Texas 2019 - 86th Regular

Texas House Bill HB1290 Compare Versions

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

Old	New	Differences
1	1	86R4526 BEF-F
2	2	By: Raymond H.B. No. 1290
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the Texas Funeral Service Commission.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 651.055(c), Occupations Code, is amended
10	10	to read as follows:
11	11	(c) It is a ground for removal from the commission that a
12	12	member:
13	13	(1) does not have at the time of appointment the
14	14	qualifications required by Sections 651.051(a) and (c) and
15	15	651.052(a);
16	16	(2) does not maintain during service on the commission
17	17	the qualifications required by Sections 651.051(a) and (c) and
18	18	651.052(a);
19	19	(3) violates a prohibition established by Section
20	20	651.053 [Sections 651.053(a)-(e) or 651.506(h)];
21	21	(4) cannot because of illness or disability discharge
22	22	the member's duties for a substantial part of the term for which the
23	23	member is appointed; or
24	24	(5) is absent for more than half of the regularly
25	25	scheduled commission meetings that the member is eligible to attend
26	26	during a calendar year unless the absence is excused by majority
27	27	vote of the commission.
28	28	SECTION 2. The heading to Section 651.101, Occupations
29	29	Code, is amended to read as follows:
30	30	Sec. 651.101. EXECUTIVE DIRECTOR[; BOND].
31	31	SECTION 3. The heading to Section 651.151, Occupations
32	32	Code, is amended to read as follows:
33	33	Sec. 651.151. GENERAL LICENSING POWERS AND DUTIES.
34	34	SECTION 4. Section 651.151(c), Occupations Code, is
35	35	redesignated as Section 651.1511, Occupations Code, and amended to
36	36	read as follows:
37	37	Sec. 651.1511. COMMITTEES. [(c)] The commission may
38	38	appoint a committee from its members to consider and make a
39	39	recommendation on a matter referred to the committee by the
40	40	commission.
41	41	SECTION 5. Section 651.004, Occupations Code, is
42	42	transferred to Subchapter D, Chapter 651, Occupations Code, and
43	43	redesignated as Section 651.168, Occupations Code, to read as
44	44	follows:
45	45	Sec. 651.168 [651.004]. REGULATION OF CEMETERY AND
46	46	CREMATORY SERVICES. (a) The commission shall regulate cemetery
47	47	and crematory services as provided by this chapter and Chapter 716,
48	48	Health and Safety Code.
49	49	(b) The commission may not regulate cemetery or crematory
50	50	services that occur after burial or inurnment unless the services
51	51	relate to the care and treatment of the remains in an urn, casket,
52	52	or outer enclosure.
53	53	SECTION 6. Section 651.203, Occupations Code, is amended to
54	54	read as follows:
55	55	Sec. 651.203. RECORD OF COMPLAINTS. (a) The commission
56	56	shall maintain a record [file] on each written complaint filed with
57	57	the commission. The record [file] must include:
58	58	(1) the subject matter of the complaint;
59	59	(2) the date the complaint is received by the
60	60	commission;
61	61	(3) the name of the person who filed the complaint;
62	62	(4) the name of each person contacted in relation to
63	63	the complaint;
64	64	(5) a summary of the results of the review or
65	65	investigation of the complaint; and
66	66	(6) an explanation of the reason the complaint [file]
67	67	was closed, if the commission closed the complaint [file] without
68	68	taking action other than to investigate the complaint.
69	69	(b) Information in a record [file] maintained under this
70	70	section, other than information relating to a complaint that has
71	71	not reached a final disposition, is public information.
72	72	SECTION 7. Section 651.252, Occupations Code, is amended to
73	73	read as follows:
74	74	Sec. 651.252. LICENSE APPLICATION. (a) The commission may
75	75	adopt license application requirements [An applicant] for a funeral
76	76	director's license or an embalmer's license [must submit a written
77	77	license application to the commission and pay the application fee].
78	78	(b) The commission may provide that a person applies for a
79	79	funeral director's license or an embalmer's license by completing a
80	80	provisional license program under Subchapter G [require an
81	81	applicant to appear before at least one member of the commission for
82	82	approval of the person's application. The approval is subject to
83	83	review by the entire commission.
84	84	[(c) The commission shall keep a permanent, alphabetical
85	85	record of each license application and the action taken on the
86	86	application. The record must indicate the current status of each
87	87	application and license issued].
88	88	SECTION 8. Section 651.164, Occupations Code, is
89	89	transferred to Subchapter F, Chapter 651, Occupations Code,
90	90	redesignated as Section 651.2525, Occupations Code, and amended to
91	91	read as follows:
92	92	Sec. 651.2525 [651.164]. LICENSE EXPIRATION. (a) A funeral
93	93	director's license or an embalmer's license is valid for 24 months.
94	94	(b) The commission by rule shall [may] adopt a system under
95	95	which licenses expire on various dates during the year. For an
96	96	initial license that is issued for a term of less than 24 months
97	97	[the year in which the license expiration date is changed], the
98	98	commission shall prorate license fees on a monthly basis so that
99	99	each license holder pays only that portion of the license fee that
100	100	is allocable to the number of months during which the license is
101	101	valid. On renewal of the license on the new expiration date, the
102	102	total license renewal fee is payable.
103	103	SECTION 9. Section 651.253, Occupations Code, is amended to
104	104	read as follows:
105	105	Sec. 651.253. GENERAL LICENSE REQUIREMENTS. (a) To be
106	106	eligible for a funeral director's license or an embalmer's license,
107	107	an applicant must:
108	108	(1) be at least 18 years of age;
109	109	(2) have graduated from an accredited high school or
110	110	passed an examination prescribed by the Texas Education Agency;
111	111	(3) have graduated from an accredited school or
112	112	college of mortuary science;
113	113	(4) unless the applicant holds a reciprocal license,
114	114	have completed the requirements of the provisional license program;
115	115	and
116	116	(5) have successfully completed the [applicable]
117	117	written examinations [examination] described by Section 651.254
118	118	and by Section 651.255 or 651.256, as applicable.
