Texas 2019 - 86th Regular

Texas Senate Bill SB620 Compare Versions

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

Old	New	Differences
1	1	86R5111 KKR-D
2	2	By: Hall, et al. S.B. No. 620
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the continuation and functions of the Texas Funeral
8	8	Service Commission.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 711.007(b), Health and Safety Code, is
11	11	amended to read as follows:
12	12	(b) The proceeding may be brought by:
13	13	(1) the attorney general;
14	14	(2) the Banking Commissioner of Texas;
15	15	(3) the governing body of a municipality with a
16	16	population of more than 25,000, if the cemetery is located in the
17	17	municipality or not farther than five miles from the municipality;
18	18	(4) the district attorney of the county, if the
19	19	cemetery is located in an area of the county not described by
20	20	Subdivision (3);
21	21	(5) the owner of a residence:
22	22	(A) in or near the municipality in which the
23	23	cemetery is located; or
24	24	(B) in the area proscribed for the location of a
25	25	cemetery by Section 711.008; or
26	26	(6) [the Texas Funeral Service Commission; or
27	27	[(7)] the owner of a plot in the cemetery.
28	28	SECTION 2. Section 711.012(b), Health and Safety Code, is
29	29	amended to read as follows:
30	30	(b) The Texas Funeral Service Commission may adopt rules,
31	31	establish procedures, and prescribe forms to enforce and administer
32	32	Sections 711.003 and [, 711.008,] 711.0105[, 711.021-711.034,
33	33	711.038, 711.0395, 711.041, 711.042, 711.052, 711.061, 711.063,
34	34	and 711.064 relating to cemeteries that are not perpetual care
35	35	cemeteries].
36	36	SECTION 3. Section 711.0515, Health and Safety Code, is
37	37	amended to read as follows:
38	38	Sec. 711.0515. ENFORCEMENT BY ATTORNEY GENERAL; INJUNCTIVE
39	39	RELIEF. In addition to bringing an action under Section 711.051,
40	40	the attorney general [at the request of the Texas Funeral Service
41	41	Commission] may bring an action for injunctive relief to enforce
42	42	this chapter or a rule or order adopted by the Texas Funeral Service
43	43	Commission [commission] under this chapter.
44	44	SECTION 4. Section 715.003, Health and Safety Code, is
45	45	amended to read as follows:
46	46	Sec. 715.003. PARTIES TO ACTION. An action commenced under
47	47	this chapter shall be brought by the incorporators of the nonprofit
48	48	corporation on behalf of the nonprofit corporation. The necessary
49	49	parties to the action on which citation shall be served under
50	50	Section 715.006 are:
51	51	(1) the record owners of the real property comprising
52	52	the historic cemetery;
53	53	(2) the owners of plots in the cemetery, who may be
54	54	designated as a class in the petition; and
55	55	(3) the Texas Historical Commission[; and
56	56	[(4) the Texas Funeral Service Commission].
57	57	SECTION 5. Section 715.006(a), Health and Safety Code, is
58	58	amended to read as follows:
59	59	(a) Before the 31st day after the date an action is
60	60	commenced by a nonprofit corporation under this chapter, the
61	61	nonprofit corporation shall cause citation to be issued and served
62	62	by certified mail, return receipt requested, on:
63	63	(1) the record owners of the real property comprising
64	64	the cemetery at their last known addresses;
65	65	(2) the owners of plots in the cemetery at their last
66	66	known addresses;
67	67	(3) the Texas Historical Commission at its office in
68	68	Austin, Texas; and
69	69	(4) [the Texas Funeral Service Commission; and
70	70	[(5)] the county auditor of the county in which the
71	71	cemetery is located.
