Texas 2019 - 86th Regular

Texas House Bill HB1540 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1540
	1	+	By: Thompson of Harris, et al. H.B. No. 1540
	2	+	(Senate Sponsor - Hall)
	3	+	(In the Senate - Received from the House April 23, 2019;
	4	+	April 24, 2019, read first time and referred to Committee on
	5	+	Business & Commerce; May 7, 2019, reported favorably by the
	6	+	following vote: Yeas 8, Nays 0; May 7, 2019, sent to printer.)
	7	+	Click here to see the committee vote
2	8
3	9
	10	+	A BILL TO BE ENTITLED
4	11		AN ACT
5	12		relating to the continuation and functions of the Texas Funeral
6	13		Service Commission; authorizing fees.
7	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	15		SECTION 1. Section 711.007(b), Health and Safety Code, is
9	16		amended to read as follows:
10	17		(b) The proceeding may be brought by:
11	18		(1) the attorney general;
12	19		(2) the Banking Commissioner of Texas;
13	20		(3) the governing body of a municipality with a
14	21		population of more than 25,000, if the cemetery is located in the
15	22		municipality or not farther than five miles from the municipality;
16	23		(4) the district attorney of the county, if the
17	24		cemetery is located in an area of the county not described by
18	25		Subdivision (3);
19	26		(5) the owner of a residence:
20	27		(A) in or near the municipality in which the
21	28		cemetery is located; or
22	29		(B) in the area proscribed for the location of a
23	30		cemetery by Section 711.008; or
24	31		(6) [the Texas Funeral Service Commission; or
25	32		[(7)] the owner of a plot in the cemetery.
26	33		SECTION 2. Section 711.012(b), Health and Safety Code, is
27	34		amended to read as follows:
28	35		(b) The Texas Funeral Service Commission may adopt rules,
29	36		establish procedures, and prescribe forms to enforce and administer
30	37		Section [Sections 711.003, 711.008,] 711.0105[, 711.021-711.034,
31	38		711.038, 711.0395, 711.041, 711.042, 711.052, 711.061, 711.063,
32	39		and 711.064 relating to cemeteries that are not perpetual care
33	40		cemeteries].
34	41		SECTION 3. Section 711.0515, Health and Safety Code, is
35	42		amended to read as follows:
36	43		Sec. 711.0515. ENFORCEMENT BY ATTORNEY GENERAL; INJUNCTIVE
37	44		RELIEF. In addition to bringing an action under Section 711.051,
38	45		the attorney general [at the request of the Texas Funeral Service
39	46		Commission] may bring an action for injunctive relief to enforce
40	47		this chapter or a rule or order adopted by the Texas Funeral Service
41	48		Commission [commission] under this chapter.
42	49		SECTION 4. Section 715.003, Health and Safety Code, is
43	50		amended to read as follows:
44	51		Sec. 715.003. PARTIES TO ACTION. An action commenced under
45	52		this chapter shall be brought by the incorporators of the nonprofit
46	53		corporation on behalf of the nonprofit corporation. The necessary
47	54		parties to the action on which citation shall be served under
48	55		Section 715.006 are:
49	56		(1) the record owners of the real property comprising
50	57		the historic cemetery;
51	58		(2) the owners of plots in the cemetery, who may be
52	59		designated as a class in the petition; and
53	60		(3) the Texas Historical Commission[; and
54	61		[(4) the Texas Funeral Service Commission].
55	62		SECTION 5. Section 715.006(a), Health and Safety Code, is
56	63		amended to read as follows:
57	64		(a) Before the 31st day after the date an action is
58	65		commenced by a nonprofit corporation under this chapter, the
59	66		nonprofit corporation shall cause citation to be issued and served
60	67		by certified mail, return receipt requested, on:
61	68		(1) the record owners of the real property comprising
62	69		the cemetery at their last known addresses;
63	70		(2) the owners of plots in the cemetery at their last
64	71		known addresses;
65	72		(3) the Texas Historical Commission at its office in
66	73		Austin, Texas; and
67	74		(4) [the Texas Funeral Service Commission; and
68	75		[(5)] the county auditor of the county in which the
69	76		cemetery is located.
