Texas 2021 - 87th Regular

Texas House Bill HB4217 Compare Versions

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

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1	1	87R11583 ANG-F
2	2	By: Raymond H.B. No. 4217
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 CREMATORY SERVICES.
46	46	(a) The commission shall regulate crematory services as provided
47	47	by this chapter and Chapter 716, Health and Safety Code.
48	48	(b) The commission may not regulate crematory services that
49	49	occur after burial or inurnment unless the services relate to the
50	50	care and treatment of the remains in an urn, casket, or outer
51	51	enclosure.
52	52	SECTION 6. Section 651.203, Occupations Code, is amended to
53	53	read as follows:
54	54	Sec. 651.203. RECORD OF COMPLAINTS. [(a)] The commission
55	55	shall maintain a record [file] on each written complaint filed with
56	56	the commission. The record [file] must include:
57	57	(1) the subject matter of the complaint;
58	58	(2) the date the complaint is received by the
59	59	commission;
60	60	(3) the name of the person who filed the complaint;
61	61	(4) the name of each person contacted in relation to
62	62	the complaint;
63	63	(5) a summary of the results of the review or
64	64	investigation of the complaint; and
65	65	(6) an explanation of the reason the complaint [file]
66	66	was closed, if the commission closed the complaint [file] without
67	67	taking action other than to investigate the complaint.
68	68	SECTION 7. Section 651.252, Occupations Code, is amended to
69	69	read as follows:
70	70	Sec. 651.252. LICENSE APPLICATION. (a) The commission may
71	71	adopt license application requirements [An applicant] for a funeral
72	72	director's license or an embalmer's license [must submit a written
73	73	license application to the commission and pay the application fee].
74	74	(b) The commission may provide that a person applies for a
75	75	funeral director's license or an embalmer's license by completing a
76	76	provisional license program under Subchapter G [require an
77	77	applicant to appear before at least one member of the commission for
78	78	approval of the person's application. The approval is subject to
79	79	review by the entire commission.
80	80	[(c) The commission shall keep a permanent, alphabetical
81	81	record of each license application and the action taken on the
82	82	application. The record must indicate the current status of each
83	83	application and license issued].
84	84	SECTION 8. Section 651.164, Occupations Code, is
85	85	transferred to Subchapter F, Chapter 651, Occupations Code,
86	86	redesignated as Section 651.2525, Occupations Code, and amended to
87	87	read as follows:
88	88	Sec. 651.2525 [651.164]. LICENSE EXPIRATION; TERM. (a) A
89	89	license issued under this subchapter [chapter, other than a
90	90	provisional license,] is valid for a term of [one or] two years [as
91	91	provided by commission rule].
92	92	(b) The commission by rule shall adopt a system under which
93	93	licenses expire on various dates during the year. For a license that
94	94	is issued for less than a full term, the commission shall prorate
95	95	license fees on a monthly basis so that the license holder pays only
96	96	that portion of the license fee that is allocable to the number of
97	97	months during which the license is valid. On renewal of the license
98	98	on the new expiration date, the total license renewal fee is
99	99	payable.
100	100	SECTION 9. Section 651.253, Occupations Code, is amended to
101	101	read as follows:
102	102	Sec. 651.253. GENERAL LICENSE REQUIREMENTS. (a) To be
103	103	eligible for a funeral director's license or an embalmer's license,
104	104	an applicant must:
105	105	(1) be at least 18 years of age;
106	106	(2) have graduated from an accredited high school or
107	107	passed an examination prescribed by the Texas Education Agency;
108	108	(3) have graduated from an accredited school or
109	109	college of mortuary science;
110	110	(4) unless the applicant holds a reciprocal license,
111	111	have completed the requirements of the provisional license program;
112	112	and
113	113	(5) have successfully completed the [applicable]
114	114	written examinations [examination] described by Section 651.254
115	115	and by Section 651.255 or 651.256, as applicable.
116	116	(b) Unless the applicant is seeking a reciprocal license, an
117	117	[An] applicant for a funeral director's license or an embalmer's
118	118	license may not be considered for that license until the
119	119	applicant[:
120	120	[(1)] completes all of the requirements of the
121	121	provisional license program[; and
122	122	[(2) attains a grade of at least 75 percent on the
123	123	written examination given by the commission].
124	124	(c) Notwithstanding Subsection (a)(3), the commission may
125	125	adopt rules to allow an applicant who graduated from a school or
126	126	college of mortuary science that is no longer accredited to become
127	127	licensed as a funeral director or embalmer.
