Texas 2017 - 85th Regular

Texas House Bill HB1292 Compare Versions

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1		-	85R1887 BEF-F
2	1		By: Raymond H.B. No. 1292
3	2
4	3
5	4		A BILL TO BE ENTITLED
6	5		AN ACT
7	6		relating to the Texas Funeral Service Commission; authorizing fees.
8	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	8		SECTION 1. Section 651.051(a), Occupations Code, is amended
10	9		to read as follows:
11	10		(a) The Texas Funeral Service Commission consists of seven
12	11		members appointed by the governor, with the advice and consent of
13	12		the senate as follows:
14		-	(1) two members who are licensed as ~~both an embalmer~~
15		-	and a funeral director for at least the five years ~~preceding~~
16		-	appointment to the commission;
	13	+	(1) one member [two members] who is [are] licensed as
	14	+	both an embalmer and a funeral director for at least the five years
	15	+	preceding appointment to the commission;
17	16		(2) one member who is licensed as a funeral director
18		-	and is a registered cemetery owner or operator; and
19		-	(3) four members who represent the public and who:
	17	+	and is a registered cemetery owner or operator; [and]
	18	+	(3) one member who is licensed as a funeral director
	19	+	and is a licensed crematory establishment operator; and
	20	+	(4) four members who represent the public and who:
20	21		(A) are not regulated under this chapter; and
21	22		(B) have consistently shown an interest in
22	23		supporting consumer protection.
23	24		SECTION 2. Section 651.055(c), Occupations Code, is amended
24	25		to read as follows:
25	26		(c) It is a ground for removal from the commission that a
26	27		member:
27	28		(1) does not have at the time of appointment the
28	29		qualifications required by Sections 651.051(a) and (c) and
29	30		651.052(a);
30	31		(2) does not maintain during service on the commission
31	32		the qualifications required by Sections 651.051(a) and (c) and
32	33		651.052(a);
33	34		(3) violates a prohibition established by Section
34	35		651.053 [Sections 651.053(a)-(e) or 651.506(h)];
35	36		(4) cannot because of illness or disability discharge
36	37		the member's duties for a substantial part of the term for which the
37	38		member is appointed; or
38	39		(5) is absent for more than half of the regularly
39	40		scheduled commission meetings that the member is eligible to attend
40	41		during a calendar year unless the absence is excused by majority
41	42		vote of the commission.
42	43		SECTION 3. The heading to Section 651.101, Occupations
43	44		Code, is amended to read as follows:
44	45		Sec. 651.101. EXECUTIVE DIRECTOR[; BOND].
45	46		SECTION 4. The heading to Section 651.151, Occupations
46	47		Code, is amended to read as follows:
47	48		Sec. 651.151. GENERAL LICENSING POWERS AND DUTIES.
48	49		SECTION 5. Section 651.151(c), Occupations Code, is
49	50		redesignated as Section 651.1511, Occupations Code, and amended to
50	51		read as follows:
51	52		Sec. 651.1511. COMMITTEES. [(c)] The commission may
52	53		appoint a committee from its members to consider and make a
53	54		recommendation on a matter referred to the committee by the
54	55		commission.
55	56		SECTION 6. Section 651.154, Occupations Code, is amended to
56	57		read as follows:
57	58		Sec. 651.154. FEES. (a) The commission shall set the
58	59		following fees in amounts reasonable and necessary to administer
59	60		this chapter:
60	61		(1) the funeral director's and embalmer's application
61	62		fee, license fee, renewal fee, late renewal penalty, duplicate
62	63		license fee, replacement license fee, and reciprocal license fee;
63	64		and
64	65		(2) the cemetery, crematory, or funeral establishment
65	66		license fee, renewal fee, and late renewal penalty.
66	67		(b) The commission shall set the provisional license
67	68		application fee, examination fee, renewal fee, and late renewal
68	69		penalty in amounts reasonable and necessary to administer the
69	70		provisional license program.
70	71		(c) The commission shall set the following fees in amounts
71	72		reasonable and necessary to administer the continuing education
72	73		program under this chapter:
73	74		(1) the continuing education provider fee and
74	75		continuing education course fee; and
75	76		(2) the continuing education noncompliance fee [may
76	77		not charge a fee to a perpetual care cemetery, including a fee for
77	78		issuing or renewing a license issued under this chapter].
78	79		SECTION 7. Sections 651.157, 651.1571, and 651.158,
79	80		Occupations Code, are amended to read as follows:
80	81		Sec. 651.157. INSPECTION OF [CEMETERY,] CREMATORY[,] OR
81	82		FUNERAL ESTABLISHMENT. (a) A crematory or funeral establishment
82	83		must be inspected before an initial license may be issued to the
83	84		crematory or funeral establishment.
84	85		(a-1) Except as provided by Subsection (b), a [licensed
85	86		cemetery,] crematory[,] or funeral establishment shall be
86	87		inspected at least once every two years by an agent of the
87	88		commission or by an agent of the state or a political subdivision
88	89		authorized by the commission to make inspections on its behalf.
89	90		(b) If the commission finds a violation of this chapter or
90	91		of Chapter 193, 361, 711, 714, 715, or 716, Health and Safety Code,
91	92		the commission shall inspect the [cemetery,] crematory[,] or
92	93		funeral establishment annually until the commission determines
93	94		that the crematory or funeral establishment is free of violations.
94	95		(c) A report of each inspection made under this section
95	96		shall be retained in the crematory's or funeral establishment's
96	97		licensing file [filed with the commission].
97	98		(d) The commission by rule shall establish:
98	99		(1) procedures for the inspection of a [cemetery,]
99	100		crematory[,] or funeral establishment required by this section; and
100	101		(2) criteria, including consideration of the
101	102		crematory's or funeral establishment's inspection and complaint
102	103		history, regarding when the commission should inspect a crematory
103	104		or funeral [an] establishment based on the risk of a violation at a
104	105		crematory or funeral [an] establishment.
105	106		(e) A premises on which funeral directing, [interment,]
106	107		cremation, or embalming is practiced shall be open at all times to
107	108		inspection for any violation of this chapter or of Chapter 193, 361,
108	109		or 716, Health and Safety Code, by:
109	110		(1) an agent of the commission;
110	111		(2) an authorized agent of the state; or
111	112		(3) an authorized agent of the county or municipality
112	113		in which the premises is located.
113	114		(f) Before a commission agent inspects a [cemetery,]
114	115		crematory[,] or funeral establishment, the agent shall review the
115	116		inspection reports filed with the commission on the crematory or
116	117		funeral establishment. During the inspection, the agent shall
117	118		determine whether previously identified problems have been
118	119		corrected and whether a pattern of violations exists. The
119	120		commission shall consider the information from the inspection
120	121		reports in determining whether a penalty should be imposed against
121	122		a crematory or funeral [an] establishment.
122	123		Sec. 651.1571. INSPECTION REQUIREMENTS FOR CERTAIN
123	124		CEMETERIES[; EXCEPTION FOR PERPETUAL CARE CEMETERIES]. (a) A
124	125		cemetery licensed by the commission [This section and Section
125	126		651.157 do not apply to perpetual care cemeteries.