70	77		SECTION 6. The heading to Subtitle L, Title 3, Occupations
71	78		Code, is amended to read as follows:
72	79		SUBTITLE L. [CEMETERY AND] CREMATORY SERVICES, FUNERAL DIRECTING,
73	80		AND EMBALMING
74	81		SECTION 7. The heading to Chapter 651, Occupations Code, is
75	82		amended to read as follows:
76	83		CHAPTER 651. [CEMETERY AND] CREMATORY SERVICES, FUNERAL DIRECTING,
77	84		AND EMBALMING
78	85		SECTION 8. Section 651.002, Occupations Code, is amended to
79	86		read as follows:
80	87		Sec. 651.002. APPLICATION OF SUNSET ACT. The Texas Funeral
81	88		Service Commission is subject to Chapter 325, Government Code
82	89		(Texas Sunset Act). Unless continued in existence as provided by
83	90		that chapter, the commission is abolished and this chapter expires
84	91		September 1, 2031 [2019].
85	92		SECTION 9. Section 651.004, Occupations Code, is amended to
86	93		read as follows:
87	94		Sec. 651.004. REGULATION OF [CEMETERY AND] CREMATORY
88	95		SERVICES. (a) The commission shall regulate [cemetery and]
89	96		crematory services as provided by this chapter and Chapter 716,
90	97		Health and Safety Code.
91	98		(b) The commission may not regulate [cemetery or] crematory
92	99		services that occur after burial or inurnment unless the services
93	100		relate to the care and treatment of the remains in an urn, casket,
94	101		or outer enclosure.
95	102		SECTION 10. Section 651.051(a), Occupations Code, is
96	103		amended to read as follows:
97	104		(a) The Texas Funeral Service Commission consists of seven
98	105		members appointed by the governor, with the advice and consent of
99	106		the senate as follows:
100	107		(1) two members who are licensed as both an embalmer
101	108		and a funeral director for at least the five years preceding
102	109		appointment to the commission;
103	110		(2) one member who is a crematory [registered
104	111		cemetery] owner or operator; and
105	112		(3) four members who represent the public and who:
106	113		(A) are not regulated under this chapter; and
107	114		(B) have consistently shown an interest in
108	115		supporting consumer protection.
109	116		SECTION 11. Section 651.0511, Occupations Code, is amended
110	117		by amending Subsection (b) and adding Subsection (d) to read as
111	118		follows:
112	119		(b) The training program must provide the person with
113	120		information regarding:
114	121		(1) the law governing commission operations [this
115	122		chapter];
116	123		(2) the programs, functions, rules, and budget of
117	124		[operated by] the commission;
118	125		(3) the scope of and limitations on the rulemaking
119	126		authority [the role and functions] of the commission;
120	127		(4) [the rules of the commission, with an emphasis on
121	128		the rules that relate to disciplinary and investigatory authority;
122	129		[(5) the current budget for the commission;
123	130		[(6)] the results of the most recent formal audit of
124	131		the commission;
125	132		(5) [(7)] the requirements of:
126	133		(A) laws relating to [the] open meetings [law],
127	134		[Chapter 551, Government Code;
128	135		[(B) the] public information [law], [Chapter
129	136		552, Government Code;
130	137		[(C) the] administrative procedure [law], and
131	138		disclosing conflicts of interest [Chapter 2001, Government Code];
132	139		and
133	140		(B) [(D)] other laws applicable to members of a
134	141		state policymaking body in performing their duties [relating to
135	142		public officials, including conflict-of-interest laws]; and
136	143		(6) [(8)] any applicable ethics policies adopted by
137	144		the commission or the Texas Ethics Commission.
138	145		(d) The executive director of the commission shall create a
139	146		training manual that includes the information required by
140	147		Subsection (b). The executive director shall distribute a copy of
141	148		the training manual annually to each member of the commission. Each
142	149		member of the commission shall sign and submit to the executive
143	150		director a statement acknowledging that the member received and has
144	151		reviewed the training manual.
145	152		SECTION 12. Section 651.151, Occupations Code, is amended
146	153		by adding Subsection (d) to read as follows:
147	154		(d) The commission may appoint advisory committees to
148	155		perform the advisory functions assigned to the committees by the
149	156		commission. An advisory committee appointed under this subsection
150	157		is subject to Chapter 2110, Government Code.