128	128	SECTION 10. Section 651.254, Occupations Code, is amended
129	129	to read as follows:
130	130	Sec. 651.254. MORTUARY LAW EXAMINATION. The commission
131	131	shall administer or arrange for the administration of a written
132	132	examination developed by the commission or developed for the
133	133	commission under a contract on:
134	134	(1) laws applicable to vital statistics pertaining to
135	135	dead human bodies; and
136	136	(2) local and state rules and laws relating to the
137	137	preparation, transportation, care, and disposition of dead human
138	138	bodies. [LICENSE EXAMINATIONS; RESULTS. (a) The examinations for
139	139	a funeral director's license and an embalmer's license shall be held
140	140	at least annually. The examinations shall be given at the time and
141	141	place designated by the commission. The commission shall give
142	142	notice of the examinations.
143	143	[(b) Not later than the 30th day after the date a person
144	144	takes a licensing examination under this chapter, the commission
145	145	shall notify the person of the results of the examination.
146	146	[(c) If the examination is graded or reviewed by a testing
147	147	service:
148	148	[(1) the commission shall notify the person of the
149	149	results of the examination not later than the 14th day after the
150	150	date the commission receives the results from the testing service;
151	151	and
152	152	[(2) if notice of the examination results will be
153	153	delayed for longer than 90 days after the examination date, the
154	154	commission shall notify the person of the reason for the delay
155	155	before the 90th day.
156	156	[(d) The commission may require a testing service to notify
157	157	a person of the results of the person's examination.
158	158	[(e) If requested in writing by a person who fails a
159	159	licensing examination administered under this chapter, the
160	160	commission shall furnish the person with an analysis of the
161	161	person's performance on the examination.]
162	162	SECTION 11. Sections 651.255, 651.256, 651.258, and
163	163	651.259, Occupations Code, are amended to read as follows:
164	164	Sec. 651.255. EXAMINATION [EXAMINATIONS] REQUIRED FOR
165	165	FUNERAL DIRECTOR'S LICENSE. The commission shall administer or
166	166	arrange for the administration of[:
167	167	[(1)] a written professionally prepared examination
168	168	on:
169	169	(1) [(A)] the art and technique of funeral directing;
170	170	(2) [(B)] the signs of death;
171	171	(3) [(C)] the manner by which death may be determined;
172	172	(4) [(D)] sanitation and hygiene;
173	173	(5) [(E)] mortuary management and mortuary law;
174	174	(6) [(F)] business and professional ethics; and
175	175	(7) [(G)] other subjects that may be taught in a
176	176	recognized school or college of mortuary science[; and
177	177	[(2) a written examination developed by the commission
178	178	or developed for the commission by contract on:
179	179	[(A) laws applicable to vital statistics
180	180	pertaining to dead human bodies; and
181	181	[(B) local and state rules and laws relating to
182	182	the preparation, transportation, care, and disposition of dead
183	183	human bodies].
184	184	Sec. 651.256. EXAMINATION [EXAMINATIONS] REQUIRED FOR
185	185	EMBALMER'S LICENSE. The commission shall administer or arrange for
186	186	the administration of[:
187	187	[(1)] a written professionally prepared examination
188	188	on:
189	189	(1) [(A)] the anatomy of the human body, including:
190	190	(A) [(i)] the cavities of the human body; and
191	191	(B) [(ii)] the arterial and venous system of the
192	192	human body;
193	193	(2) [(B)] blood and discoloration;
194	194	(3) [(C)] bacteriology and hygiene;
195	195	(4) [(D)] pathology;
196	196	(5) [(E)] chemistry and embalming;
197	197	(6) [(F)] arterial and cavity embalming;
198	198	(7) [(G)] restorative art;
199	199	(8) [(H)] disinfecting;
200	200	(9) [(I)] embalming special cases;
201	201	(10) [(J)] contagious and infectious diseases;
202	202	(11) [(K)] mortuary management;
203	203	(12) [(L)] care, preservation, transportation, and
204	204	disposition of dead human bodies;
205	205	(13) [(M)] sanitary science; and
206	206	(14) [(N)] other subjects that may be taught in a
207	207	recognized school or college of mortuary science[; and
208	208	[(2) a written examination developed by the commission
209	209	or developed for the commission by contract on:
210	210	[(A) laws applicable to vital statistics
211	211	pertaining to dead human bodies; and
212	212	[(B) local and state rules and laws relating to
213	213	the care and disposition of dead human bodies].
214	214	Sec. 651.258. LICENSE ISSUANCE. A [On issuance of a funeral
215	215	director's license or an embalmer's license under this chapter, a
216	216	majority of the commission members shall sign the license. The]
217	217	license issued by the commission under this subchapter authorizes
218	218	the license holder to practice embalming, funeral directing, or
219	219	both.