72	72	SECTION 6. The heading to Subtitle L, Title 3, Occupations
73	73	Code, is amended to read as follows:
74	74	SUBTITLE L. [CEMETERY AND] CREMATORY SERVICES, FUNERAL DIRECTING,
75	75	AND EMBALMING
76	76	SECTION 7. The heading to Chapter 651, Occupations Code, is
77	77	amended to read as follows:
78	78	CHAPTER 651. [CEMETERY AND] CREMATORY SERVICES, FUNERAL DIRECTING,
79	79	AND EMBALMING
80	80	SECTION 8. Section 651.002, Occupations Code, is amended to
81	81	read as follows:
82	82	Sec. 651.002. APPLICATION OF SUNSET ACT. The Texas Funeral
83	83	Service Commission is subject to Chapter 325, Government Code
84	84	(Texas Sunset Act). Unless continued in existence as provided by
85	85	that chapter, the commission is abolished and this chapter expires
86	86	September 1, 2031 [2019].
87	87	SECTION 9. Section 651.004, Occupations Code, is amended to
88	88	read as follows:
89	89	Sec. 651.004. REGULATION OF [CEMETERY AND] CREMATORY
90	90	SERVICES. (a) The commission shall regulate [cemetery and]
91	91	crematory services as provided by this chapter and Chapter 716,
92	92	Health and Safety Code.
93	93	(b) The commission may not regulate cemetery or crematory
94	94	services that occur after burial or inurnment unless the services
95	95	relate to the care and treatment of the remains in an urn, casket,
96	96	or outer enclosure.
97	97	SECTION 10. Section 651.051(a), Occupations Code, is
98	98	amended to read as follows:
99	99	(a) The Texas Funeral Service Commission consists of seven
100	100	members appointed by the governor, with the advice and consent of
101	101	the senate as follows:
102	102	(1) two members who are licensed as both an embalmer
103	103	and a funeral director for at least the five years preceding
104	104	appointment to the commission;
105	105	(2) one member who is a crematory [registered
106	106	cemetery] owner or operator; and
107	107	(3) four members who represent the public and who:
108	108	(A) are not regulated under this chapter; and
109	109	(B) have consistently shown an interest in
110	110	supporting consumer protection.
111	111	SECTION 11. Section 651.0511, Occupations Code, is amended
112	112	by amending Subsection (b) and adding Subsection (d) to read as
113	113	follows:
114	114	(b) The training program must provide the person with
115	115	information regarding:
116	116	(1) the law governing commission operations [this
117	117	chapter];
118	118	(2) the programs, functions, rules, and budget of
119	119	[operated by] the commission;
120	120	(3) the scope of and limitations on the rulemaking
121	121	authority [the role and functions] of the commission;
122	122	(4) [the rules of the commission, with an emphasis on
123	123	the rules that relate to disciplinary and investigatory authority;
124	124	[(5) the current budget for the commission;
125	125	[(6)] the results of the most recent formal audit of
126	126	the commission;
127	127	(5) [(7)] the requirements of:
128	128	(A) laws relating to [the] open meetings [law],
129	129	[Chapter 551, Government Code;
130	130	[(B) the] public information [law], [Chapter
131	131	552, Government Code;
132	132	[(C) the] administrative procedure [law], and
133	133	disclosing conflicts of interest [Chapter 2001, Government Code];
134	134	and
135	135	(B) [(D)] other laws applicable to members of a
136	136	state policymaking body in performing their duties [relating to
137	137	public officials, including conflict-of-interest laws]; and
138	138	(6) [(8)] any applicable ethics policies adopted by
139	139	the commission or the Texas Ethics Commission.
140	140	(d) The executive director of the commission shall create a
141	141	training manual that includes the information required by
142	142	Subsection (b). The executive director shall distribute a copy of
143	143	the training manual annually to each member of the commission. On
144	144	receipt of the training manual, each member of the commission shall
145	145	sign and submit to the executive director a statement acknowledging
146	146	receipt of the training manual.
147	147	SECTION 12. Section 651.151, Occupations Code, is amended
148	148	by adding Subsection (d) to read as follows:
149	149	(d) The commission may appoint advisory committees to
150	150	perform the advisory functions assigned to the committees by the
151	151	commission. An advisory committee appointed under this subsection
152	152	is subject to Chapter 2110, Government Code.
153	153	SECTION 13. Section 651.1525(a), Occupations Code, is
154	154	amended to read as follows:
155	155	(a) Before publishing a proposed rule for public comment,
156	156	the commission shall seek advice and opinions from persons who will
157	157	be most affected by the rule. At a minimum, those persons must
158	158	include consumer groups and trade associations that represent
159	159	persons from each group regulated by the commission, including
160	160	funeral directors and [cemetery and] crematory operators.
