12 consecutive months.
613	613	(b) The commission shall cancel a provisional license if the
614	614	license holder fails to complete the licensing requirements of the
615	615	provisional license program within 24 consecutive months.
616	616	(c) If a provisional license holder holds a provisional
617	617	license issued under Section 651.302(c), the provisional license
618	618	may be renewed for a period not to exceed 24 consecutive months and
619	619	the provisional license holder must complete the licensing
620	620	requirements of the provisional license program within 36
621	621	consecutive months.
622	622	SECTION 30. Section 651.305, Occupations Code, is amended
623	623	by amending Subsections (c) and (d) and adding Subsections (d-1),
624	624	(d-2), and (d-3) to read as follows:
625	625	(c) If a provisional license holder fails to renew the
626	626	provisional license [timely pay the renewal fee], the commission
627	627	shall:
628	628	(1) impose a late payment penalty equal to the amount
629	629	of the license renewal fee;
630	630	(2) suspend the license for nonpayment; and
631	631	(3) notify the provisional license holder of the
632	632	suspension.
633	633	(d) If the renewal fee and penalty are not paid before the
634	634	91st day after the date of the notice of suspension, the commission
635	635	shall cancel the license.
636	636	(d-1) If the license is canceled under Subsection (d) [this
637	637	subsection], the provisional license holder may apply for
638	638	reinstatement not later than the date the license would have
639	639	expired if the license had been renewed [not later than 18 months
640	640	after the date of cancellation]. The commission may reinstate the
641	641	canceled license if:
642	642	(1) all other commission requirements are satisfied;
643	643	and
644	644	(2) the license fee and a late payment penalty equal to
645	645	the amount of the license fee for the period of the cancellation are
646	646	paid.
647	647	(d-2) A reinstated license expires on the date the license
648	648	would have expired if the license had been timely renewed.
649	649	(d-3) A provisional license holder may not work as a funeral
650	650	director or embalmer while the license is suspended or canceled.
651	651	SECTION 31. Subchapter G, Chapter 651, Occupations Code, is
652	652	amended by adding Section 651.3055 to read as follows:
653	653	Sec. 651.3055. REAPPLICATION FOR PROVISIONAL LICENSE. (a)
654	654	A person who does not complete the provisional license program
655	655	within the prescribed period may reapply for a provisional license.
656	656	(b) A person who reapplies for a provisional license must
657	657	comply with the requirements of Section 651.303. Casework performed
658	658	under a previous provisional license may not be counted toward the
659	659	requirements for the new provisional license. The commission may
660	660	adopt rules to allow casework performed under a previous
661	661	provisional license to transfer to a new provisional license if the
662	662	license holder requests a hardship exemption.
663	663	(c) A person may reapply for a provisional license under
664	664	this section only once.
665	665	SECTION 32. The heading to Subchapter H, Chapter 651,
666	666	Occupations Code, is amended to read as follows:
667	667	SUBCHAPTER H. LICENSE REQUIREMENTS: CEMETERY, FUNERAL, AND
668	668	COMMERCIAL EMBALMING [EMBALMER] ESTABLISHMENTS
669	669	SECTION 33. Section 651.351, Occupations Code, is amended
670	670	by amending Subsections (d), (f), (g), and (h) and adding
671	671	Subsection (h-1) to read as follows:
672	672	(d) A funeral establishment must:
673	673	(1) meet the building, fire safety, and health
674	674	standards and health ordinances of this state and of the
675	675	municipality in which the establishment is located;
676	676	(2) except as provided by Subsection (i), be located
677	677	at a fixed place that is not tax-exempt property or a cemetery;
678	678	(3) include facilities in which funeral services may
679	679	be conducted;
680	680	(4) have access to vehicles [rolling stock] consisting
681	681	of at least one motor hearse;
682	682	(5) include a preparation room containing the
683	683	facilities, equipment, and supplies required by commission rule to
684	684	ensure the provision of adequate embalming services;
685	685	(6) include other facilities as necessary to comply
686	686	with the sanitary codes of this state and of the municipality in
687	687	which the room is located; [and]
688	688	(7) include a display containing sufficient
689	689	merchandise to permit reasonable selection, including at least
690	690	[five adult caskets,] two [of which must be] full-size caskets, one
691	691	of which must be the least expensive casket offered, that are [and]
692	692	displayed in a setting that allows for private selection; and
693	693	(8) conspicuously display the funeral establishment's
694	694	license [casket showroom].