119	119	(b) Unless the applicant is seeking a reciprocal license, an
120	120	[An] applicant for a funeral director's license or an embalmer's
121	121	license may not be considered for that license until the
122	122	applicant[:
123	123	[(1)] completes all of the requirements of the
124	124	provisional license program[; and
125	125	[(2) attains a grade of at least 75 percent on the
126	126	written examination given by the commission].
127	127	(c) Notwithstanding Subsection (a)(3), the commission may
128	128	adopt rules to allow an applicant who graduated from a school or
129	129	college of mortuary science that is no longer accredited to become
130	130	licensed as a funeral director or embalmer.
131	131	SECTION 10. Section 651.254, Occupations Code, is amended
132	132	to read as follows:
133	133	Sec. 651.254. MORTUARY LAW EXAMINATION. The commission
134	134	shall administer or arrange for the administration of a written
135	135	examination developed by the commission or developed for the
136	136	commission under a contract on:
137	137	(1) laws applicable to vital statistics pertaining to
138	138	dead human bodies; and
139	139	(2) local and state rules and laws relating to the
140	140	preparation, transportation, care, and disposition of dead human
141	141	bodies. [LICENSE EXAMINATIONS; RESULTS. (a) The examinations for
142	142	a funeral director's license and an embalmer's license shall be held
143	143	at least annually. The examinations shall be given at the time and
144	144	place designated by the commission. The commission shall give
145	145	notice of the examinations.
146	146	[(b) Not later than the 30th day after the date a person
147	147	takes a licensing examination under this chapter, the commission
148	148	shall notify the person of the results of the examination.
149	149	[(c) If the examination is graded or reviewed by a testing
150	150	service:
151	151	[(1) the commission shall notify the person of the
152	152	results of the examination not later than the 14th day after the
153	153	date the commission receives the results from the testing service;
154	154	and
155	155	[(2) if notice of the examination results will be
156	156	delayed for longer than 90 days after the examination date, the
157	157	commission shall notify the person of the reason for the delay
158	158	before the 90th day.
159	159	[(d) The commission may require a testing service to notify
160	160	a person of the results of the person's examination.
161	161	[(e) If requested in writing by a person who fails a
162	162	licensing examination administered under this chapter, the
163	163	commission shall furnish the person with an analysis of the
164	164	person's performance on the examination.]
165	165	SECTION 11. Sections 651.255, 651.256, 651.258, and
166	166	651.259, Occupations Code, are amended to read as follows:
167	167	Sec. 651.255. EXAMINATION [EXAMINATIONS] REQUIRED FOR
168	168	FUNERAL DIRECTOR'S LICENSE. The commission shall administer or
169	169	arrange for the administration of[:
170	170	[(1)] a written professionally prepared examination
171	171	on:
172	172	(1) [(A)] the art and technique of funeral directing;
173	173	(2) [(B)] the signs of death;
174	174	(3) [(C)] the manner by which death may be determined;
175	175	(4) [(D)] sanitation and hygiene;
176	176	(5) [(E)] mortuary management and mortuary law;
177	177	(6) [(F)] business and professional ethics; and
178	178	(7) [(G)] other subjects that may be taught in a
179	179	recognized school or college of mortuary science[; and
180	180	[(2) a written examination developed by the commission
181	181	or developed for the commission by contract on:
182	182	[(A) laws applicable to vital statistics
183	183	pertaining to dead human bodies; and
184	184	[(B) local and state rules and laws relating to
185	185	the preparation, transportation, care, and disposition of dead
186	186	human bodies].
187	187	Sec. 651.256. EXAMINATION [EXAMINATIONS] REQUIRED FOR
188	188	EMBALMER'S LICENSE. The commission shall administer or arrange for
189	189	the administration of[:
190	190	[(1)] a written professionally prepared examination
191	191	on:
192	192	(1) [(A)] the anatomy of the human body, including:
193	193	(A) [(i)] the cavities of the human body; and
194	194	(B) [(ii)] the arterial and venous system of the
195	195	human body;
196	196	(2) [(B)] blood and discoloration;
197	197	(3) [(C)] bacteriology and hygiene;
198	198	(4) [(D)] pathology;
199	199	(5) [(E)] chemistry and embalming;
200	200	(6) [(F)] arterial and cavity embalming;
201	201	(7) [(G)] restorative art;
202	202	(8) [(H)] disinfecting;
203	203	(9) [(I)] embalming special cases;
204	204	(10) [(J)] contagious and infectious diseases;
205	205	(11) [(K)] mortuary management;
206	206	(12) [(L)] care, preservation, transportation, and
207	207	disposition of dead human bodies;
208	208	(13) [(M)] sanitary science; and
209	209	(14) [(N)] other subjects that may be taught in a
210	210	recognized school or college of mortuary science[; and
211	211	[(2) a written examination developed by the commission
212	212	or developed for the commission by contract on:
213	213	[(A) laws applicable to vital statistics
214	214	pertaining to dead human bodies; and
215	215	[(B) local and state rules and laws relating to
216	216	the care and disposition of dead human bodies].
217	217	Sec. 651.258. LICENSE ISSUANCE. A [On issuance of a funeral
218	218	director's license or an embalmer's license under this chapter, a
219	219	majority of the commission members shall sign the license. The]
220	220	license issued by the commission under this subchapter authorizes
221	221	the license holder to practice embalming, funeral directing, or
222	222	both.
223	223	Sec. 651.259. APPLICATION BY OUT-OF-STATE LICENSE HOLDER.
224	224	(a) The commission shall waive any requirement for a funeral
225	225	director's license or an embalmer's license for an applicant who
226	226	holds a license issued by another state, country, or territory that
227	227	has license requirements substantially equivalent to the
228	228	requirements of this state and who meets the requirements of this
229	229	section. The commission may waive any license requirement for an
230	230	applicant who holds a license issued by another state that does not
231	231	have license requirements substantially equivalent to those of this
232	232	state and who meets the requirements of this section. [The
233	233	applicant shall pay a license fee in an amount set by the
234	234	commission.]