126	127		[(b) Except as provided by Section 651.157(b):
127	128		[(1) a cemetery] may not be inspected unless:
128	129		(1) [(A)] an interment has occurred in the cemetery
129	130		within the two years preceding the inspection; or
130	131		(2) [(B)] the commission has received a complaint
131	132		about the cemetery.
132	133		(b) The[; and
133	134		[(2) the] commission shall give lower priority to an
134	135		inspection of a cemetery than to an inspection of a crematory or
135	136		funeral establishment.
136	137		Sec. 651.158. INSPECTION OF CERTAIN FACILITIES. (a) The
137	138		commission may require a funeral establishment that has solid waste
138	139		disposal and sanitation facilities that have not been inspected by
139	140		the [Texas] Department of State Health Services to obtain
140	141		inspection of those facilities by an entity other than the [Texas]
141	142		Department of State Health Services.
142	143		(b) The commission by rule shall establish procedures for an
143	144		inspection required under this section.
144	145		SECTION 8. Sections 651.160(a) and (b), Occupations Code,
145	146		are amended to read as follows:
146	147		(a) The commission and the [Texas] Department of State
147	148		Health Services shall adopt a joint memorandum of understanding
148	149		that:
149	150		(1) outlines the responsibilities of each agency in
150	151		enforcing requirements under Chapters 193 and 361, Health and
151	152		Safety Code, that affect funeral establishments;
152	153		(2) establishes procedures by which each agency:
153	154		(A) may refer a complaint to the other; and
154	155		(B) will notify the other of a violation by a
155	156		funeral establishment of Chapter 193 or 361, Health and Safety
156	157		Code; and
157	158		(3) coordinates inspection and enforcement efforts by
158	159		both agencies for measures that a funeral establishment is required
159	160		to implement under Chapters 193 and 361, Health and Safety Code.
160	161		(b) Not later than the last month of each state fiscal year,
161	162		the commission and the [Texas] Department of State Health Services
162	163		shall review and update the memorandum of understanding.
163	164		SECTION 9. Section 651.004, Occupations Code, is
164	165		transferred to Subchapter D, Chapter 651, Occupations Code, and
165	166		redesignated as Section 651.168, Occupations Code, to read as
166	167		follows:
167	168		Sec. 651.168 [651.004]. REGULATION OF CEMETERY AND
168	169		CREMATORY SERVICES. (a) The commission shall regulate cemetery
169	170		and crematory services as provided by this chapter and Chapter 716,
170	171		Health and Safety Code.
171	172		(b) The commission may not regulate cemetery or crematory
172	173		services that occur after burial or inurnment unless the services
173	174		relate to the care and treatment of the remains in an urn, casket,
174	175		or outer enclosure.
175	176		SECTION 10. Section 651.201, Occupations Code, is amended
176	177		by adding Subsection (c) to read as follows:
177	178		(c) A funeral establishment may print additional copies of
178	179		the brochure only if the commission is unable to provide the number
179	180		of brochures needed by the funeral establishment.
180	181		SECTION 11. Subchapter E, Chapter 651, Occupations Code, is
181	182		amended by adding Section 651.2015 to read as follows:
182	183		Sec. 651.2015. INTERNET WEBSITES. The commission may allow
183	184		a funeral establishment that maintains an Internet website to link
184	185		to the commission's Internet website.
185	186		SECTION 12. Section 651.203, Occupations Code, is amended
186	187		to read as follows:
187	188		Sec. 651.203. RECORD OF COMPLAINTS. (a) The commission
188	189		shall maintain a record [file] on each written complaint filed with
189	190		the commission. The record [file] must include:
190	191		(1) the subject matter of the complaint;
191	192		(2) the date the complaint is received by the
192	193		commission;
193	194		(3) the name of the person who filed the complaint;
194	195		(4) the name of each person contacted in relation to
195	196		the complaint;
196	197		(5) a summary of the results of the review or
197	198		investigation of the complaint; and
198	199		(6) an explanation of the reason the complaint [file]
199	200		was closed, if the commission closed the complaint [file] without
200	201		taking action other than to investigate the complaint.
201	202		(b) Information in a record [file] maintained under this
202	203		section, other than information relating to a complaint that has
203	204		not reached a final disposition, is public information.
204	205		SECTION 13. Section 651.252, Occupations Code, is amended
205	206		to read as follows:
206	207		Sec. 651.252. LICENSE APPLICATION. (a) The commission may
207	208		adopt license application requirements [An applicant] for a funeral
208	209		director's license or an embalmer's license [must submit a written
209	210		license application to the commission and pay the application fee].
210	211		(b) The commission may provide that a person applies for a
211	212		funeral director's or embalmer's license by completing a
212	213		provisional license program under Subchapter G [require an
213	214		applicant to appear before at least one member of the commission for
214	215		approval of the person's application. The approval is subject to
215	216		review by the entire commission.
216	217		[(c) The commission shall keep a permanent, alphabetical
217	218		record of each license application and the action taken on the
218	219		application. The record must indicate the current status of each
219	220		application and license issued].
220	221		SECTION 14. Section 651.164, Occupations Code, is
221	222		transferred to Subchapter F, Chapter 651, Occupations Code,
222	223		redesignated as Section 651.2525, Occupations Code, and amended to
223	224		read as follows:
224	225		Sec. 651.2525 [651.164]. LICENSE EXPIRATION. (a) A funeral
225	226		director's or embalmer's license is valid for 24 months.
226	227		(b) The commission by rule shall [may] adopt a system under
227	228		which licenses expire on various dates during the year. For an
228	229		initial license that is issued for a term of less than 24 months
229	230		[the year in which the license expiration date is changed], the
230	231		commission shall prorate license fees on a monthly basis so that
231	232		each license holder pays only that portion of the license fee that
232	233		is allocable to the number of months during which the license is
233	234		valid. On renewal of the license on the new expiration date, the
234	235		total license renewal fee is payable.
235	236		SECTION 15. Section 651.253, Occupations Code, is amended
236	237		to read as follows:
237	238		Sec. 651.253. GENERAL LICENSE REQUIREMENTS. (a) To be
238	239		eligible for a funeral director's license or an embalmer's license,
239	240		an applicant must:
240	241		(1) be at least 18 years of age;
241	242		(2) have graduated from an accredited high school or
242	243		passed an examination prescribed by the Texas Education Agency;
243	244		(3) have graduated from an accredited school or
244	245		college of mortuary science;
245	246		(4) unless the applicant holds a reciprocal license,
246	247		have completed the requirements of the provisional license program;
247	248		and
248	249		(5) have successfully completed the [applicable]
249	250		written examinations [examination] described by Section 651.254
250	251		and by Section 651.255 or 651.256, as applicable.
251	252		(b) Unless the applicant is seeking a reciprocal license, an
252	253		[An] applicant for a funeral director's license or an embalmer's
253	254		license may not be considered for that license until the
254	255		applicant[:
255	256		[(1)] completes all of the requirements of the
256	257		provisional license program[; and
257	258		[(2) attains a grade of at least 75 percent on the
258	259		written examination given by the commission].
259	260		(c) Notwithstanding Subsection (a)(3), the commission may
260	261		adopt rules to allow an applicant who graduated from a school or
261	262		college of mortuary science that is no longer accredited to become
262	263		licensed as a funeral director or embalmer.