151	158		SECTION 13. Section 651.1525(a), Occupations Code, is
152	159		amended to read as follows:
153	160		(a) Before publishing a proposed rule for public comment,
154	161		the commission shall seek advice and opinions from persons who will
155	162		be most affected by the rule. At a minimum, those persons must
156	163		include consumer groups and trade associations that represent
157	164		persons from each group regulated by the commission, including
158	165		funeral directors and [cemetery and] crematory operators.
159	166		SECTION 14. Section 651.154(a), Occupations Code, is
160	167		amended to read as follows:
161	168		(a) The commission by rule shall establish [set the
162	169		following] fees in amounts reasonable and necessary to cover the
163	170		costs of administering [administer] this chapter[:
164	171		[(1) the funeral director's and embalmer's application
165	172		fee, license fee, duplicate license fee, and reciprocal license
166	173		fee; and
167	174		[(2) the cemetery, crematory, or funeral
168	175		establishment license fee, renewal fee, and late renewal penalty].
169	176		SECTION 15. The heading to Section 651.157, Occupations
170	177		Code, is amended to read as follows:
171	178		Sec. 651.157. INSPECTION OF [CEMETERY,] CREMATORY[,] OR
172	179		FUNERAL ESTABLISHMENT.
173	180		SECTION 16. Sections 651.157(a), (b), (d), and (f),
174	181		Occupations Code, are amended to read as follows:
175	182		(a) Except as provided by Subsection (b), a licensed
176	183		[cemetery,] crematory[,] or funeral establishment shall be
177	184		inspected at least once every three [two] years by an agent of the
178	185		commission or by an agent of the state or a political subdivision
179	186		authorized by the commission to make inspections on its behalf.
180	187		(b) If the commission finds a violation of this chapter or
181	188		of Chapter 193, 361, 711, 714, 715, or 716, Health and Safety Code,
182	189		the commission shall inspect the [cemetery,] crematory[,] or
183	190		funeral establishment annually until the commission determines
184	191		that the establishment is free of violations.
185	192		(d) The commission by rule shall establish:
186	193		(1) procedures for the inspection of a [cemetery,]
187	194		crematory[,] or funeral establishment required by this section; and
188	195		(2) criteria, including consideration of the
189	196		establishment's inspection and complaint history, regarding when
190	197		the commission should inspect an establishment based on the risk of
191	198		a violation at an establishment.
192	199		(f) Before a commission agent inspects a [cemetery,]
193	200		crematory[,] or funeral establishment, the agent shall review the
194	201		inspection reports filed with the commission on the establishment.
195	202		During the inspection, the agent shall determine whether previously
196	203		identified problems have been corrected and whether a pattern of
197	204		violations exists. The commission shall consider the information
198	205		from the inspection reports in determining whether a penalty should
199	206		be imposed against an establishment.
200	207		SECTION 17. Section 651.162, Occupations Code, is amended
201	208		to read as follows:
202	209		Sec. 651.162. ANNUAL [BIENNIAL] REPORT. (a) The
203	210		commission shall prepare [file biennially with the governor] a
204	211		written annual report describing [description of] the activities of
205	212		the commission during the [two] preceding fiscal year [years]. The
206	213		report must include information regarding:
207	214		(1) licensing, inspection, and enforcement
208	215		activities;
209	216		(2) changes to commission policies; and
210	217		(3) complaint information.
211	218		(b) The commission shall post the report on the commission's
212	219		Internet website.
213	220		SECTION 18. Section 651.164, Occupations Code, is amended
214	221		to read as follows:
215	222		Sec. 651.164. LICENSE EXPIRATION; TERM. (a) A license
216	223		issued under this chapter, other than a provisional license, is
217	224		valid for a term of one or two years as provided by commission rule.
218	225		(b) The commission by rule shall [may] adopt a system under
219	226		which licenses expire on various dates during the year. For a [the
220	227		year in which the] license that is issued for less than a full term
221	228		[expiration date is changed], the commission shall prorate license
222	229		fees on a monthly basis so that the [each] license holder pays only
223	230		that portion of the license fee that is allocable to the number of
224	231		months during which the license is valid. On renewal of the license
225	232		on the new expiration date, the total license renewal fee is
226	233		payable.
