Texas 2021 - 87th Regular

Texas House Bill HB3729 Compare Versions

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

Old	New	Differences
1	1	By: Middleton H.B. No. 3729
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the regulation of funeral service practitioners.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Chapter 150, Civil Practice and Remedies Code,
9	9	is amended by adding Section 150.005 to read as follows:
10	10	Sec. 150.005. LIABILITY FOR FUNERAL-RELATED SERVICES
11	11	RENDERED DURING EMERGENCY OR DISASTER. (a) This section applies
12	12	only to a person who holds a license issued under Chapter 651,
13	13	Occupations Code, and provides services that are:
14	14	(1) within the scope of the person's license; and
15	15	(2) in response to and provided during the duration of
16	16	a declared state of disaster under Section 418.014, Government
17	17	Code, or a proclaimed state of emergency under Section 433.001,
18	18	Government Code.
19	19	(b) A licensed practitioner who provides the services to
20	20	which this section applies is not liable for civil damages,
21	21	including personal injury, wrongful death, property damage, or
22	22	other loss related to the practitioner's act, error, or omission in
23	23	the performance of the services, unless the act, error, or omission
24	24	constitutes:
25	25	(1) gross negligence; or
26	26	(2) wanton, wilful, or intentional misconduct.
27	27	SECTION 2. Section 651.259, Occupations Code, is amended by
28	28	adding Subsection (h) to read as follows:
29	29	(h) This subsection applies only during a state of disaster
30	30	declared by the governor under Section 418.014, Government Code,
31	31	and on the commission's determination that the nature of the
32	32	disaster creates a substantial increase in the need for services
33	33	provided by a person licensed under this chapter. The commission
34	34	shall, as soon as practicable after an applicant who holds a license
35	35	issued by another state, country, or territory having license
36	36	requirements substantially equivalent to the requirements of this
37	37	state files an application for a license:
38	38	(1) process the application; and
39	39	(2) issue the license to an applicant who qualifies
40	40	for the license under this section.
41	41	SECTION 3. The heading to Section 651.403, Occupations
42	42	Code, is amended to read as follows:
43	43	Sec. 651.403. DESIGNATION OF FUNERAL DIRECTOR IN CHARGE OF
44	44	FUNERAL ESTABLISHMENT; EFFECT OF VIOLATION.
45	45	SECTION 4. Subchapter I, Chapter 651, Occupations Code, is
46	46	amended by adding Section 651.4035 to read as follows:
47	47	Sec. 651.4035. DESIGNATION OF FUNERAL DIRECTOR IN CHARGE OF
48	48	CREMATORY ESTABLISHMENT; EFFECT OF VIOLATION. (a) A crematory
49	49	establishment shall:
50	50	(1) designate to the commission a funeral director in
51	51	charge; and
52	52	(2) promptly notify the commission of any change in
53	53	that designation.
54	54	(b) The funeral director in charge is directly responsible
55	55	for the business of the crematory establishment.
56	56	(c) The funeral director in charge is ultimately
57	57	responsible for compliance with the mortuary laws. The funeral
58	58	director in charge may be charged with a violation of this chapter
59	59	if a violation occurs in the crematory establishment.
60	60	SECTION 5. Section 651.405, Occupations Code, is amended by
61	61	adding Subsection (c) to read as follows:
62	62	(c) A funeral establishment that has a publicly available
63	63	Internet website must post in a conspicuous location on the website
64	64	the establishment's retail price list.
65	65	SECTION 6. Section 651.408, Occupations Code, is amended to
66	66	read as follows:
67	67	Sec. 651.408. CERTAIN LIABILITY OF FUNERAL DIRECTORS [USE
68	68	OF CEMETERY AND CREMATORY SERVICES]. The fact that a funeral
69	69	director contracts for cemetery, embalming, or crematory services,
70	70	including as part of a package arrangement, does not limit the
71	71	director's liability to the customer for those services.
72	72	SECTION 7. Subchapter I, Chapter 651, Occupations Code, is
73	73	amended by adding Sections 651.411, 651.412, and 651.413 to read as
74	74	follows:
75	75	Sec. 651.411. REFRIGERATION REQUIRED. Each funeral
76	76	establishment shall:
77	77	(1) maintain refrigeration capacity on the premises of
78	78	the establishment for at least three human remains; and
79	79	(2) maintain additional refrigeration capacity at
80	80	another location as required by commission rule.
81	81	Sec. 651.412. REQUIRED POSTING OF LICENSE INFORMATION. An
82	82	establishment licensed under this chapter shall include the name
83	83	and license number of the establishment on all documents made
84	84	publicly available, including an Internet website, contract for
85	85	services, and social media web page.
86	86	Sec. 651.413. CREMATORY ESTABLISHMENT HOURS OF OPERATION.
87	87	To the extent permitted by federal law, a crematory is not subject
88	88	to a limitation on the crematory's hours of operation imposed by the
89	89	Texas Commission on Environmental Quality or another entity.
90	90	SECTION 8. A crematory establishment is required to comply
91	91	with Section 651.4035, Occupations Code, as added by this Act, not
92	92	later than September 1, 2022.
93	93	SECTION 9. An establishment to which Section 651.411 or
94	94	651.412 Occupations Code, as added by this Act, applies is required
95	95	to comply with the applicable section not later than September 1,
96	96	2022.
97	97	SECTION 10. As soon as practicable after the effective date
98	98	of this Act, the Texas Funeral Service Commission shall adopt the
99	99	rules necessary to implement Chapter 651, Occupations Code, as
100	100	amended by this Act.
101	101	SECTION 11. This Act takes effect September 1, 2021.