263	264		SECTION 16. Section 651.254, Occupations Code, is amended
264	265		to read as follows:
265	266		Sec. 651.254. MORTUARY LAW EXAMINATION. (a) The
266	267		commission shall administer or arrange for the administration of a
267	268		written examination developed by the commission or developed for
268	269		the commission under a contract on:
269	270		(1) laws applicable to vital statistics pertaining to
270	271		dead human bodies; and
271	272		(2) local and state rules and laws relating to the
272	273		preparation, transportation, care, and disposition of dead human
273	274		bodies.
274	275		(b) To pass the examination, an individual must receive a
275	276		grade of at least 75 percent. [LICENSE EXAMINATIONS; RESULTS. (a)
276	277		The examinations for a funeral director's license and an embalmer's
277	278		license shall be held at least annually. The examinations shall be
278	279		given at the time and place designated by the commission. The
279	280		commission shall give notice of the examinations.
280	281		[(b) Not later than the 30th day after the date a person
281	282		takes a licensing examination under this chapter, the commission
282	283		shall notify the person of the results of the examination.
283	284		[(c) If the examination is graded or reviewed by a testing
284	285		service:
285	286		[(1) the commission shall notify the person of the
286	287		results of the examination not later than the 14th day after the
287	288		date the commission receives the results from the testing service;
288	289		and
289	290		[(2) if notice of the examination results will be
290	291		delayed for longer than 90 days after the examination date, the
291	292		commission shall notify the person of the reason for the delay
292	293		before the 90th day.
293	294		[(d) The commission may require a testing service to notify
294	295		a person of the results of the person's examination.
295	296		[(e) If requested in writing by a person who fails a
296	297		licensing examination administered under this chapter, the
297	298		commission shall furnish the person with an analysis of the
298	299		person's performance on the examination.]
299	300		SECTION 17. Sections 651.255, 651.256, 651.258, and
300	301		651.259, Occupations Code, are amended to read as follows:
301	302		Sec. 651.255. EXAMINATION [EXAMINATIONS] REQUIRED FOR
302	303		FUNERAL DIRECTOR'S LICENSE. The commission shall administer or
303	304		arrange for the administration of[:
304	305		[(1)] a written professionally prepared examination
305	306		on:
306	307		(1) [(A)] the art and technique of funeral directing;
307	308		(2) [(B)] the signs of death;
308	309		(3) [(C)] the manner by which death may be determined;
309	310		(4) [(D)] sanitation and hygiene;
310	311		(5) [(E)] mortuary management and mortuary law;
311	312		(6) [(F)] business and professional ethics; and
312	313		(7) [(G)] other subjects that may be taught in a
313	314		recognized school or college of mortuary science[; and
314	315		[(2) a written examination developed by the commission
315	316		or developed for the commission by contract on:
316	317		[(A) laws applicable to vital statistics
317	318		pertaining to dead human bodies; and
318	319		[(B) local and state rules and laws relating to
319	320		the preparation, transportation, care, and disposition of dead
320	321		human bodies].
321	322		Sec. 651.256. EXAMINATION [EXAMINATIONS] REQUIRED FOR
322	323		EMBALMER'S LICENSE. The commission shall administer or arrange for
323	324		the administration of[:
324	325		[(1)] a written professionally prepared examination
325	326		on:
326	327		(1) [(A)] the anatomy of the human body, including:
327	328		(A) [(i)] the cavities of the human body; and
328	329		(B) [(ii)] the arterial and venous system of the
329	330		human body;
330	331		(2) [(B)] blood and discoloration;
331	332		(3) [(C)] bacteriology and hygiene;
332	333		(4) [(D)] pathology;
333	334		(5) [(E)] chemistry and embalming;
334	335		(6) [(F)] arterial and cavity embalming;
335	336		(7) [(G)] restorative art;
336	337		(8) [(H)] disinfecting;
337	338		(9) [(I)] embalming special cases;
338	339		(10) [(J)] contagious and infectious diseases;
339	340		(11) [(K)] mortuary management;
340	341		(12) [(L)] care, preservation, transportation, and
341	342		disposition of dead human bodies;
342	343		(13) [(M)] sanitary science; and
343	344		(14) [(N)] other subjects that may be taught in a
344	345		recognized school or college of mortuary science[; and
345	346		[(2) a written examination developed by the commission
346	347		or developed for the commission by contract on:
347	348		[(A) laws applicable to vital statistics
348	349		pertaining to dead human bodies; and
349	350		[(B) local and state rules and laws relating to
350	351		the care and disposition of dead human bodies].
351	352		Sec. 651.258. LICENSE ISSUANCE. On issuance of a funeral
352	353		director's license or an embalmer's license under this chapter, a
353	354		majority of the commission members shall sign the license. A [The]
354	355		license issued by the commission authorizes the license holder to
355	356		practice embalming, funeral directing, or both.
356	357		Sec. 651.259. APPLICATION BY OUT-OF-STATE LICENSE HOLDER.
357	358		(a) The commission shall waive any requirement for a funeral
358	359		director's license or an embalmer's license for an applicant who
359	360		holds a license issued by another state, country, or territory that
360	361		has license requirements substantially equivalent to the
361	362		requirements of this state and who meets the requirements of this
362	363		section. The commission may waive any license requirement for an
363	364		applicant who holds a license issued by another state that does not
364	365		have license requirements substantially equivalent to those of this
365	366		state and who meets the requirements of this section. [The
366	367		applicant shall pay a license fee in an amount set by the
367	368		commission.]
368	369		(b) Any applicant for a license under this section shall
369	370		file an [a sworn] application that includes:
370	371		(1) a sworn statement that:
371	372		(A) the applicant is the person to whom the
372	373		license was issued;
373	374		(B) the license under which the applicant
374	375		practiced as a funeral director or embalmer in the state, country,
375	376		or territory from which the applicant moved was, at the time the
376	377		applicant left, in effect;
377	378		(C) no proceeding has been instituted against the
378	379		applicant for the cancellation, suspension, or revocation of the
379	380		license in the state, country, or territory that issued the
380	381		license; and
381	382		(D) [(C)] no prosecution is pending against the
382	383		applicant in a state or federal court for an offense that, under the
383	384		laws of this state, is a felony, or is a misdemeanor related to the
384	385		practice of embalming or funeral directing; [and]
385	386		(2) an affidavit of a person described by Subsection
386	387		(c) verifying that:
387	388		(A) the accompanying license has not been
388	389		canceled, suspended, or revoked; and
389	390		(B) the statement of the qualifications made in
390	391		the application for licensure in this state is correct; and
391	392		(3) documentation that the applicant has graduated
392	393		from an accredited college of mortuary science.
393	394		(c) The affidavit must be made by:
394	395		(1) the presiding officer or secretary of the
395	396		governmental entity that issued the license; or
396	397		(2) a registration officer of the state, country, or
397	398		territory that issued the license.
398	399		(d) [The applicant must affirm in the statement that the
399	400		license under which the applicant practiced as a funeral director
400	401		or embalmer in the state, country, or territory from which the
401	402		applicant moved was, at the time the applicant left, in effect.
402	403		[(e)] An applicant must submit to [The commission shall
403	404		conduct] a criminal background check before submitting a license
404	405		application [on each applicant]. An applicant is not eligible for a
405	406		license under this section if the applicant has, in the 10 years
406	407		preceding the date of the application, been finally convicted of a
407	408		misdemeanor involving moral turpitude or a felony.