235	235	(b) Any applicant for a license under this section shall
236	236	file an [a sworn] application that includes:
237	237	(1) a sworn statement that:
238	238	(A) the applicant is the person to whom the
239	239	license was issued;
240	240	(B) the license under which the applicant
241	241	practiced as a funeral director or embalmer in the state, country,
242	242	or territory from which the applicant moved was, at the time the
243	243	applicant left, in effect;
244	244	(C) no proceeding has been instituted against the
245	245	applicant for the cancellation, suspension, or revocation of the
246	246	license in the state, country, or territory that issued the
247	247	license; and
248	248	(D) [(C)] no prosecution is pending against the
249	249	applicant in a state or federal court for an offense that, under the
250	250	laws of this state, is a felony, or is a misdemeanor related to the
251	251	practice of embalming or funeral directing; [and]
252	252	(2) an affidavit of a person described by Subsection
253	253	(c) verifying that:
254	254	(A) the accompanying license has not been
255	255	canceled, suspended, or revoked; and
256	256	(B) the statement of the qualifications made in
257	257	the application for licensure in this state is correct; and
258	258	(3) documentation that the applicant has graduated
259	259	from an accredited college of mortuary science.
260	260	(c) The affidavit must be made by:
261	261	(1) the presiding officer or secretary of the
262	262	governmental entity that issued the license; or
263	263	(2) a registration officer of the state, country, or
264	264	territory that issued the license.
265	265	(d) [The applicant must affirm in the statement that the
266	266	license under which the applicant practiced as a funeral director
267	267	or embalmer in the state, country, or territory from which the
268	268	applicant moved was, at the time the applicant left, in effect.
269	269	[(e)] An applicant must submit to [The commission shall
270	270	conduct] a criminal background check after submitting a license
271	271	application [on each applicant]. An applicant is not eligible for a
272	272	license under this section if the applicant has, in the 10 years
273	273	preceding the date of the application, been finally convicted of [a
274	274	misdemeanor involving moral turpitude or] a felony.
275	275	(e) [(f)] An applicant for a license under this section
276	276	must[:
277	277	[(1)] provide proof that[:
278	278	[(A) the license is in good standing;
279	279	[(B)] the applicant has practiced under the
280	280	license for at least:
281	281	(1) [(i)] one year in the state, country, or territory
282	282	that issued the license if that state, country, or territory has
283	283	license requirements substantially equivalent to those of this
284	284	state; or
285	285	(2) [(ii)] five years in the state, country, or
286	286	territory that issued the license if that state, country, or
287	287	territory does not have license requirements substantially
288	288	equivalent to those of this state.
289	289	(f) An applicant under this section must successfully
290	290	complete the written examination described by Section 651.254[; and
291	291	[(C) the applicant has graduated from an
292	292	accredited college of mortuary science; and
293	293	[(2) pass a written examination of not more than 50
294	294	questions on applicable state laws and commission rules].
295	295	(g) On approval of the application, the applicant shall pay
296	296	a license fee in an amount set by the commission [The commission
297	297	shall conduct the examination under Subsection (f)(2) at each
298	298	regularly scheduled meeting of the commission].
299	299	SECTION 12. The heading to Section 651.260, Occupations
300	300	Code, is amended to read as follows:
301	301	Sec. 651.260. REPLACEMENT [DUPLICATE] LICENSE.
302	302	SECTION 13. Sections 651.260(a) and (c), Occupations Code,
303	303	are amended to read as follows:
304	304	(a) If a license issued under this chapter is lost or
305	305	destroyed, the license holder may apply to the commission for a
306	306	replacement [duplicate] license.
307	307	(c) The commission shall issue a replacement [duplicate]
308	308	license after receipt of the information and payment of the fee set
309	309	by the commission for the replacement [duplicate] license.
310	310	SECTION 14. Section 651.261, Occupations Code, is amended
311	311	to read as follows:
312	312	Sec. 651.261. POSTING OF LICENSE. (a) A license holder
313	313	shall conspicuously display the holder's original license,
314	314	duplicate original license, or replacement license in each place of
315	315	business at which the license holder practices.
316	316	(b) The commission shall issue a duplicate original license
317	317	on application if the license holder needs a license to display in
318	318	multiple locations.
319	319	SECTION 15. Section 651.266, Occupations Code, is amended
320	320	to read as follows:
321	321	Sec. 651.266. CONTINUING EDUCATION. The commission by rule
322	322	may require continuing education as a condition for license renewal
323	323	except for a license holder described by Section 651.155 or an
324	324	applicant for renewal described by Section 651.265(b) [651.265].
325	325	If the commission requires continuing education, the commission
326	326	shall require completion of a minimum number of hours of ethics
327	327	training as a required part of that education.
328	328	SECTION 16. Section 651.165, Occupations Code, is
329	329	transferred to Subchapter F, Chapter 651, Occupations Code,
330	330	redesignated as Section 651.2661, Occupations Code, and amended to
331	331	read as follows:
332	332	Sec. 651.2661 [651.165]. RENEWAL OR REINSTATEMENT OF
333	333	LICENSE. (a) A person who is otherwise eligible to renew a license
334	334	may renew an unexpired license by paying the required renewal fee to
335	335	the commission before the expiration date of the license. A person
336	336	whose license has expired may not engage in activities that require
337	337	a license until the license has been renewed.
338	338	(b) A person whose license has been expired for 90 days or
339	339	less may renew the license by paying to the commission a renewal fee
340	340	that is equal to 1-1/2 times the normally required renewal fee.
341	341	(c) A person whose license has been expired for more than 90
342	342	days but less than one year may renew the license by paying to the
343	343	commission a renewal fee that is equal to two times the normally
344	344	required renewal fee.
345	345	(d) A person whose license has been expired for one year or
346	346	more may reinstate [renew] the license by:
347	347	(1) retaking and passing the [applicable] examination
348	348	under Section 651.254;
349	349	(2) paying any applicable fees, including a renewal
350	350	fee that is equal to two times the normally required renewal fee;
351	351	and
352	352	(3) completing any continuing education required
353	353	under Section 651.266.