695	695	(f) Other than the two full-size caskets, the merchandise
696	696	[The least expensive casket] displayed under Subsection (d)(7)
697	697	[must be a full-size casket displayed in the same general manner as
698	698	the other full-size caskets are displayed. The three adult caskets
699	699	that are not required to be full-size under Subsection (d)(7)] may
700	700	be displayed:
701	701	(1) in a partial panel display; or
702	702	(2) by video or brochure, online, or in any other
703	703	manner.
704	704	(g) The commission may exempt a funeral establishment from
705	705	the requirements of Subsection (d)(5) if[:
706	706	[(1)] the majority owner or designated agent of record
707	707	of a funeral establishment submits a written petition to the
708	708	commission requesting an exemption and stating:
709	709	(1) [(A)] the establishment's name and address;
710	710	(2) [(B)] that the establishment is located within 50
711	711	miles of a facility owned by the establishment requesting the
712	712	exemption and at which embalming services may be performed; and
713	713	(3) [(C)] that no embalming services will be performed
714	714	at the establishment[; and
715	715	[(2) the commission determines that the criteria in
716	716	Subdivision (1) have been met].
717	717	(h) The executive director shall notify the petitioner of
718	718	the commission's decision on an exemption request under Subsection
719	719	(g).
720	720	(h-1) An [The] exemption under Subsection (g) remains in
721	721	effect until the conditions required for the exemption are no
722	722	longer met[:
723	723	[(1) the establishment is no longer located within 50
724	724	miles of a facility owned by the exempt establishment or at which
725	725	embalming services may be performed; or
726	726	[(2) an embalming service has been performed at the
727	727	establishment].
728	728	SECTION 34. The heading to Section 651.352, Occupations
729	729	Code, is amended to read as follows:
730	730	Sec. 651.352. COMMERCIAL EMBALMING [EMBALMERS]
731	731	ESTABLISHMENT LICENSE REQUIREMENTS.
732	732	SECTION 35. Sections 651.352(a), (b), (c), and (e),
733	733	Occupations Code, are amended to read as follows:
734	734	(a) In this section, "commercial embalming [embalmers]
735	735	establishment" means a funeral [an] establishment that:
736	736	(1) embalms for other licensed funeral
737	737	establishments; and
738	738	(2) does not sell services or merchandise directly or
739	739	at retail to the public[; and
740	740	[(3) meets the requirements for an embalmers license].
741	741	(b) An establishment that functions solely as a commercial
742	742	embalming [embalmers] establishment is required to hold a
743	743	commercial embalming [embalmers] establishment license and [but]
744	744	is [not] required to comply with the requirements for a funeral
745	745	establishment license under Section 651.351 except for the
746	746	requirements of Sections 651.351(d)(3)[, (d)(6),] and (d)(7)
747	747	[(f)].
748	748	(c) A commercial embalming [embalmers] establishment may
749	749	employ an embalmer only if the embalmer is licensed under this
750	750	chapter.
751	751	(e) A licensed commercial embalming [embalmers]
752	752	establishment that meets the licensing requirements under
753	753	Subchapter N may hold a crematory establishment license.
754	754	SECTION 36. Section 651.401, Occupations Code, is amended
755	755	to read as follows:
756	756	Sec. 651.401. REMOVAL OF DEAD HUMAN BODY [FIRST CALL]. (a)
757	757	A funeral director [or embalmer] must direct [and personally
758	758	supervise] the pickup of a dead human body [on first call].
759	759	(b) A dead human body may be transferred without a funeral
760	760	director directing [personally making] the transfer at the
761	761	direction of a justice of the peace or other law enforcement
762	762	official[:
763	763	[(1) from one funeral establishment to another;
764	764	[(2) from a funeral establishment to and from a morgue
765	765	in which an autopsy is performed;
766	766	[(3) to and from an airport, crematory, or both; or
767	767	[(4) in circumstances in which there is no reasonable
768	768	probability that an unlicensed person will encounter a family
769	769	member or other person with whom funeral arrangements are normally
770	770	made by a funeral director or embalmer].