220	220	Sec. 651.259. APPLICATION BY OUT-OF-STATE LICENSE HOLDER.
221	221	(a) The commission shall waive any requirement for a funeral
222	222	director's license or an embalmer's license for an applicant who
223	223	holds a license issued by another state, country, or territory that
224	224	has license requirements substantially equivalent to the
225	225	requirements of this state and who meets the requirements of this
226	226	section. The commission may waive any license requirement for an
227	227	applicant who holds a license issued by another state that does not
228	228	have license requirements substantially equivalent to those of this
229	229	state and who meets the requirements of this section. [The
230	230	applicant shall pay a license fee in an amount set by the
231	231	commission.]
232	232	(b) Any applicant for a license under this section shall
233	233	file an [a sworn] application that includes:
234	234	(1) a sworn statement that:
235	235	(A) the applicant is the person to whom the
236	236	license was issued;
237	237	(B) the license under which the applicant
238	238	practiced as a funeral director or embalmer in the state, country,
239	239	or territory from which the applicant moved was, at the time the
240	240	applicant left, in effect;
241	241	(C) no proceeding has been instituted against the
242	242	applicant for the cancellation, suspension, or revocation of the
243	243	license in the state, country, or territory that issued the
244	244	license; and
245	245	(D) [(C)] no prosecution is pending against the
246	246	applicant in a state or federal court for an offense that, under the
247	247	laws of this state, is a felony, or is a misdemeanor related to the
248	248	practice of embalming or funeral directing; [and]
249	249	(2) an affidavit of a person described by Subsection
250	250	(c) verifying that:
251	251	(A) the accompanying license has not been
252	252	canceled, suspended, or revoked; and
253	253	(B) the statement of the qualifications made in
254	254	the application for licensure in this state is correct; and
255	255	(3) documentation that the applicant has graduated
256	256	from an accredited college of mortuary science.
257	257	(c) The affidavit must be made by:
258	258	(1) the presiding officer or secretary of the
259	259	governmental entity that issued the license; or
260	260	(2) a registration officer of the state, country, or
261	261	territory that issued the license.
262	262	(d) An applicant must submit to [The applicant must affirm
263	263	in the statement that the license under which the applicant
264	264	practiced as a funeral director or embalmer in the state, country,
265	265	or territory from which the applicant moved was, at the time the
266	266	applicant left, in effect.
267	267	[(e) The commission shall conduct] a criminal background
268	268	check after submitting a license application [on each applicant].
269	269	(e) [(f)] An applicant for a license under this section
270	270	must[:
271	271	[(1)] provide proof that[:
272	272	[(A) the license is in good standing;
273	273	[(B)] the applicant has practiced under the
274	274	license for at least:
275	275	(1) [(i)] one year in the state, country, or territory
276	276	that issued the license if that state, country, or territory has
277	277	license requirements substantially equivalent to those of this
278	278	state; or
279	279	(2) [(ii)] five years in the state, country, or
280	280	territory that issued the license if that state, country, or
281	281	territory does not have license requirements substantially
282	282	equivalent to those of this state.
283	283	(f) An applicant under this section must successfully
284	284	complete the written examination described by Section 651.254[; and
285	285	[(C) the applicant has graduated from an
286	286	accredited college of mortuary science; and
287	287	[(2) pass a written examination of not more than 50
288	288	questions on applicable state laws and commission rules].
289	289	(g) On approval of the application, the applicant shall pay
290	290	a license fee in an amount set by the commission [The commission
291	291	shall conduct the examination under Subsection (f)(2) at each
292	292	regularly scheduled meeting of the commission].
293	293	SECTION 12. The heading to Section 651.260, Occupations
294	294	Code, is amended to read as follows:
295	295	Sec. 651.260. REPLACEMENT [DUPLICATE] LICENSE.
296	296	SECTION 13. Sections 651.260(a) and (c), Occupations Code,
297	297	are amended to read as follows:
298	298	(a) A license holder may apply to the commission for a
299	299	replacement [duplicate] license:
300	300	(1) if a license issued under this chapter is lost or
301	301	destroyed; or
302	302	(2) as needed to comply with Section 651.261.
303	303	(c) The commission shall issue a replacement [duplicate]
304	304	license after receipt of the information and payment of the fee set
305	305	by the commission for the replacement [duplicate] license.
306	306	SECTION 14. Section 651.261, Occupations Code, is amended
307	307	to read as follows:
308	308	Sec. 651.261. POSTING OF LICENSE. (a) A license holder
309	309	shall conspicuously display the holder's original license,
310	310	duplicate original license, or replacement license in each place of
311	311	business at which the license holder practices.
