By: Middleton H.B. No. 3729
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of funeral service practitioners.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 150, Civil Practice and Remedies Code,
is amended by adding Section 150.005 to read as follows:
Sec. 150.005. LIABILITY FOR FUNERAL-RELATED SERVICES
RENDERED DURING EMERGENCY OR DISASTER. (a) This section applies
only to a person who holds a license issued under Chapter 651,
Occupations Code, and provides services that are:
(1) within the scope of the person's license; and
(2) in response to and provided during the duration of
a declared state of disaster under Section 418.014, Government
Code, or a proclaimed state of emergency under Section 433.001,
Government Code.
(b) A licensed practitioner who provides the services to
which this section applies is not liable for civil damages,
including personal injury, wrongful death, property damage, or
other loss related to the practitioner's act, error, or omission in
the performance of the services, unless the act, error, or omission
constitutes:
(1) gross negligence; or
(2) wanton, wilful, or intentional misconduct.
SECTION 2. Section 651.259, Occupations Code, is amended by
adding Subsection (h) to read as follows:
(h) This subsection applies only during a state of disaster
declared by the governor under Section 418.014, Government Code,
and on the commission's determination that the nature of the
disaster creates a substantial increase in the need for services
provided by a person licensed under this chapter. The commission
shall, as soon as practicable after an applicant who holds a license
issued by another state, country, or territory having license
requirements substantially equivalent to the requirements of this
state files an application for a license:
(1) process the application; and
(2) issue the license to an applicant who qualifies
for the license under this section.
SECTION 3. The heading to Section 651.403, Occupations
Code, is amended to read as follows:
Sec. 651.403. DESIGNATION OF FUNERAL DIRECTOR IN CHARGE OF
FUNERAL ESTABLISHMENT; EFFECT OF VIOLATION.
SECTION 4. Subchapter I, Chapter 651, Occupations Code, is
amended by adding Section 651.4035 to read as follows:
Sec. 651.4035. DESIGNATION OF FUNERAL DIRECTOR IN CHARGE OF
CREMATORY ESTABLISHMENT; EFFECT OF VIOLATION. (a) A crematory
establishment shall:
(1) designate to the commission a funeral director in
charge; and
(2) promptly notify the commission of any change in
that designation.
(b) The funeral director in charge is directly responsible
for the business of the crematory establishment.
(c) The funeral director in charge is ultimately
responsible for compliance with the mortuary laws. The funeral
director in charge may be charged with a violation of this chapter
if a violation occurs in the crematory establishment.
SECTION 5. Section 651.405, Occupations Code, is amended by
adding Subsection (c) to read as follows:
(c) A funeral establishment that has a publicly available
Internet website must post in a conspicuous location on the website
the establishment's retail price list.
SECTION 6. Section 651.408, Occupations Code, is amended to
read as follows:
Sec. 651.408. CERTAIN LIABILITY OF FUNERAL DIRECTORS [USE
OF CEMETERY AND CREMATORY SERVICES]. The fact that a funeral
director contracts for cemetery, embalming, or crematory services,
including as part of a package arrangement, does not limit the
director's liability to the customer for those services.
SECTION 7. Subchapter I, Chapter 651, Occupations Code, is
amended by adding Sections 651.411, 651.412, and 651.413 to read as
follows:
Sec. 651.411. REFRIGERATION REQUIRED. Each funeral
establishment shall:
(1) maintain refrigeration capacity on the premises of
the establishment for at least three human remains; and
(2) maintain additional refrigeration capacity at
another location as required by commission rule.
Sec. 651.412. REQUIRED POSTING OF LICENSE INFORMATION. An
establishment licensed under this chapter shall include the name
and license number of the establishment on all documents made
publicly available, including an Internet website, contract for
services, and social media web page.
Sec. 651.413. CREMATORY ESTABLISHMENT HOURS OF OPERATION.
To the extent permitted by federal law, a crematory is not subject
to a limitation on the crematory's hours of operation imposed by the
Texas Commission on Environmental Quality or another entity.
SECTION 8. A crematory establishment is required to comply
with Section 651.4035, Occupations Code, as added by this Act, not
later than September 1, 2022.
SECTION 9. An establishment to which Section 651.411 or
651.412 Occupations Code, as added by this Act, applies is required
to comply with the applicable section not later than September 1,
2022.
SECTION 10. As soon as practicable after the effective date
of this Act, the Texas Funeral Service Commission shall adopt the
rules necessary to implement Chapter 651, Occupations Code, as
amended by this Act.
SECTION 11. This Act takes effect September 1, 2021.