161	161	SECTION 14. Section 651.154(a), Occupations Code, is
162	162	amended to read as follows:
163	163	(a) The commission by rule shall establish [set the
164	164	following] fees in amounts reasonable and necessary to cover the
165	165	costs of administering [administer] this chapter[:
166	166	[(1) the funeral director's and embalmer's application
167	167	fee, license fee, duplicate license fee, and reciprocal license
168	168	fee; and
169	169	[(2) the cemetery, crematory, or funeral
170	170	establishment license fee, renewal fee, and late renewal penalty].
171	171	SECTION 15. The heading to Section 651.157, Occupations
172	172	Code, is amended to read as follows:
173	173	Sec. 651.157. INSPECTION OF [CEMETERY,] CREMATORY[,] OR
174	174	FUNERAL ESTABLISHMENT.
175	175	SECTION 16. Sections 651.157(a), (b), (d), and (f),
176	176	Occupations Code, are amended to read as follows:
177	177	(a) Except as provided by Subsection (b), a licensed
178	178	[cemetery,] crematory[,] or funeral establishment shall be
179	179	inspected at least once every three [two] years by an agent of the
180	180	commission or by an agent of the state or a political subdivision
181	181	authorized by the commission to make inspections on its behalf.
182	182	(b) If the commission finds a violation of this chapter or
183	183	of Chapter 193, 361, 711, 714, 715, or 716, Health and Safety Code,
184	184	the commission shall inspect the [cemetery,] crematory[,] or
185	185	funeral establishment annually until the commission determines
186	186	that the establishment is free of violations.
187	187	(d) The commission by rule shall establish:
188	188	(1) procedures for the inspection of a [cemetery,]
189	189	crematory[,] or funeral establishment required by this section; and
190	190	(2) criteria, including consideration of the
191	191	establishment's inspection and complaint history, regarding when
192	192	the commission should inspect an establishment based on the risk of
193	193	a violation at an establishment.
194	194	(f) Before a commission agent inspects a [cemetery,]
195	195	crematory[,] or funeral establishment, the agent shall review the
196	196	inspection reports filed with the commission on the establishment.
197	197	During the inspection, the agent shall determine whether previously
198	198	identified problems have been corrected and whether a pattern of
199	199	violations exists. The commission shall consider the information
200	200	from the inspection reports in determining whether a penalty should
201	201	be imposed against an establishment.
202	202	SECTION 17. Section 651.162, Occupations Code, is amended
203	203	to read as follows:
204	204	Sec. 651.162. ANNUAL [BIENNIAL] REPORT. (a) The
205	205	commission shall prepare [file biennially with the governor] a
206	206	written annual report describing [description of] the activities of
207	207	the commission during the [two] preceding fiscal year [years]. The
208	208	report must include information regarding:
209	209	(1) licensing, inspection, and enforcement
210	210	activities;
211	211	(2) changes to commission policies; and
212	212	(3) complaint information.
213	213	(b) The commission shall post the report on the commission's
214	214	Internet website.
215	215	SECTION 18. Section 651.164, Occupations Code, is amended
216	216	to read as follows:
217	217	Sec. 651.164. LICENSE EXPIRATION; TERM. (a) A license
218	218	issued under this chapter, other than a provisional license, is
219	219	valid for a term of one or two years as provided by commission rule.
220	220	(b) The commission by rule may adopt a system under which
221	221	licenses expire on various dates during the year. For the year in
222	222	which the license expiration date is changed, the commission shall
223	223	prorate license fees on a monthly basis so that each license holder
224	224	pays only that portion of the license fee that is allocable to the
225	225	number of months during which the license is valid. On renewal of
226	226	the license on the new expiration date, the total license renewal
227	227	fee is payable.
228	228	SECTION 19. Subchapter E, Chapter 651, Occupations Code, is
229	229	amended by adding Section 651.2035 to read as follows:
230	230	Sec. 651.2035. CONFIDENTIALITY OF COMPLAINT INFORMATION.