312	312	(b) The commission shall issue a duplicate original license
313	313	on application if the license holder needs a license to display in
314	314	multiple locations.
315	315	SECTION 15. Section 651.266, Occupations Code, is amended
316	316	to read as follows:
317	317	Sec. 651.266. CONTINUING EDUCATION. The commission by rule
318	318	may require continuing education as a condition for license renewal
319	319	except for a license holder described by Section 651.155 or an
320	320	applicant for renewal described by Section 651.265(b) [651.265].
321	321	If the commission requires continuing education, the commission
322	322	shall require completion of a minimum number of hours of ethics
323	323	training as a required part of that education.
324	324	SECTION 16. Section 651.165, Occupations Code, is
325	325	transferred to Subchapter F, Chapter 651, Occupations Code,
326	326	redesignated as Section 651.2661, Occupations Code, and amended to
327	327	read as follows:
328	328	Sec. 651.2661 [651.165]. RENEWAL OR REINSTATEMENT OF
329	329	LICENSE. (a) A person who is otherwise eligible to renew a license
330	330	may renew an unexpired license by paying the required renewal fee to
331	331	the commission before the expiration date of the license. A person
332	332	whose license has expired may not engage in activities that require
333	333	a license until the license has been renewed.
334	334	(b) A person whose license has been expired for 90 days or
335	335	less may renew the license by paying to the commission a renewal fee
336	336	that is equal to 1-1/2 times the normally required renewal fee.
337	337	(c) A person whose license has been expired for more than 90
338	338	days but less than one year may renew the license by paying to the
339	339	commission a renewal fee that is equal to two times the normally
340	340	required renewal fee.
341	341	(d) A person whose license has been expired for one year or
342	342	more may reinstate [renew] the license by:
343	343	(1) retaking and passing the [applicable] examination
344	344	under Section 651.254;
345	345	(2) paying any applicable fees, including a renewal
346	346	fee that is equal to two times the normally required renewal fee;
347	347	and
348	348	(3) completing any continuing education required
349	349	under Section 651.266.
350	350	(e) A person who was licensed in this state, moved to
351	351	another state, and is currently licensed and has been in practice in
352	352	the other state for the two years preceding the date of application
353	353	may obtain a new license without reexamination if both licenses are
354	354	in good standing. The person must pay to the commission a fee that
355	355	is equal to two times the normally required renewal fee for the
356	356	license.
357	357	(f) At least 30 days before the expiration of a person's
358	358	license, the commission shall send written notice of the impending
359	359	license expiration to the person at the person's last known address
360	360	according to the records of the commission.
361	361	SECTION 17. Section 651.1655, Occupations Code, is
362	362	transferred to Subchapter F, Chapter 651, Occupations Code,
363	363	redesignated as Section 651.2662, Occupations Code, and amended to
364	364	read as follows:
365	365	Sec. 651.2662 [651.1655]. REINSTATEMENT OF SUSPENDED
366	366	LICENSE. If authorized by the commission, a [A] person whose
367	367	license has been suspended may reinstate [renew] the license by:
368	368	(1) paying to the commission a renewal fee that is
369	369	equal to two times the normally required renewal fee;
370	370	(2) paying [in addition to] any penalty assessed by
371	371	the commission;
372	372	(3) completing any continuing education required
373	373	under Section 651.266; and
374	374	(4) passing the examination under Section 651.254.
375	375	SECTION 18. Sections 651.267(c) and (d), Occupations Code,
376	376	are amended to read as follows:
377	377	(c) A hearing to determine whether to reissue a license
378	378	shall be held before the commission unless the commission requires
379	379	the hearing to be held before an administrative law judge [a
380	380	hearings officer].
381	381	(d) A license that has been revoked may be reissued
382	382	[reinstated] only after the applicant:
383	383	(1) retakes and passes the [applicable] examination
384	384	under Section 651.254;
385	385	(2) pays a fee that is equal to two times the normally
386	386	required renewal fee; [and]
387	387	(3) satisfies any other commission requirements,
388	388	including any continuing education requirements under Section
389	389	651.266; and
390	390	(4) pays any penalty previously assessed by the
391	391	commission.