408	409		(e) [(f)] An applicant for a license under this section
409	410		must[:
410	411		[(1)] provide proof that[:
411	412		[(A) the license is in good standing;
412	413		[(B)] the applicant has practiced under the
413	414		license for at least:
414	415		(1) [(i)] one year in the state, country, or territory
415	416		that issued the license if that state, country, or territory has
416	417		license requirements substantially equivalent to those of this
417	418		state; or
418	419		(2) [(ii)] five years in the state, country, or
419	420		territory that issued the license if that state, country, or
420	421		territory does not have license requirements substantially
421	422		equivalent to those of this state.
422	423		(f) An applicant under this section must successfully
423	424		complete the written examination described by Section 651.254[; and
424	425		[(C) the applicant has graduated from an
425	426		accredited college of mortuary science; and
426	427		[(2) pass a written examination of not more than 50
427	428		questions on applicable state laws and commission rules].
428	429		(g) On approval of the application, the applicant shall pay
429	430		a license fee in an amount set by the commission [The commission
430	431		shall conduct the examination under Subsection (f)(2) at each
431	432		regularly scheduled meeting of the commission].
432	433		SECTION 18. The heading to Section 651.260, Occupations
433	434		Code, is amended to read as follows:
434	435		Sec. 651.260. REPLACEMENT [DUPLICATE] LICENSE.
435	436		SECTION 19. Sections 651.260(a) and (c), Occupations Code,
436	437		are amended to read as follows:
437	438		(a) If a license issued under this chapter is lost or
438	439		destroyed, the license holder may apply to the commission for a
439	440		replacement [duplicate] license.
440	441		(c) The commission shall issue a replacement [duplicate]
441	442		license after receipt of the information and payment of the fee set
442	443		by the commission for the replacement [duplicate] license.
443	444		SECTION 20. Section 651.261, Occupations Code, is amended
444	445		to read as follows:
445	446		Sec. 651.261. POSTING OF LICENSE. (a) A license holder
446	447		shall conspicuously display the holder's original license,
447	448		duplicate original license, or replacement license in each place of
448	449		business at which the license holder practices.
449	450		(b) The commission shall issue a duplicate original license
450	451		on application and payment of a fee set by the commission for the
451	452		license if the license holder needs a license to display in multiple
452	453		locations.
453	454		SECTION 21. Section 651.266, Occupations Code, is amended
454	455		to read as follows:
455	456		Sec. 651.266. CONTINUING EDUCATION. The commission by rule
456	457		may require continuing education as a condition for license renewal
457	458		except for a license holder described by Section 651.155 or an
458	459		applicant for renewal described by Section 651.265(b) [651.265].
459	460		If the commission requires continuing education, the commission
460	461		shall require completion of a minimum number of hours of ethics
461	462		training as a required part of that education.
462	463		SECTION 22. Section 651.165, Occupations Code, is
463	464		transferred to Subchapter F, Chapter 651, Occupations Code,
464	465		redesignated as Section 651.2661, Occupations Code, and amended to
465	466		read as follows:
466	467		Sec. 651.2661 [651.165]. RENEWAL OR REINSTATEMENT OF
467	468		LICENSE. (a) A person who is otherwise eligible to renew a license
468	469		may renew an unexpired license by paying the required renewal fee to
469	470		the commission before the expiration date of the license. A person
470	471		whose license has expired may not engage in activities that require
471	472		a license until the license has been renewed.
472	473		(b) A person whose license has been expired for 90 days or
473	474		less may renew the license by paying to the commission a renewal fee
474	475		that is equal to 1-1/2 times the normally required renewal fee.
475	476		(c) A person whose license has been expired for more than 90
476	477		days but less than one year may renew the license by paying to the
477	478		commission a renewal fee that is equal to two times the normally
478	479		required renewal fee.
479	480		(d) A person whose license has been expired for one year or
480	481		more may reinstate [renew] the license by:
481	482		(1) retaking and passing the [applicable] examination
482	483		under Section 651.254;
483	484		(2) paying any applicable fees, including a renewal
484	485		fee that is equal to two times the normally required renewal fee;
485	486		and
486	487		(3) completing any continuing education required
487	488		under Section 651.266.
488	489		(e) A person who was licensed in this state, moved to
489	490		another state, and is currently licensed and has been in practice in
490	491		the other state for the two years preceding the date of application
491	492		may obtain a new license without reexamination if both licenses are
492	493		in good standing. The person must pay to the commission a fee that
493	494		is equal to two times the normally required renewal fee for the
494	495		license.
495	496		(f) At least 30 days before the expiration of a person's
496	497		license, the commission shall send written notice of the impending
497	498		license expiration to the person at the person's last known address
498	499		according to the records of the commission.
499	500		SECTION 23. Section 651.1655, Occupations Code, is
500	501		transferred to Subchapter F, Chapter 651, Occupations Code,
501	502		redesignated as Section 651.2662, Occupations Code, and amended to
502	503		read as follows:
503	504		Sec. 651.2662 [651.1655]. REINSTATEMENT OF SUSPENDED
504	505		LICENSE. If authorized by the commission, a [A] person whose
505	506		license has been suspended may reinstate [renew] the license by:
506	507		(1) paying to the commission a renewal fee that is
507	508		equal to two times the normally required renewal fee;
508	509		(2) paying [in addition to] any penalty assessed by
509	510		the commission;
510	511		(3) completing any continuing education required
511	512		under Section 651.266; and
512	513		(4) passing with a score of at least 75 percent the
513	514		examination under Section 651.254.
514	515		SECTION 24. Sections 651.267(c) and (d), Occupations Code,
515	516		are amended to read as follows:
516	517		(c) A hearing to determine whether to reissue a license
517	518		shall be held before the commission unless the commission requires
518	519		the hearing to be held before an administrative law judge [a
519	520		hearings officer].
520	521		(d) A license that has been revoked may be reissued
521	522		[reinstated] only after the applicant:
522	523		(1) retakes and passes the [applicable] examination
523	524		under Section 651.254;
524	525		(2) pays a fee that is equal to two times the normally
525	526		required renewal fee; [and]
526	527		(3) satisfies any other commission requirements,
527	528		including any continuing education requirements under Section
528	529		651.266; and
529	530		(4) pays any penalty assessed by the commission.
530	531		SECTION 25. The heading to Subchapter H, Chapter 651,
531	532		Occupations Code, is amended to read as follows:
532	533		SUBCHAPTER H. LICENSE REQUIREMENTS: CEMETERY, FUNERAL, AND
533	534		COMMERCIAL EMBALMING [EMBALMER] ESTABLISHMENTS
534	535		SECTION 26. Section 651.351, Occupations Code, is amended
535	536		by amending Subsections (d), (f), (g), and (h) and adding
536	537		Subsection (h-1) to read as follows:
537	538		(d) A funeral establishment must:
538	539		(1) meet the building, fire safety, and health
539	540		standards and health ordinances of this state and of the
540	541		municipality in which the establishment is located;
541	542		(2) except as provided by Subsection (i), be located
542	543		at a fixed place that is not tax-exempt property or a cemetery;
543	544		(3) include facilities in which funeral services may
544	545		be conducted;
545	546		(4) have access to vehicles [rolling stock] consisting
546	547		of at least one motor hearse;
547	548		(5) include a preparation room containing the
548	549		facilities, equipment, and supplies required by commission rule to
549	550		ensure the provision of adequate embalming services;
550	551		(6) include other facilities as necessary to comply
551	552		with the sanitary codes of this state and of the municipality in
552	553		which the room is located; [and]
553	554		(7) include a display containing sufficient
554	555		merchandise to permit reasonable selection, including at least
555	556		[five adult caskets,] two [of which must be] full-size caskets, one
556	557		of which must be the least expensive casket offered, that are [and]
557	558		displayed in a setting that allows for private selection; and
558	559		(8) conspicuously display the funeral establishment's
559	560		license [casket showroom].