771	771	(c) A funeral director may direct an unlicensed person, a
772	772	provisional license holder, or an embalmer in the removal of a dead
773	773	human body. A funeral director who directs the removal of a dead
774	774	human body by an unlicensed person is strictly accountable for
775	775	compliance with the requirements of this chapter. If an unlicensed
776	776	person, a provisional license holder, or an embalmer inadvertently
777	777	encounters a family member or other person with whom funeral
778	778	arrangements are normally made, the [unlicensed] person shall
779	779	restrict communication with the family member or other person to:
780	780	(1) identifying the [unlicensed] person's employer;
781	781	and
782	782	(2) [arranging an appointment with the unlicensed
783	783	person's employer for a family member or other person who indicates
784	784	a desire to make funeral arrangements for the deceased; and
785	785	[(3)] making any disclosure to the family member or
786	786	other person that is required by federal or state law or regulation.
787	787	[(d) A funeral director or embalmer who directs the removal
788	788	or transfer of a dead human body without personally supervising the
789	789	transfer is strictly accountable for compliance with the
790	790	requirements of first call as provided by this section.]
791	791	SECTION 37. Subchapter I, Chapter 651, Occupations Code, is
792	792	amended by adding Section 651.4031 to read as follows:
793	793	Sec. 651.4031. DESIGNATION OF EMBALMER IN CHARGE; EFFECT
794	794	OF VIOLATION. (a) A commercial embalming establishment shall:
795	795	(1) designate to the commission an embalmer in charge;
796	796	and
797	797	(2) promptly notify the commission of any change in
798	798	that designation.
799	799	(b) The embalmer in charge is directly responsible for the
800	800	embalming business of the commercial embalming establishment.
801	801	(c) The embalmer in charge is ultimately responsible for
802	802	compliance with mortuary laws. The embalmer in charge may be
803	803	charged with a violation of this chapter if a violation occurs in
804	804	the commercial embalming establishment.
805	805	SECTION 38. Section 651.404, Occupations Code, is amended
806	806	to read as follows:
807	807	Sec. 651.404. CONSUMER BROCHURE. When funeral services are
808	808	discussed, a funeral director or agent of the funeral establishment
809	809	shall provide each prospective customer with a copy of the brochure
810	810	prepared by the commission under Section 651.201. [The funeral
811	811	establishment shall print additional copies of the brochure if the
812	812	commission is unable to provide the number of brochures needed by
813	813	the funeral establishment.]
814	814	SECTION 39. Section 651.407(c), Occupations Code, is
815	815	amended to read as follows:
816	816	(c) The funeral establishment shall retain a copy of the
817	817	written consent for at least two years and shall make the records of
818	818	the funeral establishment reasonably available for inspection by:
819	819	(1) the commission; and
820	820	(2) the person who provided the consent, as provided
821	821	by Section 711.002, Health and Safety Code [; and
822	822	[(3) the next of kin of the deceased person].
823	823	SECTION 40. The heading to Section 651.454, Occupations
824	824	Code, is amended to read as follows:
825	825	Sec. 651.454. [OTHER] UNETHICAL CONDUCT IN SOLICITING
826	826	CUSTOMERS.
827	827	SECTION 41. Section 651.454(a), Occupations Code, is
828	828	amended to read as follows:
829	829	(a) A person violates this chapter if the person, in
830	830	arranging for funeral services or merchandise, fails to:
831	831	(1) provide a prospective customer at the beginning of
832	832	the arrangement process with a copy of the brochure required by
833	833	Section 651.404;
834	834	(2) provide to a prospective customer inquiring in
835	835	person about any funeral service or merchandise a retail price list
836	836	for the prospective customer to keep;
837	837	(3) explain to a prospective customer that a purchase
838	838	[contractual] agreement for funeral services or merchandise may not
839	839	be entered into before a retail price list is provided to the
840	840	prospective customer; or
841	841	(4) provide general price information by telephone
842	842	within a reasonable time.