392	392	SECTION 19. The heading to Subchapter H, Chapter 651,
393	393	Occupations Code, is amended to read as follows:
394	394	SUBCHAPTER H. LICENSE REQUIREMENTS: FUNERAL AND COMMERCIAL
395	395	EMBALMING [EMBALMER] ESTABLISHMENTS
396	396	SECTION 20. Section 651.351, Occupations Code, is amended
397	397	by amending Subsections (d), (f), and (h) and adding Subsection
398	398	(h-1) to read as follows:
399	399	(d) A funeral establishment must:
400	400	(1) meet the building, fire safety, and health
401	401	standards and health ordinances of this state and of the
402	402	municipality in which the establishment is located;
403	403	(2) except as provided by Subsection (i), be located
404	404	at a fixed place that is not tax-exempt property or a cemetery;
405	405	(3) include facilities in which funeral services may
406	406	be conducted;
407	407	(4) have access to vehicles [rolling stock] consisting
408	408	of at least one motor hearse;
409	409	(5) include a preparation room containing the
410	410	facilities, equipment, and supplies required by commission rule to
411	411	ensure the provision of adequate embalming services;
412	412	(6) include other facilities as necessary to comply
413	413	with the sanitary codes of this state and of the municipality in
414	414	which the room is located; [and]
415	415	(7) include a display containing sufficient
416	416	merchandise to permit reasonable selection, including at least
417	417	[five adult caskets,] two [of which must be] full-size caskets, one
418	418	of which must be the least expensive casket offered, that are [and]
419	419	displayed in a setting that allows for private selection; and
420	420	(8) conspicuously display the funeral establishment's
421	421	license [casket showroom].
422	422	(f) Other than the two full-size caskets, the merchandise
423	423	[The least expensive casket] displayed under Subsection (d)(7)
424	424	[must be a full-size casket displayed in the same general manner as
425	425	the other full-size caskets are displayed. The three adult caskets
426	426	that are not required to be full-size under Subsection (d)(7)] may
427	427	be displayed:
428	428	(1) in a partial panel display; or
429	429	(2) by video or brochure, online, or in any other
430	430	manner.
431	431	(h) The executive director shall notify the petitioner of
432	432	the commission's decision on an exemption request under Subsection
433	433	(g).
434	434	(h-1) An [The] exemption under Subsection (g) remains in
435	435	effect until the conditions required for the exemption are no
436	436	longer met[:
437	437	[(1) the establishment is no longer located within 50
438	438	miles of a facility owned by the exempt establishment or at which
439	439	embalming services may be performed; or
440	440	[(2) an embalming service has been performed at the
441	441	establishment].
442	442	SECTION 21. The heading to Section 651.352, Occupations
443	443	Code, is amended to read as follows:
444	444	Sec. 651.352. COMMERCIAL EMBALMING [EMBALMERS]
445	445	ESTABLISHMENT LICENSE REQUIREMENTS.
446	446	SECTION 22. Sections 651.352(a), (b), (c), and (e),
447	447	Occupations Code, are amended to read as follows:
448	448	(a) In this section, "commercial embalming [embalmers]
449	449	establishment" means a funeral [an] establishment that:
450	450	(1) embalms for other licensed funeral
451	451	establishments; and
452	452	(2) does not sell services or merchandise directly or
453	453	at retail to the public[; and
454	454	[(3) meets the requirements for an embalmers license].
455	455	(b) An establishment that functions solely as a commercial
456	456	embalming [embalmers] establishment is required to hold a
457	457	commercial embalming [embalmers] establishment license and [but]
458	458	is [not] required to comply with the requirements for a funeral
459	459	establishment license under Section 651.351 except for the
460	460	requirements of Sections 651.351(d)(3)[, (d)(6),] and (7) [(f)].
461	461	(c) A commercial embalming [embalmers] establishment may
462	462	employ an embalmer only if the embalmer is licensed under this
463	463	chapter.
464	464	(e) A licensed commercial embalming [embalmers]
465	465	establishment that meets the licensing requirements under
466	466	Subchapter N may hold a crematory establishment license.
467	467	SECTION 23. The heading to Section 651.401, Occupations
468	468	Code, is amended to read as follows:
469	469	Sec. 651.401. FIRST CALL; REMOVAL OF DEAD HUMAN BODY.
470	470	SECTION 24. Section 651.407(c), Occupations Code, is
471	471	amended to read as follows:
472	472	(c) The funeral establishment shall retain a copy of the
473	473	written consent for at least two years and shall make the records of
474	474	the funeral establishment reasonably available for inspection by:
475	475	(1) the commission; and
476	476	(2) the person who provided the consent, as provided
477	477	by Section 711.002, Health and Safety Code [; and
478	478	[(3) the next of kin of the deceased person].
479	479	SECTION 25. The heading to Section 651.454, Occupations
480	480	Code, is amended to read as follows:
481	481	Sec. 651.454. [OTHER] UNETHICAL CONDUCT IN SOLICITING
482	482	CUSTOMERS.