354	354	(e) A person who was licensed in this state, moved to
355	355	another state, and is currently licensed and has been in practice in
356	356	the other state for the two years preceding the date of application
357	357	may obtain a new license without reexamination if both licenses are
358	358	in good standing. The person must pay to the commission a fee that
359	359	is equal to two times the normally required renewal fee for the
360	360	license.
361	361	(f) At least 30 days before the expiration of a person's
362	362	license, the commission shall send written notice of the impending
363	363	license expiration to the person at the person's last known address
364	364	according to the records of the commission.
365	365	SECTION 17. Section 651.1655, Occupations Code, is
366	366	transferred to Subchapter F, Chapter 651, Occupations Code,
367	367	redesignated as Section 651.2662, Occupations Code, and amended to
368	368	read as follows:
369	369	Sec. 651.2662 [651.1655]. REINSTATEMENT OF SUSPENDED
370	370	LICENSE. If authorized by the commission, a [A] person whose
371	371	license has been suspended may reinstate [renew] the license by:
372	372	(1) paying to the commission a renewal fee that is
373	373	equal to two times the normally required renewal fee;
374	374	(2) paying [in addition to] any penalty assessed by
375	375	the commission;
376	376	(3) completing any continuing education required
377	377	under Section 651.266; and
378	378	(4) passing the examination under Section 651.254.
379	379	SECTION 18. Sections 651.267(c) and (d), Occupations Code,
380	380	are amended to read as follows:
381	381	(c) A hearing to determine whether to reissue a license
382	382	shall be held before the commission unless the commission requires
383	383	the hearing to be held before an administrative law judge [a
384	384	hearings officer].
385	385	(d) A license that has been revoked may be reissued
386	386	[reinstated] only after the applicant:
387	387	(1) retakes and passes the [applicable] examination
388	388	under Section 651.254;
389	389	(2) pays a fee that is equal to two times the normally
390	390	required renewal fee; [and]
391	391	(3) satisfies any other commission requirements,
392	392	including any continuing education requirements under Section
393	393	651.266; and
394	394	(4) pays any penalty previously assessed by the
395	395	commission.
396	396	SECTION 19. The heading to Subchapter H, Chapter 651,
397	397	Occupations Code, is amended to read as follows:
398	398	SUBCHAPTER H. LICENSE REQUIREMENTS: CEMETERY, FUNERAL, AND
399	399	COMMERCIAL EMBALMING [EMBALMER] ESTABLISHMENTS
400	400	SECTION 20. Section 651.351, Occupations Code, is amended
401	401	by amending Subsections (d), (f), (g), and (h) and adding
402	402	Subsection (h-1) to read as follows:
403	403	(d) A funeral establishment must:
404	404	(1) meet the building, fire safety, and health
405	405	standards and health ordinances of this state and of the
406	406	municipality in which the establishment is located;
407	407	(2) except as provided by Subsection (i), be located
408	408	at a fixed place that is not tax-exempt property or a cemetery;
409	409	(3) include facilities in which funeral services may
410	410	be conducted;
411	411	(4) have access to vehicles [rolling stock] consisting
412	412	of at least one motor hearse;
413	413	(5) include a preparation room containing the
414	414	facilities, equipment, and supplies required by commission rule to
415	415	ensure the provision of adequate embalming services;
416	416	(6) include other facilities as necessary to comply
417	417	with the sanitary codes of this state and of the municipality in
418	418	which the room is located; [and]
419	419	(7) include a display containing sufficient
420	420	merchandise to permit reasonable selection, including at least
421	421	[five adult caskets,] two [of which must be] full-size caskets, one
422	422	of which must be the least expensive casket offered, that are [and]
423	423	displayed in a setting that allows for private selection; and
424	424	(8) conspicuously display the funeral establishment's
425	425	license [casket showroom].
426	426	(f) Other than the two full-size caskets, the merchandise
427	427	[The least expensive casket] displayed under Subsection (d)(7)
428	428	[must be a full-size casket displayed in the same general manner as
429	429	the other full-size caskets are displayed. The three adult caskets
430	430	that are not required to be full-size under Subsection (d)(7)] may
431	431	be displayed:
432	432	(1) in a partial panel display; or
433	433	(2) by video or brochure, online, or in any other
434	434	manner.
435	435	(g) The commission may exempt a funeral establishment from
436	436	the requirements of Subsection (d)(5) if[:
437	437	[(1)] the majority owner or designated agent of record
438	438	of a funeral establishment submits a written petition to the
439	439	commission requesting an exemption and stating:
440	440	(1) [(A)] the establishment's name and address;
441	441	(2) [(B)] that the establishment is located within 50
442	442	miles of a facility owned by the establishment requesting the
443	443	exemption and at which embalming services may be performed; and
444	444	(3) [(C)] that no embalming services will be performed
445	445	at the establishment[; and
446	446	[(2) the commission determines that the criteria in
447	447	Subdivision (1) have been met].
448	448	(h) The executive director shall notify the petitioner of
449	449	the commission's decision on an exemption request under Subsection
450	450	(g).
451	451	(h-1) An [The] exemption under Subsection (g) remains in
452	452	effect until the conditions required for the exemption are no
453	453	longer met[:
454	454	[(1) the establishment is no longer located within 50
455	455	miles of a facility owned by the exempt establishment or at which
456	456	embalming services may be performed; or
457	457	[(2) an embalming service has been performed at the
458	458	establishment].
459	459	SECTION 21. The heading to Section 651.352, Occupations
460	460	Code, is amended to read as follows:
461	461	Sec. 651.352. COMMERCIAL EMBALMING [EMBALMERS]
462	462	ESTABLISHMENT LICENSE REQUIREMENTS.
463	463	SECTION 22. Sections 651.352(a), (b), (c), and (e),
464	464	Occupations Code, are amended to read as follows:
465	465	(a) In this section, "commercial embalming [embalmers]
466	466	establishment" means a funeral [an] establishment that:
467	467	(1) embalms for other licensed funeral
468	468	establishments; and
469	469	(2) does not sell services or merchandise directly or
470	470	at retail to the public[; and
471	471	[(3) meets the requirements for an embalmers license].