227	234		SECTION 19. Subchapter E, Chapter 651, Occupations Code, is
228	235		amended by adding Section 651.2035 to read as follows:
229	236		Sec. 651.2035. CONFIDENTIALITY OF COMPLAINT INFORMATION.
230	237		(a) Except as provided by Subsection (b), a complaint and
231	238		investigation and all information and materials compiled by the
232	239		commission in connection with the complaint and investigation are
233	240		not subject to:
234	241		(1) disclosure under Chapter 552, Government Code; or
235	242		(2) disclosure, discovery, subpoena, or other means of
236	243		legal compulsion for release of information to any person.
237	244		(b) A complaint or investigation subject to Subsection (a)
238	245		and all information and materials compiled by the commission in
239	246		connection with the complaint may be disclosed to:
240	247		(1) the commission and commission employees or agents
241	248		involved in license holder discipline;
242	249		(2) a party to a disciplinary action against the
243	250		license holder or that party's designated representative;
244	251		(3) a law enforcement agency; or
245	252		(4) a governmental agency, if the disclosure is
246	253		required or permitted by law.
247	254		(c) The commission is not required under Subsection (b) to
248	255		release the identity of a complainant who will not testify at the
249	256		hearing.
250	257		(d) Notwithstanding Subsection (a), on the dismissal or
251	258		final resolution of a complaint or investigation, a final order of
252	259		the commission is subject to disclosure under Chapter 552,
253	260		Government Code.
254	261		SECTION 20. Section 651.259(e), Occupations Code, is
255	262		amended to read as follows:
256	263		(e) The commission shall conduct a criminal background
257	264		check on each applicant. [An applicant is not eligible for a
258	265		license under this section if the applicant has, in the 10 years
259	266		preceding the date of the application, been finally convicted of a
260	267		misdemeanor involving moral turpitude or a felony.]
261	268		SECTION 21. Sections 651.260(a) and (b), Occupations Code,
262	269		are amended to read as follows:
263	270		(a) A [If a license issued under this chapter is lost or
264	271		destroyed, the] license holder may apply to the commission for a
265	272		duplicate license:
266	273		(1) if a license issued under this chapter is lost or
267	274		destroyed; or
268	275		(2) as needed to comply with Section 651.261.
269	276		(b) The license holder must submit the application on a form
270	277		prescribed by the commission and must submit with the application
271	278		an affidavit verifying:
272	279		(1) for an applicant under Subsection (a)(1), the loss
273	280		or destruction of the license;
274	281		(2) that the license holder is the person to whom the
275	282		license was issued; and
276	283		(3) for an applicant under Subsection (a)(1), any
277	284		other information concerning the loss or destruction of the license
278	285		the commission requires.
279	286		SECTION 22. The heading to Subchapter H, Chapter 651,
280	287		Occupations Code, is amended to read as follows:
281	288		SUBCHAPTER H. LICENSE REQUIREMENTS: [CEMETERY,] FUNERAL[,] AND
282	289		COMMERCIAL EMBALMER ESTABLISHMENTS
283	290		SECTION 23. Section 651.351(g), Occupations Code, is
284	291		amended to read as follows:
285	292		(g) The commission may exempt a funeral establishment from
286	293		the requirements of Subsection (d)(5) if the establishment meets
287	294		the requirements for the exemption provided by commission rule[:
288	295		[(1) the majority owner or designated agent of record
289	296		of a funeral establishment submits a written petition to the
290	297		commission requesting an exemption and stating:
291	298		[(A) the establishment's name and address;
292	299		[(B) that the establishment is located within 50
293	300		miles of a facility owned by the establishment requesting the
294	301		exemption and at which embalming services may be performed; and
295	302		[(C) that no embalming services will be performed
296	303		at the establishment; and
297	304		[(2) the commission determines that the criteria in
298	305		Subdivision (1) have been met].
299	306		SECTION 24. Section 651.354, Occupations Code, is amended
300	307		to read as follows:
301	308		Sec. 651.354. RENEWAL OF [CEMETERY OR] FUNERAL
302	309		ESTABLISHMENT LICENSE. (a) The commission shall mail written
303	310		notice to a [cemetery or] funeral establishment of the impending
304	311		expiration of the establishment's license not later than the 30th
305	312		day before the expiration date of the license. The notice must
306	313		state that:
307	314		(1) to renew the license, the [cemetery or] funeral
308	315		establishment must pay the renewal fee in an amount provided by rule
309	316		not later than the license expiration date; and
310	317		(2) the license is automatically renewed on receipt of
311	318		the renewal fee.