483	483	SECTION 26. Section 651.454(a), Occupations Code, is
484	484	amended to read as follows:
485	485	(a) A person violates this chapter if the person, in
486	486	arranging for funeral services or merchandise, fails to:
487	487	(1) provide a prospective customer at the beginning of
488	488	the arrangement process with a copy of the brochure required by
489	489	Section 651.404;
490	490	(2) provide to a prospective customer inquiring in
491	491	person about any funeral service or merchandise a retail price list
492	492	for the prospective customer to keep;
493	493	(3) explain to a prospective customer that a purchase
494	494	[contractual] agreement for funeral services or merchandise may not
495	495	be entered into before a retail price list is provided to the
496	496	prospective customer; or
497	497	(4) provide general price information by telephone
498	498	within a reasonable time.
499	499	SECTION 27. Sections 651.457 and 651.458, Occupations Code,
500	500	are amended to read as follows:
501	501	Sec. 651.457. UNETHICAL CONDUCT REGARDING EMBALMING. (a)
502	502	A person violates this chapter if the person:
503	503	(1) embalms a body without:
504	504	(A) receiving the express written or oral
505	505	permission of a person authorized to make funeral arrangements for
506	506	the deceased; or
507	507	(B) making a documented reasonable effort over a
508	508	period of at least three hours to obtain the permission;
509	509	(2) [embalms or attempts to embalm a dead human body
510	510	without proper authority, evidence of which includes making an
511	511	incision on the body, raising a circulatory vessel of the body, or
512	512	injecting a chemical into the body;
513	513	[(3)] allows the presence or participation of a
514	514	student for credit or satisfaction of academic requirements during
515	515	the embalming of a dead human body without complying with Section
516	516	651.407; or
517	517	(3) [(4)] places a chemical or substance on or in a
518	518	dead human body to disinfect or preserve the body or to restore body
519	519	tissues and structures without holding an embalmer's license.
520	520	(b) Notwithstanding Subsection (a)(3) [(a)(4)], a
521	521	provisional license holder does not violate this chapter if the
522	522	provisional license holder places a chemical or substance on or in a
523	523	dead human body to disinfect or preserve the body or to restore body
524	524	tissues and structures under the supervision of an embalmer.
525	525	(c) For purposes of this section, "embalms a body" includes
526	526	an attempt to embalm a body, evidence of which includes making an
527	527	incision on the body, raising a circulatory vessel of the body, or
528	528	injecting a chemical into the body.
529	529	Sec. 651.458. UNETHICAL CONDUCT BY FUNERAL ESTABLISHMENT.
530	530	A person violates this chapter if the person makes a distinction in
531	531	providing funeral information to a customer because [regardless] of
532	532	any affiliation of the customer or because [whether] the customer
533	533	does or does not have [has] a present need for the services or
534	534	merchandise.
535	535	SECTION 28. The heading to Section 651.459, Occupations
536	536	Code, is amended to read as follows:
537	537	Sec. 651.459. [OTHER] UNETHICAL CONDUCT IN PROVIDING
538	538	FUNERAL SERVICES.
539	539	SECTION 29. Sections 651.459(a) and (c), Occupations Code,
540	540	are amended to read as follows:
541	541	(a) A person violates this chapter if the person:
542	542	(1) wilfully makes a false statement on:
543	543	(A) a death certificate, including forgery of a
544	544	physician's signature; or
545	545	(B) a document required by this chapter or a rule
546	546	adopted under this chapter;
547	547	(2) engages in dishonest [fraudulent],
548	548	unprofessional, or negligent [deceptive] conduct in providing
549	549	embalming services or funeral services or merchandise to a customer
550	550	[;
551	551	[(3) engages in dishonest conduct, wilful conduct, or
552	552	negligence in the practice of embalming or funeral directing] that
553	553	is likely to or does deceive, defraud, or otherwise injure the
554	554	public;
555	555	(3) [(4)] causes the execution of a document by the
556	556	use of fraud, deceit, or misrepresentation;
557	557	(4) [(5)] directly or indirectly employs a person to
558	558	solicit individuals or institutions by whose influence dead human
559	559	bodies may be turned over to a particular funeral director,
560	560	embalmer, or funeral establishment;
561	561	(5) [(6)] misappropriates funds held by a license
562	562	holder, a funeral establishment, an employee or agent of the
563	563	funeral establishment, or another depository, that create an
564	564	obligation to provide a funeral service or merchandise, including
565	565	retaining for an unreasonable time excess funds paid by or on behalf
566	566	of the customer for which the customer is entitled to a refund; or
567	567	(6) [(7)] performs acts of funeral directing or
568	568	embalming that are outside the licensed scope and authority of the
569	569	license holder, or performs acts of funeral directing or embalming
570	570	in a capacity other than that of an employee, agent, subcontractor,
571	571	or assignee of a licensed funeral establishment that has contracted
572	572	to perform those acts.