472	472	(b) An establishment that functions solely as a commercial
473	473	embalming [embalmers] establishment is required to hold a
474	474	commercial embalming [embalmers] establishment license and [but]
475	475	is [not] required to comply with the requirements for a funeral
476	476	establishment license under Section 651.351 except for the
477	477	requirements of Sections 651.351(d)(3)[, (d)(6),] and (7) [(f)].
478	478	(c) A commercial embalming [embalmers] establishment may
479	479	employ an embalmer only if the embalmer is licensed under this
480	480	chapter.
481	481	(e) A licensed commercial embalming [embalmers]
482	482	establishment that meets the licensing requirements under
483	483	Subchapter N may hold a crematory establishment license.
484	484	SECTION 23. Section 651.401, Occupations Code, is amended
485	485	to read as follows:
486	486	Sec. 651.401. REMOVAL OF DEAD HUMAN BODY [FIRST CALL]. (a)
487	487	A funeral director [or embalmer] must direct [and personally
488	488	supervise] the pickup of a dead human body [on first call].
489	489	(b) A dead human body may be transferred without a funeral
490	490	director directing [personally making] the transfer at the
491	491	direction of a justice of the peace or other law enforcement
492	492	official[:
493	493	[(1) from one funeral establishment to another;
494	494	[(2) from a funeral establishment to and from a morgue
495	495	in which an autopsy is performed;
496	496	[(3) to and from an airport, crematory, or both; or
497	497	[(4) in circumstances in which there is no reasonable
498	498	probability that an unlicensed person will encounter a family
499	499	member or other person with whom funeral arrangements are normally
500	500	made by a funeral director or embalmer].
501	501	(c) A funeral director may direct an unlicensed person, a
502	502	provisional license holder, or an embalmer in the removal of a dead
503	503	human body. A funeral director who directs the removal of a dead
504	504	human body by an unlicensed person is strictly accountable for
505	505	compliance with the requirements of this chapter. If an unlicensed
506	506	person, a provisional license holder, or an embalmer inadvertently
507	507	encounters a family member or other person with whom funeral
508	508	arrangements are normally made, the [unlicensed] person shall
509	509	restrict communication with the family member or other person to:
510	510	(1) identifying the [unlicensed] person's employer;
511	511	and
512	512	(2) [arranging an appointment with the unlicensed
513	513	person's employer for a family member or other person who indicates
514	514	a desire to make funeral arrangements for the deceased; and
515	515	[(3)] making any disclosure to the family member or
516	516	other person that is required by federal or state law or regulation.
517	517	[(d) A funeral director or embalmer who directs the removal
518	518	or transfer of a dead human body without personally supervising the
519	519	transfer is strictly accountable for compliance with the
520	520	requirements of first call as provided by this section.]
521	521	SECTION 24. Section 651.407(c), Occupations Code, is
522	522	amended to read as follows:
523	523	(c) The funeral establishment shall retain a copy of the
524	524	written consent for at least two years and shall make the records of
525	525	the funeral establishment reasonably available for inspection by:
526	526	(1) the commission; and
527	527	(2) the person who provided the consent, as provided
528	528	by Section 711.002, Health and Safety Code [; and
529	529	[(3) the next of kin of the deceased person].
530	530	SECTION 25. The heading to Section 651.454, Occupations
531	531	Code, is amended to read as follows:
532	532	Sec. 651.454. [OTHER] UNETHICAL CONDUCT IN SOLICITING
533	533	CUSTOMERS.
534	534	SECTION 26. Section 651.454(a), Occupations Code, is
535	535	amended to read as follows:
536	536	(a) A person violates this chapter if the person, in
537	537	arranging for funeral services or merchandise, fails to:
538	538	(1) provide a prospective customer at the beginning of
539	539	the arrangement process with a copy of the brochure required by
540	540	Section 651.404;
541	541	(2) provide to a prospective customer inquiring in
542	542	person about any funeral service or merchandise a retail price list
543	543	for the prospective customer to keep;
544	544	(3) explain to a prospective customer that a purchase
545	545	[contractual] agreement for funeral services or merchandise may not
546	546	be entered into before a retail price list is provided to the
547	547	prospective customer; or
548	548	(4) provide general price information by telephone
549	549	within a reasonable time.
550	550	SECTION 27. Sections 651.457 and 651.458, Occupations Code,
551	551	are amended to read as follows:
552	552	Sec. 651.457. UNETHICAL CONDUCT REGARDING EMBALMING. (a)
553	553	A person violates this chapter if the person:
554	554	(1) embalms a body without:
555	555	(A) receiving the express written or oral
556	556	permission of a person authorized to make funeral arrangements for
557	557	the deceased; or
558	558	(B) making a documented reasonable effort over a
559	559	period of at least three hours to obtain the permission;
560	560	(2) [embalms or attempts to embalm a dead human body
561	561	without proper authority, evidence of which includes making an
562	562	incision on the body, raising a circulatory vessel of the body, or
563	563	injecting a chemical into the body;
564	564	[(3)] allows the presence or participation of a
565	565	student for credit or satisfaction of academic requirements during
566	566	the embalming of a dead human body without complying with Section
567	567	651.407; or
568	568	(3) [(4)] places a chemical or substance on or in a
569	569	dead human body to disinfect or preserve the body or to restore body
570	570	tissues and structures without holding an embalmer's license.
571	571	(b) Notwithstanding Subsection (a)(3) [(a)(4)], a
572	572	provisional license holder does not violate this chapter if the
573	573	provisional license holder places a chemical or substance on or in a
574	574	dead human body to disinfect or preserve the body or to restore body
575	575	tissues and structures under the supervision of an embalmer.
576	576	(c) For purposes of this section, "embalms a body" includes
577	577	an attempt to embalm a body, evidence of which includes making an
578	578	incision on the body, raising a circulatory vessel of the body, or
579	579	injecting a chemical into the body.
580	580	Sec. 651.458. UNETHICAL CONDUCT BY FUNERAL ESTABLISHMENT.