312	319		(b) A [cemetery or] funeral establishment that fails to pay
313	320		the license renewal fee by the due date is subject to a late payment
314	321		penalty in an amount determined by rule [equal to the amount charged
315	322		for the license renewal fee].
316	323		(c) If the license is expired for longer than 30 days, the
317	324		[cemetery or] funeral establishment may not operate as a [cemetery
318	325		or] funeral establishment until the renewal fee and the late
319	326		payment penalty are paid.
320	327		[(d) This section does not apply to a perpetual care
321	328		cemetery.]
322	329		SECTION 25. Section 651.401, Occupations Code, is amended
323	330		to read as follows:
324	331		Sec. 651.401. FIRST CALL; REMOVAL OF BODY. (a) First call
325	332		occurs at the beginning of a relationship between a funeral
326	333		director and a person authorized by Section 711.002, Health and
327	334		Safety Code, to control the disposition of the decedent's remains.
328	335		(b) Notwithstanding Subsection (c), a [A] funeral director
329	336		[or embalmer] must direct [and personally supervise] the pickup of
330	337		a dead human body under this chapter [on first call].
331	338		(c) [(b)] A dead human body may be transferred without a
332	339		funeral director directing [personally making] the transfer at the
333	340		direction of a justice of the peace or other law enforcement
334	341		official[:
335	342		[(1) from one funeral establishment to another;
336	343		[(2) from a funeral establishment to and from a morgue
337	344		in which an autopsy is performed;
338	345		[(3) to and from an airport, crematory, or both; or
339	346		[(4) in circumstances in which there is no reasonable
340	347		probability that an unlicensed person will encounter a family
341	348		member or other person with whom funeral arrangements are normally
342	349		made by a funeral director or embalmer].
343	350		(d) A funeral director may direct an unlicensed person, a
344	351		provisional license holder, or an embalmer in the removal of a dead
345	352		human body. A funeral director who directs the removal of a dead
346	353		human body by an unlicensed person is strictly accountable for
347	354		compliance with the requirements of this chapter. [(c)] If an
348	355		unlicensed person, a provisional license holder, or an embalmer
349	356		inadvertently encounters a family member or other person with whom
350	357		funeral arrangements are normally made, the [unlicensed] person
351	358		shall restrict communication with the family member or other person
352	359		to:
353	360		(1) identifying the [unlicensed] person's employer;
354	361		and
355	362		(2) [arranging an appointment with the unlicensed
356	363		person's employer for a family member or other person who indicates
357	364		a desire to make funeral arrangements for the deceased; and
358	365		[(3)] making any disclosure to the family member or
359	366		other person that is required by federal or state law or regulation.
360	367		[(d) A funeral director or embalmer who directs the removal
361	368		or transfer of a dead human body without personally supervising the
362	369		transfer is strictly accountable for compliance with the
363	370		requirements of first call as provided by this section.]
364	371		SECTION 26. The heading to Section 651.4055, Occupations
365	372		Code, is amended to read as follows:
366	373		Sec. 651.4055. RETAIL PRICE LIST; [CEMETERY OR] CREMATORY.
367	374		SECTION 27. Sections 651.4055(a) and (b), Occupations Code,
368	375		are amended to read as follows:
369	376		(a) In this section, "retail price list" means a printed or
370	377		typewritten list of the retail price of items or services provided
371	378		by a [cemetery or] crematory.
372	379		(b) A retail price list must contain:
373	380		(1) the name, address, and telephone number of the
374	381		[cemetery or] crematory;
375	382		(2) the effective date for the stated prices;
376	383		(3) notice required by Subsection (c); and
377	384		(4) any other items that the commission may by rule
378	385		require.
379	386		SECTION 28. The heading to Section 651.4065, Occupations
380	387		Code, is amended to read as follows:
381	388		Sec. 651.4065. PURCHASE AGREEMENT; [CEMETERY OR]
382	389		CREMATORY.