560	561		(f) Other than the two full-size caskets, the merchandise
561	562		[The least expensive casket] displayed under Subsection (d)(7)
562	563		[must be a full-size casket displayed in the same general manner as
563	564		the other full-size caskets are displayed. The three adult caskets
564	565		that are not required to be full-size under Subsection (d)(7)] may
565	566		be displayed:
566	567		(1) in a partial panel display; or
567	568		(2) by video or brochure, online, or in any other
568	569		manner.
569	570		(g) The commission may exempt a funeral establishment from
570	571		the requirements of Subsection (d)(5) if[:
571	572		[(1)] the majority owner or designated agent of record
572	573		of a funeral establishment submits a written petition to the
573	574		commission requesting an exemption and stating:
574	575		(1) [(A)] the establishment's name and address;
575	576		(2) [(B)] that the establishment is located within 50
576	577		miles of a facility owned by the establishment requesting the
577	578		exemption and at which embalming services may be performed; and
578	579		(3) [(C)] that no embalming services will be performed
579	580		at the establishment[; and
580	581		[(2) the commission determines that the criteria in
581	582		Subdivision (1) have been met].
582	583		(h) The executive director shall notify the petitioner of
583	584		the commission's decision on an exemption request under Subsection
584	585		(g).
585	586		(h-1) An [The] exemption under Subsection (g) remains in
586	587		effect until the conditions required for the exemption are no
587	588		longer met[:
588	589		[(1) the establishment is no longer located within 50
589	590		miles of a facility owned by the exempt establishment or at which
590	591		embalming services may be performed; or
591	592		[(2) an embalming service has been performed at the
592	593		establishment].
593	594		SECTION 27. The heading to Section 651.352, Occupations
594	595		Code, is amended to read as follows:
595	596		Sec. 651.352. COMMERCIAL EMBALMING [EMBALMERS]
596	597		ESTABLISHMENT LICENSE REQUIREMENTS.
597	598		SECTION 28. Sections 651.352(a), (b), (c), and (e),
598	599		Occupations Code, are amended to read as follows:
599	600		(a) In this section, "commercial embalming [embalmers]
600	601		establishment" means a funeral [an] establishment that:
601	602		(1) embalms for other licensed funeral
602	603		establishments; and
603	604		(2) does not sell services or merchandise directly or
604	605		at retail to the public[; and
605	606		[(3) meets the requirements for an embalmers license].
606	607		(b) An establishment that functions solely as a commercial
607	608		embalming [embalmers] establishment is required to hold a
608	609		commercial embalming [embalmers] establishment license and [but]
609	610		is [not] required to comply with the requirements for a funeral
610	611		establishment license under Section 651.351 except for the
611	612		requirements of Sections 651.351(d)(3)[, (d)(6),] and (7) [(f)].
612	613		(c) A commercial embalming [embalmers] establishment may
613	614		employ an embalmer only if the embalmer is licensed under this
614	615		chapter.
615	616		(e) A licensed commercial embalming [embalmers]
616	617		establishment that meets the licensing requirements under
617	618		Subchapter N may hold a crematory establishment license.
618	619		SECTION 29. Section 651.401, Occupations Code, is amended
619	620		to read as follows:
620	621		Sec. 651.401. REMOVAL OF DEAD HUMAN BODY [FIRST CALL]. (a)
621	622		A funeral director [or embalmer] must direct [and personally
622	623		supervise] the pickup of a dead human body [on first call].
623	624		(b) A dead human body may be transferred without a funeral
624	625		director directing [personally making] the transfer at the
625	626		direction of a justice of the peace or other law enforcement
626	627		official[:
627	628		[(1) from one funeral establishment to another;
628	629		[(2) from a funeral establishment to and from a morgue
629	630		in which an autopsy is performed;
630	631		[(3) to and from an airport, crematory, or both; or
631	632		[(4) in circumstances in which there is no reasonable
632	633		probability that an unlicensed person will encounter a family
633	634		member or other person with whom funeral arrangements are normally
634	635		made by a funeral director or embalmer].
635	636		(c) A funeral director may direct an unlicensed person, a
636	637		provisional license holder, or an embalmer in the removal of a dead
637	638		human body. A funeral director who directs the removal of a dead
638	639		human body by an unlicensed person is strictly accountable for
639	640		compliance with the requirements of this chapter. If an unlicensed
640	641		person, a provisional license holder, or an embalmer inadvertently
641	642		encounters a family member or other person with whom funeral
642	643		arrangements are normally made, the [unlicensed] person shall
643	644		restrict communication with the family member or other person to:
644	645		(1) identifying the [unlicensed] person's employer;
645	646		and
646	647		(2) [arranging an appointment with the unlicensed
647	648		person's employer for a family member or other person who indicates
648	649		a desire to make funeral arrangements for the deceased; and
649	650		[(3)] making any disclosure to the family member or
650	651		other person that is required by federal or state law or regulation.
651	652		[(d) A funeral director or embalmer who directs the removal
652	653		or transfer of a dead human body without personally supervising the
653	654		transfer is strictly accountable for compliance with the
654	655		requirements of first call as provided by this section.]
655	656		SECTION 30. Subchapter I, Chapter 651, Occupations Code, is
656	657		amended by adding Section 651.4031 to read as follows:
657	658		Sec. 651.4031. DESIGNATION OF EMBALMER IN CHARGE; EFFECT
658	659		OF VIOLATION. (a) A commercial embalming establishment shall:
659	660		(1) designate to the commission an embalmer in charge;
660	661		and
661	662		(2) promptly notify the commission of any change in
662	663		that designation.
663	664		(b) The embalmer in charge is directly responsible for the
664	665		embalming business of the commercial embalming establishment.
665	666		(c) The embalmer in charge is ultimately responsible for
666	667		compliance with mortuary laws. The embalmer in charge may be
667	668		charged with a violation of this chapter if a violation occurs in
668	669		the commercial embalming establishment.
669	670		SECTION 31. Section 651.404, Occupations Code, is amended
670	671		to read as follows:
671	672		Sec. 651.404. CONSUMER BROCHURE. When funeral services are
672	673		discussed, a funeral director or agent of the funeral establishment
673	674		shall provide each prospective customer with a copy of the brochure
674	675		prepared by the commission under Section 651.201. [The funeral
675	676		establishment shall print additional copies of the brochure if the
676	677		commission is unable to provide the number of brochures needed by
677	678		the funeral establishment.]