573	573	(c) A funeral director in charge violates this chapter if
574	574	the funeral director in charge fails to ensure that a dead human
575	575	body is removed in the manner provided by Section 651.401 [provide a
576	576	funeral director or an embalmer for direction or personal
577	577	supervision for a first call].
578	578	SECTION 30. Section 651.461, Occupations Code, is amended
579	579	to read as follows:
580	580	Sec. 651.461. DEFENSE TO VIOLATION. A person licensed
581	581	under this chapter does not violate this chapter by engaging in
582	582	conduct regarding funeral arrangements under the direction of a
583	583	person who:
584	584	(1) represents in writing to the license holder that
585	585	the person is authorized to make funeral arrangements for the
586	586	deceased; and
587	587	(2) provides written directions to the license holder
588	588	in the manner provided by Section 711.002, Health and Safety Code.
589	589	SECTION 31. Section 651.508, Occupations Code, is
590	590	transferred to Subchapter J, Chapter 651, Occupations Code,
591	591	redesignated as Section 651.462, Occupations Code, and amended to
592	592	read as follows:
593	593	Sec. 651.462 [651.508]. ENFORCEMENT OF LAW REGULATING
594	594	CREMATORIES. A [For purposes of this subchapter, a] person
595	595	regulated under this chapter that violates Chapter 716, Health and
596	596	Safety Code, violates this chapter.
597	597	SECTION 32. Section 651.501(a), Occupations Code, is
598	598	amended to read as follows:
599	599	(a) After notice and the opportunity for a hearing [as
600	600	provided by this subchapter], the commission may issue a letter of
601	601	warning [reprimand], assess an administrative penalty, revoke
602	602	or[,] suspend a license, place a license holder on probation [or
603	603	probate the suspension of a license or provisional license], order
604	604	a license holder to pay a refund under Section 651.603, or impose
605	605	any combination of those penalties if the commission determines
606	606	that a person regulated under this chapter has violated [for a
607	607	violation of] this chapter or a rule adopted under this chapter.
608	608	SECTION 33. The heading to Section 651.502, Occupations
609	609	Code, is amended to read as follows:
610	610	Sec. 651.502. LICENSE DENIAL[; EFFECT OF CRIMINAL
611	611	CONVICTION].
612	612	SECTION 34. Section 651.502, Occupations Code, is amended
613	613	by amending Subsections (a) and (b) and adding Subsection (a-1) to
614	614	read as follows:
615	615	(a) After a hearing before the commission, the [The]
616	616	commission may[, before a hearing or a waiver of a right to a
617	617	hearing,] refuse to issue or renew:
618	618	(1) a license or provisional license to a person who
619	619	has violated this chapter or a rule adopted under this chapter or
620	620	who has a criminal conviction; or
621	621	(2) an establishment license to an individual,
622	622	partnership, or corporation if the individual, a partner, or an
623	623	officer or director of the corporation:
624	624	(A) has violated this chapter or a rule adopted
625	625	under this chapter;
626	626	(B) previously held an establishment license
627	627	that was suspended or revoked; or
628	628	(C) attempts to avoid a revocation, suspension,
629	629	or license denial [refusal] by subterfuge or other evasive means.
630	630	(a-1) The commission may, after a hearing held under
631	631	Subsection (a), order that a license be issued or renewed on a
632	632	probationary basis through the execution of an agreed order.
633	633	(b) A person who is refused the issuance or renewal of [to
634	634	whom the commission refuses to issue] a license under Subsection
635	635	(a) may appeal the decision by submitting a written request for a
636	636	hearing in accordance with Chapter 2001, Government Code, not later
637	637	than the 30th day after the date of the refusal.
638	638	SECTION 35. The heading to Section 651.503, Occupations
639	639	Code, is amended to read as follows:
640	640	Sec. 651.503. LETTER OF WARNING; REPORT BY LICENSE HOLDER.
641	641	SECTION 36. Section 651.503(a), Occupations Code, is
642	642	amended to read as follows:
643	643	(a) The commission shall issue a written warning to a
644	644	license holder if the commission:
645	645	(1) conducts an investigation that identifies a
646	646	violation of this chapter by the license holder; and
647	647	(2) does not [issue a reprimand, assess an
648	648	administrative penalty, or] impose any other penalty against the
649	649	license holder.