843	843	SECTION 42. Sections 651.457 and 651.458, Occupations Code,
844	844	are amended to read as follows:
845	845	Sec. 651.457. UNETHICAL CONDUCT REGARDING EMBALMING. (a)
846	846	A person violates this chapter if the person:
847	847	(1) embalms a body without:
848	848	(A) receiving the express written or oral
849	849	permission of a person authorized to make funeral arrangements for
850	850	the deceased; or
851	851	(B) making a documented reasonable effort over a
852	852	period of at least three hours to obtain the permission;
853	853	(2) [embalms or attempts to embalm a dead human body
854	854	without proper authority, evidence of which includes making an
855	855	incision on the body, raising a circulatory vessel of the body, or
856	856	injecting a chemical into the body;
857	857	[(3)] allows the presence or participation of a
858	858	student for credit or satisfaction of academic requirements during
859	859	the embalming of a dead human body without complying with Section
860	860	651.407; or
861	861	(3) [(4)] places a chemical or substance on or in a
862	862	dead human body to disinfect or preserve the body or to restore body
863	863	tissues and structures without holding an embalmer's license.
864	864	(b) Notwithstanding Subsection (a)(3) [(a)(4)], a
865	865	provisional license holder does not violate this chapter if the
866	866	provisional license holder places a chemical or substance on or in a
867	867	dead human body to disinfect or preserve the body or to restore body
868	868	tissues and structures under the supervision of an embalmer.
869	869	(c) For purposes of this section, "embalms a body" includes
870	870	an attempt to embalm a body, evidence of which includes making an
871	871	incision on the body, raising a circulatory vessel of the body, or
872	872	injecting a chemical into the body.
873	873	Sec. 651.458. UNETHICAL CONDUCT BY FUNERAL ESTABLISHMENT.
874	874	A person violates this chapter if the person makes a distinction in
875	875	providing funeral information to a customer because [regardless] of
876	876	any affiliation of the customer or because [whether] the customer
877	877	does or does not have [has] a present need for the services or
878	878	merchandise.
879	879	SECTION 43. The heading to Section 651.459, Occupations
880	880	Code, is amended to read as follows:
881	881	Sec. 651.459. [OTHER] UNETHICAL CONDUCT IN PROVIDING
882	882	FUNERAL SERVICES.
883	883	SECTION 44. Section 651.459(a), Occupations Code, is
884	884	amended to read as follows:
885	885	(a) A person violates this chapter if the person:
886	886	(1) wilfully makes a false statement on:
887	887	(A) a death certificate, including forgery of a
888	888	physician's signature; or
889	889	(B) a document required by this chapter or a rule
890	890	adopted under this chapter;
891	891	(2) engages in fraudulent, [unprofessional, or]
892	892	deceptive, [conduct in providing funeral services or merchandise to
893	893	a customer;
894	894	[(3) engages in] dishonest [conduct], wilful,
895	895	unprofessional, or negligent conduct in providing [, or negligence
896	896	in the practice of] embalming services or funeral services or
897	897	merchandise to a customer [directing] that is likely to or does
898	898	deceive, defraud, or otherwise injure the public;
899	899	(3) [(4)] causes the execution of a document by the
900	900	use of fraud, deceit, or misrepresentation;
901	901	(4) [(5)] directly or indirectly employs a person to
902	902	solicit individuals or institutions by whose influence dead human
903	903	bodies may be turned over to a particular funeral director,
904	904	embalmer, or funeral establishment;
905	905	(5) [(6)] misappropriates funds held by a license
906	906	holder, a funeral establishment, an employee or agent of the
907	907	funeral establishment, or another depository, that create an
908	908	obligation to provide a funeral service or merchandise, including
909	909	retaining for an unreasonable time excess funds paid by or on behalf
910	910	of the customer for which the customer is entitled to a refund; or
911	911	(6) [(7)] performs acts of funeral directing or
912	912	embalming that are outside the licensed scope and authority of the
913	913	license holder, or performs acts of funeral directing or embalming
914	914	in a capacity other than that of an employee, agent, subcontractor,
915	915	or assignee of a licensed funeral establishment that has contracted
916	916	to perform those acts.
917	917	SECTION 45. Section 651.461, Occupations Code, is amended
918	918	to read as follows:
919	919	Sec. 651.461. DEFENSE TO VIOLATION. A person licensed
920	920	under this chapter does not violate this chapter by engaging in
921	921	conduct regarding funeral arrangements under the direction of a
922	922	person who:
923	923	(1) represents in writing to the license holder that
924	924	the person is authorized to make funeral arrangements for the
925	925	deceased; and
926	926	(2) provides written directions to the license holder
927	927	in the manner provided by Section 711.002, Health and Safety Code.