231	231	(a) Except as provided by Subsection (b), a complaint and
232	232	investigation and all information and materials compiled by the
233	233	commission in connection with the complaint and investigation are
234	234	not subject to:
235	235	(1) disclosure under Chapter 552, Government Code; or
236	236	(2) disclosure, discovery, subpoena, or other means of
237	237	legal compulsion for release of information to any person.
238	238	(b) A complaint or investigation subject to Subsection (a)
239	239	and all information and materials compiled by the commission in
240	240	connection with the complaint may be disclosed to:
241	241	(1) the commission and commission employees or agents
242	242	involved in license holder discipline;
243	243	(2) a party to a disciplinary action against the
244	244	license holder or that party's designated representative;
245	245	(3) a law enforcement agency; or
246	246	(4) a governmental agency, if the disclosure is
247	247	required or permitted by law.
248	248	(c) Notwithstanding Subsection (a), on the dismissal or
249	249	final resolution of a complaint or investigation, a final order of
250	250	the commission is subject to disclosure under Chapter 552,
251	251	Government Code.
252	252	SECTION 20. Section 651.259(e), Occupations Code, is
253	253	amended to read as follows:
254	254	(e) The commission shall conduct a criminal background
255	255	check on each applicant. An applicant is not eligible for a license
256	256	under this section if the applicant has, in the 10 years preceding
257	257	the date of the application, been finally convicted of a
258	258	[misdemeanor involving moral turpitude or a] felony.
259	259	SECTION 21. Section 651.2595(e), Occupations Code, is
260	260	amended to read as follows:
261	261	(e) The commission may establish a fee for the issuance of a
262	262	provisional license [licenses] in an amount provided by rule
263	263	[reasonable and necessary to cover the cost of issuing the
264	264	license].
265	265	SECTION 22. Sections 651.260(a) and (b), Occupations Code,
266	266	are amended to read as follows:
267	267	(a) A [If a license issued under this chapter is lost or
268	268	destroyed, the] license holder may apply to the commission for a
269	269	duplicate license:
270	270	(1) if a license issued under this chapter is lost or
271	271	destroyed; or
272	272	(2) as needed to comply with Section 651.261.
273	273	(b) The license holder must submit the application on a form
274	274	prescribed by the commission and must submit with the application
275	275	an affidavit verifying:
276	276	(1) for an applicant under Subsection (a)(1), the loss
277	277	or destruction of the license;
278	278	(2) that the license holder is the person to whom the
279	279	license was issued; and
280	280	(3) for an applicant under Subsection (a)(1), any
281	281	other information concerning the loss or destruction of the license
282	282	the commission requires.
283	283	SECTION 23. The heading to Subchapter H, Chapter 651,
284	284	Occupations Code, is amended to read as follows:
285	285	SUBCHAPTER H. LICENSE REQUIREMENTS: [CEMETERY,] FUNERAL[,] AND
286	286	COMMERCIAL EMBALMER ESTABLISHMENTS
287	287	SECTION 24. Section 651.351(g), Occupations Code, is
288	288	amended to read as follows:
289	289	(g) The commission may exempt a funeral establishment from
290	290	the requirements of Subsection (d)(5) if the establishment meets
291	291	the requirements for the exemption provided by commission rule[:
292	292	[(1) the majority owner or designated agent of record
293	293	of a funeral establishment submits a written petition to the
294	294	commission requesting an exemption and stating:
295	295	[(A) the establishment's name and address;
296	296	[(B) that the establishment is located within 50
297	297	miles of a facility owned by the establishment requesting the
298	298	exemption and at which embalming services may be performed; and
299	299	[(C) that no embalming services will be performed
300	300	at the establishment; and
301	301	[(2) the commission determines that the criteria in
302	302	Subdivision (1) have been met].