581	581	A person violates this chapter if the person makes a distinction in
582	582	providing funeral information to a customer because [regardless] of
583	583	any affiliation of the customer or because [whether] the customer
584	584	does or does not have [has] a present need for the services or
585	585	merchandise.
586	586	SECTION 28. The heading to Section 651.459, Occupations
587	587	Code, is amended to read as follows:
588	588	Sec. 651.459. [OTHER] UNETHICAL CONDUCT IN PROVIDING
589	589	FUNERAL SERVICES.
590	590	SECTION 29. Sections 651.459(a) and (c), Occupations Code,
591	591	are amended to read as follows:
592	592	(a) A person violates this chapter if the person:
593	593	(1) wilfully makes a false statement on:
594	594	(A) a death certificate, including forgery of a
595	595	physician's signature; or
596	596	(B) a document required by this chapter or a rule
597	597	adopted under this chapter;
598	598	(2) engages in dishonest [fraudulent],
599	599	unprofessional, or negligent [deceptive] conduct in providing
600	600	embalming services or funeral services or merchandise to a customer
601	601	[;
602	602	[(3) engages in dishonest conduct, wilful conduct, or
603	603	negligence in the practice of embalming or funeral directing] that
604	604	is likely to or does deceive, defraud, or otherwise injure the
605	605	public;
606	606	(3) [(4)] causes the execution of a document by the
607	607	use of fraud, deceit, or misrepresentation;
608	608	(4) [(5)] directly or indirectly employs a person to
609	609	solicit individuals or institutions by whose influence dead human
610	610	bodies may be turned over to a particular funeral director,
611	611	embalmer, or funeral establishment;
612	612	(5) [(6)] misappropriates funds held by a license
613	613	holder, a funeral establishment, an employee or agent of the
614	614	funeral establishment, or another depository, that create an
615	615	obligation to provide a funeral service or merchandise, including
616	616	retaining for an unreasonable time excess funds paid by or on behalf
617	617	of the customer for which the customer is entitled to a refund; or
618	618	(6) [(7)] performs acts of funeral directing or
619	619	embalming that are outside the licensed scope and authority of the
620	620	license holder, or performs acts of funeral directing or embalming
621	621	in a capacity other than that of an employee, agent, subcontractor,
622	622	or assignee of a licensed funeral establishment that has contracted
623	623	to perform those acts.
624	624	(c) A funeral director in charge violates this chapter if
625	625	the funeral director in charge fails to ensure that a dead human
626	626	body is removed in the manner provided by Section 651.401 [provide a
627	627	funeral director or an embalmer for direction or personal
628	628	supervision for a first call].
629	629	SECTION 30. Section 651.461, Occupations Code, is amended
630	630	to read as follows:
631	631	Sec. 651.461. DEFENSE TO VIOLATION. A person licensed
632	632	under this chapter does not violate this chapter by engaging in
633	633	conduct regarding funeral arrangements under the direction of a
634	634	person who:
635	635	(1) represents in writing to the license holder that
636	636	the person is authorized to make funeral arrangements for the
637	637	deceased; and
638	638	(2) provides written directions to the license holder
639	639	in the manner provided by Section 711.002, Health and Safety Code.
640	640	SECTION 31. Section 651.508, Occupations Code, is
641	641	transferred to Subchapter J, Chapter 651, Occupations Code,
642	642	redesignated as Section 651.462, Occupations Code, and amended to
643	643	read as follows:
644	644	Sec. 651.462 [651.508]. ENFORCEMENT OF LAW REGULATING
645	645	CREMATORIES. A [For purposes of this subchapter, a] person
646	646	regulated under this chapter that violates Chapter 716, Health and
647	647	Safety Code, violates this chapter.
648	648	SECTION 32. Section 651.501(a), Occupations Code, is
649	649	amended to read as follows:
650	650	(a) After notice and the opportunity for a hearing [as
651	651	provided by this subchapter], the commission may issue a letter of
652	652	warning [reprimand], assess an administrative penalty, revoke or
653	653	[,] suspend a license, place a license holder on probation [or
654	654	probate the suspension of a license or provisional license], or
655	655	impose any combination of those penalties if the commission
656	656	determines that a person regulated under this chapter has violated
657	657	[for a violation of] this chapter or a rule adopted under this
658	658	chapter.
659	659	SECTION 33. The heading to Section 651.502, Occupations
660	660	Code, is amended to read as follows:
661	661	Sec. 651.502. LICENSE DENIAL[; EFFECT OF CRIMINAL
662	662	CONVICTION].
663	663	SECTION 34. Section 651.502, Occupations Code, is amended
664	664	by amending Subsections (a) and (b) and adding Subsection (a-1) to
665	665	read as follows:
666	666	(a) After a hearing before the commission, the [The]
667	667	commission may[, before a hearing or a waiver of a right to a
668	668	hearing,] refuse to issue or renew:
669	669	(1) a license or provisional license to a person who
670	670	has violated this chapter or a rule adopted under this chapter or
671	671	who has a criminal conviction; or
672	672	(2) an establishment license to an individual,
673	673	partnership, or corporation if the individual, a partner, or an
674	674	officer or director of the corporation:
675	675	(A) has violated this chapter or a rule adopted
676	676	under this chapter;
677	677	(B) previously held an establishment license
678	678	that was suspended or revoked; or
679	679	(C) attempts to avoid a revocation, suspension,
680	680	or license denial [refusal] by subterfuge or other evasive means.
681	681	(a-1) The commission may, after a hearing held under
682	682	Subsection (a), order that a license be issued or renewed on a
683	683	probationary basis through the execution of an agreed order.
684	684	(b) A person who is refused the issuance or renewal of [to
685	685	whom the commission refuses to issue] a license under Subsection
686	686	(a) may appeal the decision by submitting a written request for a
687	687	hearing in accordance with Chapter 2001, Government Code, not later
688	688	than the 30th day after the date of the refusal.
689	689	SECTION 35. The heading to Section 651.503, Occupations
690	690	Code, is amended to read as follows:
691	691	Sec. 651.503. LETTER OF WARNING; REPORT BY LICENSE HOLDER.