928	928	SECTION 46. Section 651.508, Occupations Code, is
929	929	transferred to Subchapter J, Chapter 651, Occupations Code,
930	930	redesignated as Section 651.462, Occupations Code, and amended to
931	931	read as follows:
932	932	Sec. 651.462 [651.508]. ENFORCEMENT OF LAW REGULATING
933	933	CREMATORIES. A [For purposes of this subchapter, a] person
934	934	regulated under this chapter that violates Chapter 716, Health and
935	935	Safety Code, violates this chapter.
936	936	SECTION 47. Section 651.501(a), Occupations Code, is
937	937	amended to read as follows:
938	938	(a) The [After a hearing as provided by this subchapter,
939	939	the] commission may issue a letter of warning [reprimand], assess
940	940	an administrative penalty, revoke or [,] suspend a license, place a
941	941	license holder on probation [or probate the suspension of a license
942	942	or provisional license], or impose any combination of those
943	943	penalties if the commission determines that a person regulated
944	944	under this chapter has violated [for a violation of] this chapter or
945	945	a rule adopted under this chapter.
946	946	SECTION 48. Subchapter K, Chapter 651, Occupations Code, is
947	947	amended by adding Section 651.5012 to read as follows:
948	948	Sec. 651.5012. CHARGING FUNERAL ESTABLISHMENT WITH
949	949	VIOLATION. Notwithstanding Section 651.501(b), in determining
950	950	whether to charge a funeral establishment with a violation, the
951	951	commission may consider:
952	952	(1) the nature and seriousness of the violation; and
953	953	(2) the extent to which the owner or manager of the
954	954	funeral establishment made any decision that led to the conduct
955	955	that constitutes a violation.
956	956	SECTION 49. The heading to Section 651.502, Occupations
957	957	Code, is amended to read as follows:
958	958	Sec. 651.502. LICENSE DENIAL[; EFFECT OF CRIMINAL
959	959	CONVICTION].
960	960	SECTION 50. Section 651.502, Occupations Code, is amended
961	961	by amending Subsections (a) and (b) and adding Subsection (a-1) to
962	962	read as follows:
963	963	(a) After a hearing before the commission, the [The]
964	964	commission may[, before a hearing or a waiver of a right to a
965	965	hearing,] refuse to issue or renew:
966	966	(1) a license or provisional license to a person who
967	967	has violated this chapter or a rule adopted under this chapter or
968	968	who has a criminal conviction; or
969	969	(2) an establishment license to an individual,
970	970	partnership, or corporation if the individual, a partner, or an
971	971	officer or director of the corporation:
972	972	(A) has violated this chapter or a rule adopted
973	973	under this chapter;
974	974	(B) previously held an establishment license
975	975	that was suspended or revoked; or
976	976	(C) attempts to avoid a revocation, suspension,
977	977	or license denial [refusal] by subterfuge or other evasive means.
978	978	(a-1) The commission may, after a hearing held under
979	979	Subsection (a), order that a license be issued or renewed on a
980	980	probationary basis through execution of an agreed order.
981	981	(b) A person who is refused the issuance or renewal of [to
982	982	whom the commission refuses to issue] a license under Subsection
983	983	(a) may appeal the decision by submitting a written request for a
984	984	hearing in accordance with Chapter 2001, Government Code, not later
985	985	than the 30th day after the date of the refusal.
986	986	SECTION 51. The heading to Section 651.503, Occupations
987	987	Code, is amended to read as follows:
988	988	Sec. 651.503. LETTER OF WARNING; REPORT BY LICENSE HOLDER.
989	989	SECTION 52. Section 651.503(a), Occupations Code, is
990	990	amended to read as follows:
991	991	(a) The commission shall issue a written warning to a
992	992	license holder if the commission:
993	993	(1) conducts an investigation that identifies a
994	994	violation of this chapter by the license holder; and
995	995	(2) does not [issue a reprimand, assess an
996	996	administrative penalty, or] impose any other penalty against the
997	997	license holder.