678	679		SECTION 32. Section 651.407(c), Occupations Code, is
679	680		amended to read as follows:
680	681		(c) The funeral establishment shall retain a copy of the
681	682		written consent for at least two years and shall make the records of
682	683		the funeral establishment reasonably available for inspection by:
683	684		(1) the commission; and
684	685		(2) the person who provided the consent, as provided
685	686		by Section 711.002, Health and Safety Code [; and
686	687		[(3) the next of kin of the deceased person].
687	688		SECTION 33. The heading to Section 651.454, Occupations
688	689		Code, is amended to read as follows:
689	690		Sec. 651.454. [OTHER] UNETHICAL CONDUCT IN SOLICITING
690	691		CUSTOMERS.
691	692		SECTION 34. Section 651.454(a), Occupations Code, is
692	693		amended to read as follows:
693	694		(a) A person violates this chapter if the person, in
694	695		arranging for funeral services or merchandise, fails to:
695	696		(1) provide a prospective customer at the beginning of
696	697		the arrangement process with a copy of the brochure required by
697	698		Section 651.404;
698	699		(2) provide to a prospective customer inquiring in
699	700		person about any funeral service or merchandise a retail price list
700	701		for the prospective customer to keep;
701	702		(3) explain to a prospective customer that a purchase
702	703		[contractual] agreement for funeral services or merchandise may not
703	704		be entered into before a retail price list is provided to the
704	705		prospective customer; or
705	706		(4) provide general price information by telephone
706	707		within a reasonable time.
707	708		SECTION 35. Sections 651.457 and 651.458, Occupations Code,
708	709		are amended to read as follows:
709	710		Sec. 651.457. UNETHICAL CONDUCT REGARDING EMBALMING. (a)
710	711		A person violates this chapter if the person:
711	712		(1) embalms a body without:
712	713		(A) receiving the express written or oral
713	714		permission of a person authorized to make funeral arrangements for
714	715		the deceased; or
715	716		(B) making a documented reasonable effort over a
716	717		period of at least three hours to obtain the permission;
717	718		(2) [embalms or attempts to embalm a dead human body
718	719		without proper authority, evidence of which includes making an
719	720		incision on the body, raising a circulatory vessel of the body, or
720	721		injecting a chemical into the body;
721	722		[(3)] allows the presence or participation of a
722	723		student for credit or satisfaction of academic requirements during
723	724		the embalming of a dead human body without complying with Section
724	725		651.407; or
725	726		(3) [(4)] places a chemical or substance on or in a
726	727		dead human body to disinfect or preserve the body or to restore body
727	728		tissues and structures without holding an embalmer's license.
728	729		(b) Notwithstanding Subsection (a)(3) [(a)(4)], a
729	730		provisional license holder does not violate this chapter if the
730	731		provisional license holder places a chemical or substance on or in a
731	732		dead human body to disinfect or preserve the body or to restore body
732	733		tissues and structures under the supervision of an embalmer.
733	734		(c) For purposes of this section, "embalms a body" includes
734	735		an attempt to embalm a body, evidence of which includes making an
735	736		incision on the body, raising a circulatory vessel of the body, or
736	737		injecting a chemical into the body.
737	738		Sec. 651.458. UNETHICAL CONDUCT BY FUNERAL ESTABLISHMENT.
738	739		A person violates this chapter if the person makes a distinction in
739	740		providing funeral information to a customer because [regardless] of
740	741		any affiliation of the customer or because [whether] the customer
741	742		does or does not have [has] a present need for the services or
742	743		merchandise.
743	744		SECTION 36. The heading to Section 651.459, Occupations
744	745		Code, is amended to read as follows:
745	746		Sec. 651.459. [OTHER] UNETHICAL CONDUCT IN PROVIDING
746	747		FUNERAL SERVICES.
747	748		SECTION 37. Sections 651.459(a) and (c), Occupations Code,
748	749		are amended to read as follows:
749	750		(a) A person violates this chapter if the person:
750	751		(1) wilfully makes a false statement on:
751	752		(A) a death certificate, including forgery of a
752	753		physician's signature; or
753	754		(B) a document required by this chapter or a rule
754	755		adopted under this chapter;
755	756		(2) engages in fraudulent, [unprofessional, or]
756	757		deceptive, [conduct in providing funeral services or merchandise to
757	758		a customer;
758	759		[(3) engages in] dishonest [conduct], wilful,
759	760		unprofessional, or negligent conduct in providing [, or negligence
760	761		in the practice of] embalming services or funeral services or
761	762		merchandise to a customer [directing] that is likely to or does
762	763		deceive, defraud, or otherwise injure the public;
763	764		(3) [(4)] causes the execution of a document by the
764	765		use of fraud, deceit, or misrepresentation;
765	766		(4) [(5)] directly or indirectly employs a person to
766	767		solicit individuals or institutions by whose influence dead human
767	768		bodies may be turned over to a particular funeral director,
768	769		embalmer, or funeral establishment;
769	770		(5) [(6)] misappropriates funds held by a license
770	771		holder, a funeral establishment, an employee or agent of the
771	772		funeral establishment, or another depository, that create an
772	773		obligation to provide a funeral service or merchandise, including
773	774		retaining for an unreasonable time excess funds paid by or on behalf
774	775		of the customer for which the customer is entitled to a refund; or
775	776		(6) [(7)] performs acts of funeral directing or
776	777		embalming that are outside the licensed scope and authority of the
777	778		license holder, or performs acts of funeral directing or embalming
778	779		in a capacity other than that of an employee, agent, subcontractor,
779	780		or assignee of a licensed funeral establishment that has contracted
780	781		to perform those acts.
781	782		(c) A funeral director in charge violates this chapter if
782	783		the funeral director in charge fails to ensure that a dead human
783	784		body is removed in the manner provided by Section 651.401 [provide a
784	785		funeral director or an embalmer for direction or personal
785	786		supervision for a first call].
786	787		SECTION 38. Section 651.461, Occupations Code, is amended
787	788		to read as follows:
788	789		Sec. 651.461. DEFENSE TO VIOLATION. A person licensed
789	790		under this chapter does not violate this chapter by engaging in
790	791		conduct regarding funeral arrangements under the direction of a
791	792		person who:
792	793		(1) represents in writing to the license holder that
793	794		the person is authorized to make funeral arrangements for the
794	795		deceased; and
795	796		(2) provides written directions to the license holder
796	797		in the manner provided by Section 711.002, Health and Safety Code.
797	798		SECTION 39. Section 651.508, Occupations Code, is
798	799		transferred to Subchapter J, Chapter 651, Occupations Code,
799	800		redesignated as Section 651.462, Occupations Code, and amended to
800	801		read as follows:
801	802		Sec. 651.462 [651.508]. ENFORCEMENT OF LAW REGULATING
802	803		CREMATORIES. A [For purposes of this subchapter, a] person
803	804		regulated under this chapter that violates Chapter 716, Health and
804	805		Safety Code, violates this chapter.
805	806		SECTION 40. Section 651.501(a), Occupations Code, is
806	807		amended to read as follows:
807	808		(a) The [After a hearing as provided by this subchapter,
808	809		the] commission may issue a letter of warning [reprimand], assess
809	810		an administrative penalty, revoke or [,] suspend a license, place a
810	811		license holder on probation [or probate the suspension of a license
811	812		or provisional license], or impose any combination of those
812	813		penalties if the commission determines that a person regulated
813	814		under this chapter has violated [for a violation of] this chapter or
814	815		a rule adopted under this chapter.