303	303	SECTION 25. Section 651.354, Occupations Code, is amended
304	304	to read as follows:
305	305	Sec. 651.354. RENEWAL OF [CEMETERY OR] FUNERAL
306	306	ESTABLISHMENT LICENSE. (a) The commission shall mail written
307	307	notice to a [cemetery or] funeral establishment of the impending
308	308	expiration of the establishment's license not later than the 30th
309	309	day before the expiration date of the license. The notice must
310	310	state that:
311	311	(1) to renew the license, the [cemetery or] funeral
312	312	establishment must pay the renewal fee in an amount provided by rule
313	313	not later than the license expiration date; and
314	314	(2) the license is automatically renewed on receipt of
315	315	the renewal fee.
316	316	(b) A [cemetery or] funeral establishment that fails to pay
317	317	the license renewal fee by the due date is subject to a late payment
318	318	penalty equal to the amount charged for the license renewal fee.
319	319	(c) If the license is expired for longer than 30 days, the
320	320	[cemetery or] funeral establishment may not operate as a [cemetery
321	321	or] funeral establishment until the renewal fee and the late
322	322	payment penalty are paid.
323	323	[(d) This section does not apply to a perpetual care
324	324	cemetery.]
325	325	SECTION 26. Section 651.401, Occupations Code, is amended
326	326	by amending Subsections (a), (b), and (d) and adding Subsection (e)
327	327	to read as follows:
328	328	(a) A funeral director or embalmer must direct and
329	329	personally supervise the removal or transfer [pickup] of a dead
330	330	human body on first call.
331	331	(b) A dead human body may be transferred without a funeral
332	332	director personally supervising [making] the transfer:
333	333	(1) from one funeral establishment to another;
334	334	(2) from a funeral establishment to and from a morgue
335	335	in which an autopsy is performed;
336	336	(3) to and from an airport, crematory, or both; or
337	337	(4) in circumstances in which there is no reasonable
338	338	probability that an unlicensed person will encounter a family
339	339	member or other person with whom funeral arrangements are normally
340	340	made by a funeral director or embalmer.
341	341	(d) A funeral director or embalmer who directs the removal
342	342	or transfer of a dead human body without personally supervising the
343	343	transfer is strictly accountable for compliance with the
344	344	requirements of [first call as provided by] this section.
345	345	(e) The removal or transfer of a dead human body that does
346	346	not occur on first call is exempt from the supervision requirements
347	347	of this section.
348	348	SECTION 27. The heading to Section 651.4055, Occupations
349	349	Code, is amended to read as follows:
350	350	Sec. 651.4055. RETAIL PRICE LIST; [CEMETERY OR] CREMATORY.
351	351	SECTION 28. Sections 651.4055(a) and (b), Occupations Code,
352	352	are amended to read as follows:
353	353	(a) In this section, "retail price list" means a printed or
354	354	typewritten list of the retail price of items or services provided
355	355	by a [cemetery or] crematory.
356	356	(b) A retail price list must contain:
357	357	(1) the name, address, and telephone number of the
358	358	[cemetery or] crematory;
359	359	(2) the effective date for the stated prices;
360	360	(3) notice required by Subsection (c); and
361	361	(4) any other items that the commission may by rule
362	362	require.
363	363	SECTION 29. The heading to Section 651.4065, Occupations
364	364	Code, is amended to read as follows:
365	365	Sec. 651.4065. PURCHASE AGREEMENT; [CEMETERY OR]
366	366	CREMATORY.
367	367	SECTION 30. Section 651.4065(a), Occupations Code, is
368	368	amended to read as follows:
369	369	(a) A purchase agreement must state:
370	370	(1) the name, address, and telephone number of the
371	371	[cemetery or] crematory;
372	372	(2) the amount paid or owed to another person by the
373	373	[cemetery or] crematory on behalf of the customer and each fee
374	374	charged the customer for the cost of advancing funds or becoming
375	375	indebted to another person on behalf of the customer;
376	376	(3) the printed notice required by Subsection (b);
377	377	(4) the name, mailing address, and telephone number of
378	378	the commission;
379	379	(5) a statement that complaints may be directed to the
380	380	commission; and
381	381	(6) any other items that the commission may by rule
382	382	require.
383	383	SECTION 31. Section 651.455, Occupations Code, is amended
384	384	to read as follows:
385	385	Sec. 651.455. FALSE OR MISLEADING STATEMENTS REGARDING
386	386	FUNERAL MERCHANDISE OR FUNERAL[, CEMETERY,] OR CREMATORY SERVICES.