383	390		SECTION 29. Section 651.4065(a), Occupations Code, is
384	391		amended to read as follows:
385	392		(a) A purchase agreement must state:
386	393		(1) the name, address, and telephone number of the
387	394		[cemetery or] crematory;
388	395		(2) the amount paid or owed to another person by the
389	396		[cemetery or] crematory on behalf of the customer and each fee
390	397		charged the customer for the cost of advancing funds or becoming
391	398		indebted to another person on behalf of the customer;
392	399		(3) the printed notice required by Subsection (b);
393	400		(4) the name, mailing address, and telephone number of
394	401		the commission;
395	402		(5) a statement that complaints may be directed to the
396	403		commission; and
397	404		(6) any other items that the commission may by rule
398	405		require.
399	406		SECTION 30. Section 651.460, Occupations Code, is amended
400	407		by amending Subsection (b) and adding Subsection (c) to read as
401	408		follows:
402	409		(b) A funeral establishment violates this chapter if:
403	410		(1) the funeral establishment fails to substantially
404	411		comply with Section 651.351;
405	412		(2) the funeral establishment or a person acting on
406	413		behalf of the funeral establishment violates Chapter 193 or 361,
407	414		Health and Safety Code; [or]
408	415		(3) the funeral establishment, a person acting on
409	416		behalf of the funeral establishment, or a person directly or
410	417		indirectly connected with the funeral establishment violates
411	418		Chapter 154, Finance Code, or a rule adopted under that chapter; or
412	419		(4) the funeral establishment or a person acting on
413	420		behalf of a funeral establishment allows or assists an unlicensed
414	421		person to engage in an activity for which a person is required to
415	422		hold a license under this chapter.
416	423		(c) A crematory violates this chapter if the crematory or a
417	424		person acting on behalf of the crematory allows or assists an
418	425		unlicensed person to engage in an activity for which a person is
419	426		required to hold a license under this chapter.
420	427		SECTION 31. Section 651.501(a), Occupations Code, is
421	428		amended to read as follows:
422	429		(a) After a hearing as provided by this subchapter, the
423	430		commission may issue a reprimand, assess an administrative penalty,
424	431		revoke, suspend, or probate the suspension of a license or
425	432		provisional license, order a license holder to pay a refund under
426	433		Section 651.603, or impose any combination of those penalties for a
427	434		violation of this chapter or a rule adopted under this chapter.
428	435		SECTION 32. Section 651.601, Occupations Code, is amended
429	436		by adding Subsection (a-2) to read as follows:
430	437		(a-2) The commission may bring an action for appropriate
431	438		injunctive relief against a person who is not licensed under this
432	439		chapter to enjoin a violation of this chapter or a rule adopted
433	440		under this chapter.
434	441		SECTION 33. Subchapter M, Chapter 651, Occupations Code, is
435	442		amended by adding Section 651.603 to read as follows:
436	443		Sec. 651.603. REFUND. (a) The commission may order a
437	444		license holder to pay a refund to a person harmed by the license
438	445		holder's violation of this chapter or failure to fulfill the terms
439	446		of a purchase agreement with the person.
440	447		(b) The amount of a refund ordered under this section may
441	448		not exceed the actual amount paid by the person to the license
442	449		holder.
443	450		SECTION 34. Section 651.657, Occupations Code, is amended
444	451		by adding Subsection (d) to read as follows:
445	452		(d) The application form for renewal of a license as a
446	453		crematory establishment must allow the applicant to provide a
447	454		written statement that the information previously provided to the
448	455		commission under Subsection (b) has not changed, if applicable.
449	456		SECTION 35. Section 651.658, Occupations Code, is amended
450	457		by amending Subsections (a) and (f) and adding Subsection (a-1) to
451	458		read as follows:
452	459		(a) A [To renew a crematory establishment license, the]
453	460		crematory establishment must annually[:
454	461		[(1)] file a report with the commission that lists the
455	462		number of cremations performed at the crematory during the previous
456	463		year.
457	464		(a-1) An applicant for renewal of a crematory establishment
458	465		license shall apply to the commission and[;
459	466		[(2)] pay the required [license renewal] fee[; and
460	467		[(3) provide the information required by Section
461	468		651.657 or a written statement that the information has not changed
462	469		since previously provided].
463	470		(f) The commission shall impose a [$100] late fee in an
464	471		amount provided by rule for each day a crematory establishment
465	472		fails to submit the annual report required by this section if an
466	473		extension has not been granted.