998	998	SECTION 53. Section 651.505, Occupations Code, is amended
999	999	by amending Subsection (a) and adding Subsection (d) to read as
1000	1000	follows:
1001	1001	(a) If the commission places a license holder on probation
1002	1002	[a person whose license has been suspended], the commission may
1003	1003	impose conditions on the probation that are reasonable and related
1004	1004	to the reason the license holder was placed on probation [violation
1005	1005	for which the license was suspended]. If the commission orders
1006	1006	probation, the commission may require the license holder to:
1007	1007	(1) report regularly to the commission on matters that
1008	1008	are the basis of the probation;
1009	1009	(2) limit practice to the areas prescribed by the
1010	1010	commission; or
1011	1011	(3) continue or renew professional education until the
1012	1012	license holder attains a degree of skill satisfactory to the
1013	1013	commission in those areas that are the basis of the probation.
1014	1014	(d) The commission may revoke the license of a license
1015	1015	holder without a hearing if the commission determines the license
1016	1016	holder violated the terms of probation. The license holder may
1017	1017	appeal the decision by submitting a written request for a hearing in
1018	1018	accordance with this chapter and Chapter 2001, Government Code, not
1019	1019	later than the 30th day after the date of the revocation.
1020	1020	SECTION 54. Section 651.506(a), Occupations Code, is
1021	1021	amended to read as follows:
1022	1022	(a) A proceeding conducted by the commission relating to an
1023	1023	appeal of the denial of a license or provisional license, the
1024	1024	suspension or revocation of a license, [the issuance of a
1025	1025	reprimand,] or the imposition of an administrative penalty under
1026	1026	Subchapter L [assessed after a hearing as provided by Section
1027	1027	651.551] and judicial review of the proceeding are governed by
1028	1028	Chapter 2001, Government Code.
1029	1029	SECTION 55. Section 651.506(f), Occupations Code, is
1030	1030	redesignated as Section 651.50601, Occupations Code, and amended to
1031	1031	read as follows:
1032	1032	Sec. 651.50601. DECISION BY COMMISSION. [(f)] The
1033	1033	commission shall review the findings of fact, conclusions of law,
1034	1034	and ruling of the administrative law judge in a proceeding under
1035	1035	Section 651.506 before making its final ruling in the proceeding.
1036	1036	The commission may also review a transcript of the proceeding
1037	1037	before making its final ruling. The commission shall adopt the
1038	1038	ruling of the administrative law judge as its ruling unless it finds
1039	1039	good cause to issue a different ruling. The commission shall
1040	1040	explain in writing the reasons for adopting a ruling other than the
1041	1041	one issued by the administrative law judge.
1042	1042	SECTION 56. Subchapter K, Chapter 651, Occupations Code, is
1043	1043	amended by adding Section 651.5029 to read as follows:
1044	1044	Sec. 651.5029. REPORT AND NOTICE OF VIOLATION AND PENALTY.
1045	1045	(a) If, after examining a possible violation and the facts relating
1046	1046	to that violation, the commission determines that a violation has
1047	1047	occurred, the commission shall issue a preliminary report stating:
1048	1048	(1) the facts on which the determination is based;
1049	1049	(2) that a sanction may be imposed; and
1050	1050	(3) the types of sanctions that may be imposed for the
1051	1051	violation.
1052	1052	(b) Not later than the 10th day after the date the report is
1053	1053	issued, the commission shall send to the person charged with the
1054	1054	violation:
1055	1055	(1) a copy of the report;
1056	1056	(2) a statement of the right of the person to a hearing
1057	1057	relating to the alleged violation;
1058	1058	(3) a statement of the types of sanctions that may be
1059	1059	imposed for the violation; and
1060	1060	(4) a statement that the person may request an
1061	1061	informal proceeding.
1062	1062	(c) Until a hearing has been held on the possible violation,
1063	1063	the possible violation and the sanctions that may be imposed may be
1064	1064	disclosed only to the person charged with the violation, unless
1065	1065	that person has waived the right to a hearing or paid the amount to
1066	1066	the commission.