692	692	SECTION 36. Section 651.503(a), Occupations Code, is
693	693	amended to read as follows:
694	694	(a) The commission shall issue a written warning to a
695	695	license holder if the commission:
696	696	(1) conducts an investigation that identifies a
697	697	violation of this chapter by the license holder; and
698	698	(2) does not [issue a reprimand, assess an
699	699	administrative penalty, or] impose any other penalty against the
700	700	license holder.
701	701	SECTION 37. Section 651.505, Occupations Code, is amended
702	702	by amending Subsection (a) and adding Subsection (d) to read as
703	703	follows:
704	704	(a) If the commission places a license holder on probation
705	705	[a person whose license has been suspended], the commission may
706	706	impose conditions on the probation that are reasonable and related
707	707	to the reason the license holder was placed on probation [violation
708	708	for which the license was suspended]. If the commission orders
709	709	probation, the commission may require the license holder to:
710	710	(1) report regularly to the commission on matters that
711	711	are the basis of the probation;
712	712	(2) limit practice to the areas prescribed by the
713	713	commission; or
714	714	(3) continue or renew professional education until the
715	715	license holder attains a degree of skill satisfactory to the
716	716	commission in those areas that are the basis of the probation.
717	717	(d) The commission may suspend or revoke the license of a
718	718	license holder without a hearing if the commission determines the
719	719	license holder violated the terms of probation. The license holder
720	720	may appeal the decision by submitting a written request for a
721	721	hearing in accordance with this chapter and Chapter 2001,
722	722	Government Code, not later than the 30th day after the date of the
723	723	suspension or revocation.
724	724	SECTION 38. Section 651.506(a), Occupations Code, is
725	725	amended to read as follows:
726	726	(a) A proceeding conducted by the commission relating to an
727	727	appeal of the denial of a license or provisional license, the
728	728	suspension or revocation of a license, [the issuance of a
729	729	reprimand,] or the imposition of an administrative penalty under
730	730	Subchapter L [assessed after a hearing as provided by Section
731	731	651.551] and judicial review of the proceeding are governed by
732	732	Chapter 2001, Government Code.
733	733	SECTION 39. Section 651.506(f), Occupations Code, is
734	734	redesignated as Section 651.50601, Occupations Code, and amended to
735	735	read as follows:
736	736	Sec. 651.50601. DECISION BY COMMISSION. [(f)] The
737	737	commission shall review the findings of fact, conclusions of law,
738	738	and ruling of the administrative law judge in a proceeding under
739	739	Section 651.506 before making its final ruling in the proceeding.
740	740	The commission may also review a transcript of the proceeding
741	741	before making its final ruling. The commission shall adopt the
742	742	ruling of the administrative law judge as its ruling unless it finds
743	743	good cause to issue a different ruling. The commission shall
744	744	explain in writing the reasons for adopting a ruling other than the
745	745	one issued by the administrative law judge.
746	746	SECTION 40. Subchapter K, Chapter 651, Occupations Code, is
747	747	amended by adding Section 651.5065 to read as follows:
748	748	Sec. 651.5065. INFORMAL PROCEEDINGS. (a) The commission
749	749	by rule shall adopt procedures governing:
750	750	(1) informal disposition of a contested case under
751	751	Section 2001.056, Government Code; and
752	752	(2) an informal proceeding held in compliance with
753	753	Section 2001.054, Government Code.
754	754	(b) A settlement reached through an informal proceeding is
755	755	finalized through the execution of an agreed order. The agreed
756	756	order must specify the violation found, any administrative penalty
757	757	assessed, and the consequences of failing to comply with the terms
758	758	of the agreed order.
759	759	(c) If a settlement is not reached through an informal
760	760	proceeding, the commission shall hold a hearing on the matter under
761	761	Section 651.506.
762	762	SECTION 41. Section 651.5515, Occupations Code, is
763	763	transferred to Subchapter K, Chapter 651, Occupations Code,
764	764	redesignated as Section 651.5075, Occupations Code, and amended to
765	765	read as follows:
766	766	Sec. 651.5075 [651.5515]. SANCTIONS SCHEDULE [PENALTY
767	767	GUIDELINES]. (a) The commission by rule shall adopt a sanctions
768	768	schedule [guidelines that define and summarize the violations that
769	769	occur under this subchapter to assist the commission in maintaining
770	770	consistency in determining the amount of an administrative penalty
771	771	assessed under Section 651.552. Using those guidelines and the
772	772	summary, the commission shall establish and maintain a chart] that
773	773	lists:
774	774	(1) the most common violations that occur under this
775	775	chapter;
776	776	(2) the types of sanctions, including administrative
777	777	penalties, that may be imposed [penalty amounts assessed] for those
778	778	violations; and
779	779	(3) the factors used to determine the sanction that
780	780	may be imposed for [grade] each [type of] violation [before
781	781	determining the penalty amount under Section 651.552].
782	782	(b) The commission shall [consider using focus groups to]
783	783	obtain business and consumer input to match appropriate sanctions
784	784	[penalties] to violations before proposing the rules under this
785	785	section.
786	786	(c) The commission shall post the schedule [guidelines] on
787	787	the commission's Internet website [site].
788	788	SECTION 42. Section 651.551(b), Occupations Code, is
789	789	amended to read as follows:
790	790	(b) [The penalty may be assessed in the manner provided by
791	791	this subchapter or after a hearing under Section 651.506.] If an
792	792	administrative penalty is assessed after a hearing under Section
793	793	651.506, the commission shall follow the procedures described in
794	794	Sections 651.555 through 651.558.
795	795	SECTION 43. Section 651.552(b), Occupations Code, is
796	796	amended to read as follows:
797	797	(b) In determining the amount of the penalty, the commission
798	798	shall base its decision on:
799	799	(1) the seriousness of the violation;
800	800	(2) the threat the violation poses to health and
801	801	safety;
802	802	(3) the history of previous violations;
803	803	(4) the amount necessary to deter a future violation;
804	804	(5) efforts made to correct the violation;
805	805	(6) the sanctions schedule [guidelines] adopted under
806	806	Section 651.5075 [651.5515]; and
807	807	(7) any other matter that justice requires.