387	387	[(a)] A person violates this chapter if the person uses a statement
388	388	that misleads or deceives the public, including a fraudulent
389	389	statement or any other type of a false or misleading statement
390	390	regarding:
391	391	(1) a legal, religious, or cemetery requirement for
392	392	funeral merchandise or funeral[, cemetery,] or crematory services;
393	393	(2) the preservative qualities of funeral merchandise
394	394	or funeral[, cemetery,] or crematory services in preventing or
395	395	substantially delaying natural decomposition of human remains;
396	396	(3) the airtight or watertight properties of a casket
397	397	or outer enclosure;
398	398	(4) the licenses held by the personnel in the
399	399	operation of the [cemetery,] crematory[,] or funeral
400	400	establishment; or
401	401	(5) an activity regulated under this chapter,
402	402	including the sale of funeral-related goods or services.
403	403	SECTION 32. Section 651.460, Occupations Code, is amended
404	404	by amending Subsection (b) and adding Subsection (c) to read as
405	405	follows:
406	406	(b) A funeral establishment violates this chapter if:
407	407	(1) the funeral establishment fails to substantially
408	408	comply with Section 651.351;
409	409	(2) the funeral establishment or a person acting on
410	410	behalf of the funeral establishment violates Chapter 193 or 361,
411	411	Health and Safety Code; [or]
412	412	(3) the funeral establishment, a person acting on
413	413	behalf of the funeral establishment, or a person directly or
414	414	indirectly connected with the funeral establishment violates
415	415	Chapter 154, Finance Code, or a rule adopted under that chapter; or
416	416	(4) the funeral establishment or a person acting on
417	417	behalf of a funeral establishment allows or assists an unlicensed
418	418	person to engage in an activity for which a person is required to
419	419	hold a license under this chapter.
420	420	(c) A crematory violates this chapter if the crematory or a
421	421	person acting on behalf of the crematory allows or assists an
422	422	unlicensed person to engage in an activity for which a person is
423	423	required to hold a license under this chapter.
424	424	SECTION 33. Section 651.501(a), Occupations Code, is
425	425	amended to read as follows:
426	426	(a) After a hearing as provided by this subchapter, the
427	427	commission may issue a reprimand, assess an administrative penalty,
428	428	revoke, suspend, or probate the suspension of a license or
429	429	provisional license, order a license holder to pay a refund under
430	430	Section 651.603, or impose any combination of those penalties for a
431	431	violation of this chapter or a rule adopted under this chapter.
432	432	SECTION 34. Section 651.601, Occupations Code, is amended
433	433	by adding Subsection (a-2) to read as follows:
434	434	(a-2) The commission may bring an action for appropriate
435	435	injunctive relief against a person who is not licensed under this
436	436	chapter to enjoin a violation of this chapter or a rule adopted
437	437	under this chapter.
438	438	SECTION 35. Subchapter M, Chapter 651, Occupations Code, is
439	439	amended by adding Section 651.603 to read as follows:
440	440	Sec. 651.603. REFUND. (a) The commission may order a
441	441	license holder to pay a refund to a person harmed by the license
442	442	holder's violation of this chapter or failure to fulfill the terms
443	443	of a purchase agreement with the person.
444	444	(b) The amount of a refund ordered under this section may
445	445	not exceed the actual amount paid by the person to the license
446	446	holder.
447	447	SECTION 36. Section 651.657, Occupations Code, is amended
448	448	by adding Subsection (d) to read as follows:
449	449	(d) The application form for renewal of a license as a
450	450	crematory establishment must allow the applicant to provide a
451	451	written statement that the information previously provided to the
452	452	commission under Subsection (b) has not changed, if applicable.
453	453	SECTION 37. Section 651.658, Occupations Code, is amended
454	454	by amending Subsections (a) and (f) and adding Subsection (a-1) to
455	455	read as follows:
456	456	(a) A [To renew a crematory establishment license, the]
457	457	crematory establishment must annually[:
458	458	[(1)] file a report with the commission that lists the
459	459	number of cremations performed at the crematory during the previous
460	460	year.