1067	1067	SECTION 57. Subchapter K, Chapter 651, Occupations Code, is
1068	1068	amended by adding Section 651.5065 to read as follows:
1069	1069	Sec. 651.5065. INFORMAL PROCEEDINGS. (a) The commission
1070	1070	by rule shall adopt procedures governing:
1071	1071	(1) informal disposition of a contested case under
1072	1072	Section 2001.056, Government Code; and
1073	1073	(2) an informal proceeding held in compliance with
1074	1074	Section 2001.054, Government Code.
1075	1075	(b) Rules adopted under this section must:
1076	1076	(1) provide the complainant and the license holder an
1077	1077	opportunity to be heard; and
1078	1078	(2) require the presence of a representative of the
1079	1079	commission's legal staff or of the attorney general to advise the
1080	1080	commission or the commission's employees.
1081	1081	SECTION 58. Section 651.5515, Occupations Code, is
1082	1082	transferred to Subchapter K, Chapter 651, Occupations Code,
1083	1083	redesignated as Section 651.5075, Occupations Code, and amended to
1084	1084	read as follows:
1085	1085	Sec. 651.5075 [651.5515]. SANCTIONS SCHEDULE [PENALTY
1086	1086	GUIDELINES]. (a) The commission by rule shall adopt a sanctions
1087	1087	schedule [guidelines that define and summarize the violations that
1088	1088	occur under this subchapter to assist the commission in maintaining
1089	1089	consistency in determining the amount of an administrative penalty
1090	1090	assessed under Section 651.552. Using those guidelines and the
1091	1091	summary, the commission shall establish and maintain a chart] that
1092	1092	lists:
1093	1093	(1) the most common violations that occur under this
1094	1094	chapter;
1095	1095	(2) the types of sanctions, including administrative
1096	1096	penalties, that may be imposed [penalty amounts assessed] for those
1097	1097	violations; and
1098	1098	(3) the factors used to determine the sanction that
1099	1099	may be imposed for [grade] each [type of] violation [before
1100	1100	determining the penalty amount under Section 651.552].
1101	1101	(b) The commission shall [consider using focus groups to]
1102	1102	obtain business and consumer input to match appropriate sanctions
1103	1103	[penalties] to violations before proposing the rules under this
1104	1104	section.
1105	1105	(c) The commission shall post the schedule [guidelines] on
1106	1106	the commission's Internet site.
1107	1107	SECTION 59. Section 651.552(b), Occupations Code, is
1108	1108	amended to read as follows:
1109	1109	(b) In determining the amount of the penalty, the commission
1110	1110	shall base its decision on:
1111	1111	(1) the seriousness of the violation;
1112	1112	(2) the threat the violation poses to health and
1113	1113	safety;
1114	1114	(3) the history of previous violations;
1115	1115	(4) the amount necessary to deter a future violation;
1116	1116	(5) efforts made to correct the violation;
1117	1117	(6) the sanctions schedule [guidelines] adopted under
1118	1118	Section 651.5075 [651.5515]; and
1119	1119	(7) any other matter that justice requires.
1120	1120	SECTION 60. Section 651.602, Occupations Code, is amended
1121	1121	by amending Subsection (b) and adding Subsection (c) to read as
1122	1122	follows:
1123	1123	(b) A person commits an offense if the person:
1124	1124	(1) participates in or influences the management or
1125	1125	operation of a funeral establishment;
1126	1126	(2) has held a license that was revoked, suspended, or
1127	1127	canceled by the commission; and
1128	1128	(3) does not hold a license issued by the commission.
1129	1129	(c) An offense under this section is a Class B misdemeanor.
1130	1130	SECTION 61. Section 651.652, Occupations Code, is amended
1131	1131	to read as follows:
1132	1132	Sec. 651.652. APPLICABILITY. (a) This subchapter applies
1133	1133	only to a crematory that sells goods or services related to the
1134	1134	[burial or] final disposition of a body.
1135	1135	SECTION 62. The following sections of the Occupations Code
1136	1136	are repealed:
1137	1137	(1) Section 651.257;
1138	1138	(2) Section 651.2595;
1139	1139	(3) Section 651.264;
1140	1140	(4) Sections 651.303(b) and (c);
1141	1141	(5) Section 651.304(e);
1142	1142	(6) Section 651.305(e) and (f);
1143	1143	(7) Section 651.354(d);
1144	1144	(8) Section 651.355;
1145	1145	(9) Sections 651.502(c) and (d);
1146	1146	(10) Section 651.5026;
1147	1147	(11) Section 651.504;
1148	1148	(12) Sections 651.506(g) and (h);
1149	1149	(13) Section 651.5061; and
1150	1150	(14) Section 651.559.