808	808	SECTION 44. Sections 651.553(a) and (b), Occupations Code,
809	809	are amended to read as follows:
810	810	(a) If, after examining a possible violation and the facts
811	811	relating to that violation, the commission determines that a
812	812	violation has occurred, the commission shall issue a [preliminary]
813	813	report stating:
814	814	(1) the facts on which the determination is based;
815	815	(2) that an administrative penalty is to be imposed;
816	816	and
817	817	(3) the amount of the penalty.
818	818	(b) Not later than the 10th day after the date the report is
819	819	issued, the commission shall send to the person charged with the
820	820	violation:
821	821	(1) a copy of the report;
822	822	(2) a statement of the right of the person to a hearing
823	823	relating to the alleged violation; and
824	824	(3) a statement of the amount of the penalty [; and
825	825	[(4) an explanation for any significant deviation from
826	826	the penalty amount assessed for similar violations].
827	827	SECTION 45. Sections 651.554(a) and (d), Occupations Code,
828	828	are amended to read as follows:
829	829	(a) Not later than the 30th day after the date the
830	830	[preliminary] report is sent, the person charged may:
831	831	(1) make a written request for a hearing; or
832	832	(2) pay the administrative penalty to the commission.
833	833	(d) If the person requests a hearing, the hearing shall be
834	834	conducted in the manner provided by Section 651.506 or through an
835	835	informal proceeding described by Section 651.5065(a).
836	836	SECTION 46. Section 651.602(a), Occupations Code, is
837	837	amended to read as follows:
838	838	(a) A person commits an offense if the person:
839	839	(1) acts or holds the person out as a funeral director,
840	840	embalmer, or provisional license holder without being licensed
841	841	under this chapter;
842	842	(2) [makes a first call in a manner that] violates
843	843	Section 651.401;
844	844	(3) is a funeral director, embalmer, or provisional
845	845	license holder and engages in a funeral practice that violates this
846	846	chapter or a rule adopted under this chapter; or
847	847	(4) violates Chapter 154, Finance Code, or a rule
848	848	adopted under that chapter, regardless of whether the Texas
849	849	Department of Banking or another governmental agency takes action
850	850	relating to the violation.
851	851	SECTION 47. Section 651.652, Occupations Code, is amended
852	852	to read as follows:
853	853	Sec. 651.652. APPLICABILITY. [(a)] This subchapter
854	854	applies only to a crematory that sells goods or services related to
855	855	the [burial or] final disposition of a body.
856	856	SECTION 48. The following sections of the Occupations Code
857	857	are repealed:
858	858	(1) Section 651.257;
859	859	(2) Section 651.2595;
860	860	(3) Section 651.264;
861	861	(4) Section 651.354(d);
862	862	(5) Section 651.355;
863	863	(6) Sections 651.502(c) and (d);
864	864	(7) Section 651.5026;
865	865	(8) Section 651.504;
866	866	(9) Sections 651.506(g) and (h);
867	867	(10) Section 651.5061; and
868	868	(11) Section 651.559.
869	869	SECTION 49. Sections 651.253 and 651.259, Occupations Code,
870	870	as amended by this Act, apply only to a person who applies for a
871	871	funeral director's license or embalmer's license on or after the
872	872	effective date of this Act. A person who applies for a funeral
873	873	director's license or embalmer's license before the effective date
874	874	of this Act is governed by the law in effect on the date the person
875	875	applied for that license, and the former law is continued in effect
876	876	for that purpose.
877	877	SECTION 50. Section 651.2661, Occupations Code, as
878	878	transferred, redesignated, and amended by this Act, applies only to
879	879	a person who applies for reinstatement of a license on or after the
880	880	effective date of this Act. A person who applies for renewal of a
881	881	license under former Section 651.165, Occupations Code, before the
882	882	effective date of this Act is governed by the law in effect on the
883	883	date the person applied for renewal, and the former law is continued
884	884	in effect for that purpose.
885	885	SECTION 51. Section 651.2662, Occupations Code, as
886	886	transferred, redesignated, and amended by this Act, applies only to
887	887	a person who applies for reinstatement of a license on or after the
888	888	effective date of this Act. A person who applies for renewal of a
889	889	license under former Section 651.1655, Occupations Code, before the
890	890	effective date of this Act is governed by the law in effect on the
891	891	date the person applied for renewal, and the former law is continued
892	892	in effect for that purpose.
893	893	SECTION 52. Section 651.267, Occupations Code, as amended
894	894	by this Act, applies only to a person who applies for reissuance of
895	895	a license on or after the effective date of this Act. A person who
896	896	applies for reissuance of a license before the effective date of
897	897	this Act is governed by the law in effect on the date the person
898	898	applied for reissuance, and the former law is continued in effect
899	899	for that purpose.
900	900	SECTION 53. Section 651.502, Occupations Code, as amended
901	901	by this Act, applies only to a person who applies for the issuance
902	902	or renewal of a license on or after the effective date of this Act. A
903	903	person who applies for the issuance or renewal of a license before
904	904	the effective date of this Act is governed by the law in effect on
905	905	the date the person applied, and the former law is continued in
906	906	effect for that purpose.
907	907	SECTION 54. Section 651.505, Occupations Code, as amended
908	908	by this Act, applies only to a person placed on probation on or
909	909	after the effective date of this Act. A person placed on probation
910	910	before the effective date of this Act is governed by the law in
911	911	effect on the date the person was placed on probation, and the
912	912	former law is continued in effect for that purpose.
913	913	SECTION 55. Section 651.506, Occupations Code, as amended
914	914	by this Act, and Section 651.50601, Occupations Code, as
915	915	redesignated and amended by this Act, apply only to a proceeding
916	916	initiated on or after the effective date of this Act. A proceeding
917	917	initiated before the effective date of this Act is governed by the
918	918	law in effect on the date the proceeding was initiated, and the
919	919	former law is continued in effect for that purpose.
920	920	SECTION 56. This Act takes effect September 1, 2019.