815	816		SECTION 41. The heading to Section 651.502, Occupations
816	817		Code, is amended to read as follows:
817	818		Sec. 651.502. LICENSE DENIAL[; EFFECT OF CRIMINAL
818	819		CONVICTION].
819	820		SECTION 42. Section 651.502, Occupations Code, is amended
820	821		by amending Subsections (a) and (b) and adding Subsection (a-1) to
821	822		read as follows:
822	823		(a) After a hearing before the commission, the [The]
823	824		commission may[, before a hearing or a waiver of a right to a
824	825		hearing,] refuse to issue or renew:
825	826		(1) a license or provisional license to a person who
826	827		has violated this chapter or a rule adopted under this chapter or
827	828		who has a criminal conviction; or
828	829		(2) an establishment license to an individual,
829	830		partnership, or corporation if the individual, a partner, or an
830	831		officer or director of the corporation:
831	832		(A) has violated this chapter or a rule adopted
832	833		under this chapter;
833	834		(B) previously held an establishment license
834	835		that was suspended or revoked; or
835	836		(C) attempts to avoid a revocation, suspension,
836	837		or license denial [refusal] by subterfuge or other evasive means.
837	838		(a-1) The commission may, after a hearing held under
838	839		Subsection (a), order that a license be issued or renewed on a
839	840		probationary basis through execution of an agreed order.
840	841		(b) A person who is refused the issuance or renewal of [to
841	842		whom the commission refuses to issue] a license under Subsection
842	843		(a) may appeal the decision by submitting a written request for a
843	844		hearing in accordance with Chapter 2001, Government Code, not later
844	845		than the 30th day after the date of the refusal.
845	846		SECTION 43. Subchapter K, Chapter 651, Occupations Code, is
846	847		amended by adding Section 651.5029 to read as follows:
847	848		Sec. 651.5029. REPORT AND NOTICE OF VIOLATION AND PENALTY.
848	849		(a) If, after examining a possible violation and the facts relating
849	850		to that violation, the commission determines that a violation has
850	851		occurred, the commission shall issue a preliminary report stating:
851	852		(1) the facts on which the determination is based;
852	853		(2) that a sanction may be imposed; and
853	854		(3) the types of sanctions that may be imposed for the
854	855		violation.
855	856		(b) Not later than the 10th day after the date the report is
856	857		issued, the commission shall send to the person charged with the
857	858		violation:
858	859		(1) a copy of the report;
859	860		(2) a statement of the right of the person to a hearing
860	861		relating to the alleged violation;
861	862		(3) a statement of the types of sanctions that may be
862	863		imposed for the violation; and
863	864		(4) a statement that the person may request an
864	865		informal proceeding.
865	866		(c) Until a hearing has been held on the possible violation,
866	867		the possible violation and the sanctions that may be imposed may be
867	868		disclosed only to the person charged with the violation, unless
868	869		that person has waived the right to a hearing or paid the amount to
869	870		the commission.
870	871		SECTION 44. The heading to Section 651.503, Occupations
871	872		Code, is amended to read as follows:
872	873		Sec. 651.503. LETTER OF WARNING; REPORT BY LICENSE HOLDER.
873	874		SECTION 45. Section 651.503(a), Occupations Code, is
874	875		amended to read as follows:
875	876		(a) The commission shall issue a written warning to a
876	877		license holder if the commission:
877	878		(1) conducts an investigation that identifies a
878	879		violation of this chapter by the license holder; and
879	880		(2) does not [issue a reprimand, assess an
880	881		administrative penalty, or] impose any other penalty against the
881	882		license holder.
882	883		SECTION 46. Section 651.505, Occupations Code, is amended
883	884		by amending Subsection (a) and adding Subsection (d) to read as
884	885		follows:
885	886		(a) If the commission places a license holder on probation
886	887		[a person whose license has been suspended], the commission may
887	888		impose conditions on the probation that are reasonable and related
888	889		to the reason the license holder was placed on probation [violation
889	890		for which the license was suspended]. If the commission orders
890	891		probation, the commission may require the license holder to:
891	892		(1) report regularly to the commission on matters that
892	893		are the basis of the probation;
893	894		(2) limit practice to the areas prescribed by the
894	895		commission; or
895	896		(3) continue or renew professional education until the
896	897		license holder attains a degree of skill satisfactory to the
897	898		commission in those areas that are the basis of the probation.
898	899		(d) The commission may suspend or revoke the license of a
899	900		license holder without a hearing if the commission determines the
900	901		license holder violated the terms of probation. The license holder
901	902		may appeal the decision by submitting a written request for a
902	903		hearing in accordance with this chapter and Chapter 2001,
903	904		Government Code, not later than the 30th day after the date of the
904	905		suspension or revocation.
905	906		SECTION 47. Section 651.506(a), Occupations Code, is
906	907		amended to read as follows:
907	908		(a) A proceeding conducted by the commission relating to an
908	909		appeal of the denial of a license or provisional license, the
909	910		suspension or revocation of a license, [the issuance of a
910	911		reprimand,] or the imposition of an administrative penalty under
911	912		Subchapter L [assessed after a hearing as provided by Section
912	913		651.551] and judicial review of the proceeding are governed by
913	914		Chapter 2001, Government Code.
914	915		SECTION 48. Section 651.506(f), Occupations Code, is
915	916		redesignated as Section 651.50601, Occupations Code, and amended to
916	917		read as follows:
917	918		Sec. 651.50601. DECISION BY COMMISSION. [(f)] The
918	919		commission shall review the findings of fact, conclusions of law,
919	920		and ruling of the administrative law judge in a proceeding under
920	921		Section 651.506 before making its final ruling in the proceeding.
921	922		The commission may also review a transcript of the proceeding
922	923		before making its final ruling. The commission shall adopt the
923	924		ruling of the administrative law judge as its ruling unless it finds
924	925		good cause to issue a different ruling. The commission shall
925	926		explain in writing the reasons for adopting a ruling other than the
926	927		one issued by the administrative law judge.
927	928		SECTION 49. Subchapter K, Chapter 651, Occupations Code, is
928	929		amended by adding Section 651.5065 to read as follows:
929	930		Sec. 651.5065. INFORMAL PROCEEDINGS. (a) The commission
930	931		by rule shall adopt procedures governing:
931	932		(1) informal disposition of a contested case under
932	933		Section 2001.056, Government Code; and
933	934		(2) an informal proceeding held in compliance with
934	935		Section 2001.054, Government Code.
935	936		(b) Rules adopted under this section must:
936	937		(1) provide the complainant and the license holder an
937	938		opportunity to be heard; and
938	939		(2) require the presence of a representative of the
939	940		commission's legal staff or of the attorney general to advise the
940	941		commission or the commission's employees.