1151	1151	SECTION 63. Section 651.051(a)(2), Occupations Code, as
1152	1152	amended by this Act, applies only to a member of the Texas Funeral
1153	1153	Service Commission appointed on or after the effective date of this
1154	1154	Act. A member appointed before the effective date of this Act may
1155	1155	continue to serve until the expiration of the member's term.
1156	1156	SECTION 64. Sections 651.253 and 651.258, Occupations Code,
1157	1157	as amended by this Act, apply only to a person who applies for a
1158	1158	funeral director's license or embalmer's license on or after the
1159	1159	effective date of this Act. A person who applies for a funeral
1160	1160	director's license or embalmer's license before the effective date
1161	1161	of this Act is governed by the law in effect on the date the person
1162	1162	applied for that license, and the former law is continued in effect
1163	1163	for that purpose.
1164	1164	SECTION 65. Section 651.2661, Occupations Code, as
1165	1165	transferred, redesignated, and amended by this Act, applies only to
1166	1166	a person who applies for reinstatement of a license on or after the
1167	1167	effective date of this Act. A person who applies for renewal of a
1168	1168	license under former Section 651.165, Occupations Code, before the
1169	1169	effective date of this Act is governed by the law in effect on the
1170	1170	date the person applied for renewal, and the former law is continued
1171	1171	in effect for that purpose.
1172	1172	SECTION 66. Section 651.2662, Occupations Code, as
1173	1173	transferred, redesignated, and amended by this Act, applies only to
1174	1174	a person who applies for reinstatement of a license on or after the
1175	1175	effective date of this Act. A person who applies for reinstatement
1176	1176	of a license under former Section 651.1655, Occupations Code,
1177	1177	before the effective date of this Act is governed by the law in
1178	1178	effect on the date the person applied for reinstatement, and the
1179	1179	former law is continued in effect for that purpose.
1180	1180	SECTION 67. Section 651.267, Occupations Code, as amended
1181	1181	by this Act, applies only to a person who applies for reissuance of
1182	1182	a license on or after the effective date of this Act. A person who
1183	1183	applies for reissuance of a license before the effective date of
1184	1184	this Act is governed by the law in effect on the date the person
1185	1185	applied for reissuance, and the former law is continued in effect
1186	1186	for that purpose.
1187	1187	SECTION 68. Section 651.502, Occupations Code, as amended
1188	1188	by this Act, applies only to a person who applies for the issuance
1189	1189	or renewal of a license on or after the effective date of this Act. A
1190	1190	person who applies for the issuance or renewal of a license before
1191	1191	the effective date of this Act is governed by the law in effect on
1192	1192	the date the person applied, and the former law is continued in
1193	1193	effect for that purpose.
1194	1194	SECTION 69. Section 651.505, Occupations Code, as amended
1195	1195	by this Act, applies only to a person placed on probation on or
1196	1196	after the effective date of this Act. A person placed on probation
1197	1197	before the effective date of this Act is governed by the law in
1198	1198	effect on the date the person was placed on probation, and the
1199	1199	former law is continued in effect for that purpose.
1200	1200	SECTION 70. Section 651.506, Occupations Code, as amended
1201	1201	by this Act, and Section 651.50601, Occupations Code, as
1202	1202	redesignated and amended by this Act, apply only to a proceeding
1203	1203	initiated on or after the effective date of this Act. A proceeding
1204	1204	initiated before the effective date of this Act is governed by the
1205	1205	law in effect on the date the proceeding was initiated, and the
1206	1206	former law is continued in effect for that purpose.
1207	1207	SECTION 71. Section 651.5029, Occupations Code, as added by
1208	1208	this Act, applies only to a violation that occurs on or after the
1209	1209	effective date of this Act. A violation that occurs before the
1210	1210	effective date of this Act is governed by the law in effect on the
1211	1211	date the violation occurred, and the former law is continued in
1212	1212	effect for that purpose.
1213	1213	SECTION 72. This Act takes effect September 1, 2015.