467	474		SECTION 36. The following provisions of the Occupations
468	475		Code are repealed:
469	476		(1) Sections 651.154(b) and (c);
470	477		(2) Section 651.1571;
471	478		(3) Section 651.203(b);
472	479		(4) Section 651.2595;
473	480		(5) Section 651.353;
474	481		(6) Section 651.355; and
475	482		(7) Section 651.4065(c).
476	483		SECTION 37. The change in law made by this Act to Section
477	484		651.051(a), Occupations Code, does not affect the entitlement of a
478	485		member serving on the Texas Funeral Service Commission immediately
479	486		before the effective date of this Act to continue to serve for the
480	487		remainder of the member's term. As the terms of commission members
481	488		expire, the governor shall appoint or reappoint members who have
482	489		the qualifications required for members under Section 651.051(a),
483	490		Occupations Code, as amended by this Act.
484	491		SECTION 38. (a) Except as provided by Subsection (b) of
485	492		this section, Section 651.0511, Occupations Code, as amended by
486	493		this Act, applies to a member of the Texas Funeral Service
487	494		Commission appointed before, on, or after the effective date of
488	495		this Act.
489	496		(b) A member of the Texas Funeral Service Commission who,
490	497		before the effective date of this Act, completed the training
491	498		program required by Section 651.0511, Occupations Code, as that law
492	499		existed before the effective date of this Act, is required to
493	500		complete additional training only on subjects added by this Act to
494	501		the training program as required by Section 651.0511, Occupations
495	502		Code, as amended by this Act. A member of the commission described
496	503		by this subsection may not vote, deliberate, or be counted as a
497	504		member in attendance at a meeting of the commission held on or after
498	505		December 1, 2019, until the member completes the additional
499	506		training.
500	507		SECTION 39. Section 651.259(e), Occupations Code, as
501	508		amended by this Act, applies only to an application for a license
502	509		submitted on or after the effective date of this Act. An
503	510		application for a license submitted before that date is governed by
504	511		the law in effect immediately before the effective date of this Act,
505	512		and the former law is continued in effect for that purpose.
506	513		SECTION 40. Section 651.351(g), Occupations Code, as
507	514		amended by this Act, applies only to an exemption requested by a
508	515		funeral establishment on or after the date the Texas Funeral
509	516		Service Commission adopts rules providing for the requirements for
510	517		an exemption under that subsection. A request made before that date
511	518		is governed by the law in effect immediately before the effective
512	519		date of this Act, and the former law is continued in effect for that
513	520		purpose.
514	521		SECTION 41. Sections 651.460(b) and 651.501(a),
515	522		Occupations Code, as amended by this Act, and Sections 651.460(c),
516	523		651.601(a-2), and 651.603, Occupations Code, as added by this Act,
517	524		apply only to conduct that occurs on or after the effective date of
518	525		this Act. Conduct that occurs before that date is governed by the
519	526		law in effect on the date the conduct occurred, and the former law
520	527		is continued in effect for that purpose.
521	528		SECTION 42. The changes made by this Act to Chapter 651,
522	529		Occupations Code, relating to fees under that chapter apply only to
523	530		a fee that becomes due on or after the effective date of this Act. A
524	531		fee that became due before that date is governed by the law in
525	532		effect on the date the fee became due, and the former law is
526	533		continued in effect for that purpose.
527	534		SECTION 43. (a) Except as provided by Subsection (b) of
528	535		this section, this Act takes effect September 1, 2019.
529	536		(b) Section 651.162, Occupations Code, as amended by this
530	537		Act, takes effect September 1, 2020.
531		-	______________________________ ______________________________
532		-	President of the Senate Speaker of the House
533		-	I certify that H.B. No. 1540 was passed by the House on April
534		-	17, 2019, by the following vote: Yeas 135, Nays 1, 2 present, not
535		-	voting.
536		-	______________________________
537		-	Chief Clerk of the House
538		-	I certify that H.B. No. 1540 was passed by the Senate on May
539		-	10, 2019, by the following vote: Yeas 31, Nays 0.
540		-	______________________________
541		-	Secretary of the Senate
542		-	APPROVED: _____________________
543		-	Date
544		-	_____________________
545		-	Governor
	538	+	* * * * *