461	461	(a-1) An applicant for renewal of a crematory establishment
462	462	license shall apply to the commission and[;
463	463	[(2)] pay the required [license renewal] fee[; and
464	464	[(3) provide the information required by Section
465	465	651.657 or a written statement that the information has not changed
466	466	since previously provided].
467	467	(f) The commission shall impose a [$100] late fee in an
468	468	amount provided by rule for each day a crematory establishment
469	469	fails to submit the annual report required by this section if an
470	470	extension has not been granted.
471	471	SECTION 38. The following provisions of the Occupations
472	472	Code are repealed:
473	473	(1) Sections 651.154(b) and (c);
474	474	(2) Section 651.1571;
475	475	(3) Section 651.203(b);
476	476	(4) Section 651.353;
477	477	(5) Section 651.355; and
478	478	(6) Section 651.4065(c).
479	479	SECTION 39. The change in law made by this Act to Section
480	480	651.051(a), Occupations Code, does not affect the entitlement of a
481	481	member serving on the Texas Funeral Service Commission immediately
482	482	before the effective date of this Act to continue to serve for the
483	483	remainder of the member's term. As the terms of commission members
484	484	expire, the governor shall appoint or reappoint members who have
485	485	the qualifications required for members under Section 651.051(a),
486	486	Occupations Code, as amended by this Act.
487	487	SECTION 40. (a) Except as provided by Subsection (b) of
488	488	this section, Section 651.0511, Occupations Code, as amended by
489	489	this Act, applies to a member of the Texas Funeral Service
490	490	Commission appointed before, on, or after the effective date of
491	491	this Act.
492	492	(b) A member of the Texas Funeral Service Commission who,
493	493	before the effective date of this Act, completed the training
494	494	program required by Section 651.0511, Occupations Code, as that law
495	495	existed before the effective date of this Act, is required to
496	496	complete additional training only on subjects added by this Act to
497	497	the training program as required by Section 651.0511, Occupations
498	498	Code, as amended by this Act. A member of the commission described
499	499	by this subsection may not vote, deliberate, or be counted as a
500	500	member in attendance at a meeting of the commission held on or after
501	501	December 1, 2019, until the member completes the additional
502	502	training.
503	503	SECTION 41. Section 651.259(e), Occupations Code, as
504	504	amended by this Act, applies only to an application for a license
505	505	submitted on or after the effective date of this Act. An
506	506	application for a license submitted before that date is governed by
507	507	the law in effect immediately before the effective date of this Act,
508	508	and the former law is continued in effect for that purpose.
509	509	SECTION 42. Section 651.351(g), Occupations Code, as
510	510	amended by this Act, applies only to an exemption requested by a
511	511	funeral establishment on or after the date the Texas Funeral
512	512	Service Commission adopts rules providing for the requirements for
513	513	an exemption under that subsection. A request made before that date
514	514	is governed by the law in effect immediately before the effective
515	515	date of this Act, and the former law is continued in effect for that
516	516	purpose.
517	517	SECTION 43. Sections 651.460(b) and 651.501(a),
518	518	Occupations Code, as amended by this Act, and Sections 651.460(c),
519	519	651.601(a-2), and 651.603, Occupations Code, as added by this Act,
520	520	apply only to conduct that occurs on or after the effective date of
521	521	this Act. Conduct that occurs before that date is governed by the
522	522	law in effect on the date the conduct occurred, and the former law
523	523	is continued in effect for that purpose.
524	524	SECTION 44. The changes made by this Act to Chapter 651,
525	525	Occupations Code, relating to fees under that chapter apply only to
526	526	a fee that becomes due on or after the effective date of this Act. A
527	527	fee that became due before that date is governed by the law in
528	528	effect on the date the fee became due, and the former law is
529	529	continued in effect for that purpose.
530	530	SECTION 45. (a) Except as provided by Subsection (b) of
531	531	this section, this Act takes effect September 1, 2019.
532	532	(b) Section 651.162, Occupations Code, as amended by this
533	533	Act, takes effect September 1, 2020.