941	942		SECTION 50. Section 651.5515, Occupations Code, is
942	943		transferred to Subchapter K, Chapter 651, Occupations Code,
943	944		redesignated as Section 651.5075, Occupations Code, and amended to
944	945		read as follows:
945	946		Sec. 651.5075 [651.5515]. SANCTIONS SCHEDULE [PENALTY
946	947		GUIDELINES]. (a) The commission by rule shall adopt a sanctions
947	948		schedule [guidelines that define and summarize the violations that
948	949		occur under this subchapter to assist the commission in maintaining
949	950		consistency in determining the amount of an administrative penalty
950	951		assessed under Section 651.552. Using those guidelines and the
951	952		summary, the commission shall establish and maintain a chart] that
952	953		lists:
953	954		(1) the most common violations that occur under this
954	955		chapter;
955	956		(2) the types of sanctions, including administrative
956	957		penalties, that may be imposed [penalty amounts assessed] for those
957	958		violations; and
958	959		(3) the factors used to determine the sanction that
959	960		may be imposed for [grade] each [type of] violation [before
960	961		determining the penalty amount under Section 651.552].
961	962		(b) The commission shall [consider using focus groups to]
962	963		obtain business and consumer input to match appropriate sanctions
963	964		[penalties] to violations before proposing the rules under this
964	965		section.
965	966		(c) The commission shall post the schedule [guidelines] on
966	967		the commission's Internet website [site].
967	968		SECTION 51. Section 651.552(b), Occupations Code, is
968	969		amended to read as follows:
969	970		(b) In determining the amount of the penalty, the commission
970	971		shall base its decision on:
971	972		(1) the seriousness of the violation;
972	973		(2) the threat the violation poses to health and
973	974		safety;
974	975		(3) the history of previous violations;
975	976		(4) the amount necessary to deter a future violation;
976	977		(5) efforts made to correct the violation;
977	978		(6) the sanctions schedule [guidelines] adopted under
978	979		Section 651.5075 [651.5515]; and
979	980		(7) any other matter that justice requires.
980	981		SECTION 52. Section 651.602(a), Occupations Code, is
981	982		amended to read as follows:
982	983		(a) A person commits an offense if the person:
983	984		(1) acts or holds the person out as a funeral director,
984	985		embalmer, or provisional license holder without being licensed
985	986		under this chapter;
986	987		(2) [makes a first call in a manner that] violates
987	988		Section 651.401;
988	989		(3) is a funeral director, embalmer, or provisional
989	990		license holder and engages in a funeral practice that violates this
990	991		chapter or a rule adopted under this chapter; or
991	992		(4) violates Chapter 154, Finance Code, or a rule
992	993		adopted under that chapter, regardless of whether the Texas
993	994		Department of Banking or another governmental agency takes action
994	995		relating to the violation.
995	996		SECTION 53. Section 651.652, Occupations Code, is amended
996	997		to read as follows:
997	998		Sec. 651.652. APPLICABILITY. (a) This subchapter applies
998	999		only to a crematory that sells goods or services related to the
999	1000		[burial or] final disposition of a body.
1000	1001		SECTION 54. The following sections of the Occupations Code
1001	1002		are repealed:
1002	1003		(1) Section 651.257;
1003	1004		(2) Section 651.2595;
1004	1005		(3) Section 651.264;
1005	1006		(4) Section 651.354(d);
1006	1007		(5) Section 651.355;
1007	1008		(6) Sections 651.502(c) and (d);
1008	1009		(7) Section 651.5026;
1009	1010		(8) Section 651.504;
1010	1011		(9) Sections 651.506(g) and (h);
1011	1012		(10) Section 651.5061; and
1012	1013		(11) Section 651.559.
1013		-	SECTION 55. Section 651.051(a)~~(2)~~, Occupations Code, as
	1014	+	SECTION 55. Section 651.051(a), Occupations Code, as
1014	1015		amended by this Act, applies only to a member of the Texas Funeral
1015	1016		Service Commission appointed on or after the effective date of this
1016	1017		Act. A member appointed before the effective date of this Act may
1017	1018		continue to serve until the expiration of the member's term.
1018	1019		SECTION 56. Sections 651.253 and 651.259, Occupations Code,
1019	1020		as amended by this Act, apply only to a person who applies for a
1020	1021		funeral director's license or embalmer's license on or after the
1021	1022		effective date of this Act. A person who applies for a funeral
1022	1023		director's license or embalmer's license before the effective date
1023	1024		of this Act is governed by the law in effect on the date the person
1024	1025		applied for that license, and the former law is continued in effect
1025	1026		for that purpose.
1026	1027		SECTION 57. Section 651.2661, Occupations Code, as
1027	1028		transferred, redesignated, and amended by this Act, applies only to
1028	1029		a person who applies for reinstatement of a license on or after the
1029	1030		effective date of this Act. A person who applies for renewal of a
1030	1031		license under former Section 651.165, Occupations Code, before the
1031	1032		effective date of this Act is governed by the law in effect on the
1032	1033		date the person applied for renewal, and the former law is continued
1033	1034		in effect for that purpose.
1034	1035		SECTION 58. Section 651.2662, Occupations Code, as
1035	1036		transferred, redesignated, and amended by this Act, applies only to
1036	1037		a person who applies for reinstatement of a license on or after the
1037	1038		effective date of this Act. A person who applies for renewal of a
1038	1039		license under former Section 651.1655, Occupations Code, before the
1039	1040		effective date of this Act is governed by the law in effect on the
1040	1041		date the person applied for renewal, and the former law is continued
1041	1042		in effect for that purpose.
1042	1043		SECTION 59. Section 651.267, Occupations Code, as amended
1043	1044		by this Act, applies only to a person who applies for reissuance of
1044	1045		a license on or after the effective date of this Act. A person who
1045	1046		applies for reissuance of a license before the effective date of
1046	1047		this Act is governed by the law in effect on the date the person
1047	1048		applied for reissuance, and the former law is continued in effect
1048	1049		for that purpose.
1049	1050		SECTION 60. Section 651.502, Occupations Code, as amended
1050	1051		by this Act, applies only to a person who applies for the issuance
1051	1052		or renewal of a license on or after the effective date of this Act. A
1052	1053		person who applies for the issuance or renewal of a license before
1053	1054		the effective date of this Act is governed by the law in effect on
1054	1055		the date the person applied, and the former law is continued in
1055	1056		effect for that purpose.
1056	1057		SECTION 61. Section 651.5029, Occupations Code, as added by
1057	1058		this Act, applies only to a violation that occurs on or after the
1058	1059		effective date of this Act. A violation that occurs before the
1059	1060		effective date of this Act is governed by the law in effect on the
1060	1061		date the violation occurred, and the former law is continued in
1061	1062		effect for that purpose.
1062	1063		SECTION 62. Section 651.505, Occupations Code, as amended
1063	1064		by this Act, applies only to a person placed on probation on or
1064	1065		after the effective date of this Act. A person placed on probation
1065	1066		before the effective date of this Act is governed by the law in
1066	1067		effect on the date the person was placed on probation, and the
1067	1068		former law is continued in effect for that purpose.
1068	1069		SECTION 63. Section 651.506, Occupations Code, as amended
1069	1070		by this Act, and Section 651.50601, Occupations Code, as
1070	1071		redesignated and amended by this Act, apply only to a proceeding
1071	1072		initiated on or after the effective date of this Act. A proceeding
1072	1073		initiated before the effective date of this Act is governed by the
1073	1074		law in effect on the date the proceeding was initiated, and the
1074	1075		former law is continued in effect for that purpose.
1075	1076		SECTION 64. This Act takes effect September 1, 2017.