650	650	SECTION 37. Section 651.505, Occupations Code, is amended
651	651	by amending Subsection (a) and adding Subsection (d) to read as
652	652	follows:
653	653	(a) If the commission places a license holder on probation
654	654	[a person whose license has been suspended], the commission may
655	655	impose conditions on the probation that are reasonable and related
656	656	to the reason the license holder was placed on probation [violation
657	657	for which the license was suspended]. If the commission orders
658	658	probation, the commission may require the license holder to:
659	659	(1) report regularly to the commission on matters that
660	660	are the basis of the probation;
661	661	(2) limit practice to the areas prescribed by the
662	662	commission; or
663	663	(3) continue or renew professional education until the
664	664	license holder attains a degree of skill satisfactory to the
665	665	commission in those areas that are the basis of the probation.
666	666	(d) The commission may suspend or revoke the license of a
667	667	license holder without a hearing if the commission determines the
668	668	license holder violated the terms of probation. The license holder
669	669	may appeal the decision by submitting a written request for a
670	670	hearing in accordance with this chapter and Chapter 2001,
671	671	Government Code, not later than the 30th day after the date of the
672	672	suspension or revocation.
673	673	SECTION 38. Section 651.506(a), Occupations Code, is
674	674	amended to read as follows:
675	675	(a) A proceeding conducted by the commission relating to an
676	676	appeal of the denial of a license or provisional license, the
677	677	suspension or revocation of a license, [the issuance of a
678	678	reprimand,] or the imposition of an administrative penalty under
679	679	Subchapter L [assessed after a hearing as provided by Section
680	680	651.551] and judicial review of the proceeding are governed by
681	681	Chapter 2001, Government Code.
682	682	SECTION 39. Section 651.506(f), Occupations Code, is
683	683	redesignated as Section 651.50601, Occupations Code, and amended to
684	684	read as follows:
685	685	Sec. 651.50601. DECISION BY COMMISSION. [(f)] The
686	686	commission shall review the findings of fact, conclusions of law,
687	687	and ruling of the administrative law judge in a proceeding under
688	688	Section 651.506 before making its final ruling in the proceeding.
689	689	The commission may also review a transcript of the proceeding
690	690	before making its final ruling. The commission shall adopt the
691	691	ruling of the administrative law judge as its ruling unless it finds
692	692	good cause to issue a different ruling. The commission shall
693	693	explain in writing the reasons for adopting a ruling other than the
694	694	one issued by the administrative law judge.
695	695	SECTION 40. Subchapter K, Chapter 651, Occupations Code, is
696	696	amended by adding Section 651.5065 to read as follows:
697	697	Sec. 651.5065. INFORMAL PROCEEDINGS. (a) The commission
698	698	by rule shall adopt procedures governing:
699	699	(1) informal disposition of a contested case under
700	700	Section 2001.056, Government Code; and
701	701	(2) an informal proceeding held in compliance with
702	702	Section 2001.054, Government Code.
703	703	(b) A settlement reached through an informal proceeding is
704	704	finalized through the execution of an agreed order. The agreed
705	705	order must specify the violation found, any administrative penalty
706	706	assessed, and the consequences of failing to comply with the terms
707	707	of the agreed order.
708	708	(c) If a settlement is not reached through an informal
709	709	proceeding, the commission shall hold a hearing on the matter under
710	710	Section 651.506.
711	711	SECTION 41. Section 651.5515, Occupations Code, is
712	712	transferred to Subchapter K, Chapter 651, Occupations Code,
713	713	redesignated as Section 651.5075, Occupations Code, and amended to
714	714	read as follows:
715	715	Sec. 651.5075 [651.5515]. SANCTIONS SCHEDULE [PENALTY
716	716	GUIDELINES]. (a) The commission by rule shall adopt a sanctions
717	717	schedule [guidelines that define and summarize the violations that
718	718	occur under this subchapter to assist the commission in maintaining
719	719	consistency in determining the amount of an administrative penalty
720	720	assessed under Section 651.552. Using those guidelines and the
721	721	summary, the commission shall establish and maintain a chart] that
722	722	lists:
723	723	(1) the most common violations that occur under this
724	724	chapter;
725	725	(2) the types of sanctions, including administrative
726	726	penalties, that may be imposed [penalty amounts assessed] for those
727	727	violations; and
728	728	(3) the factors used to determine the sanction that
729	729	may be imposed for [grade] each [type of] violation [before
730	730	determining the penalty amount under Section 651.552].
731	731	(b) The commission shall [consider using focus groups to]
732	732	obtain business and consumer input to match appropriate sanctions
733	733	[penalties] to violations before proposing the rules under this
734	734	section.
735	735	(c) The commission shall post the schedule [guidelines] on
736	736	the commission's Internet website [site].
737	737	SECTION 42. Section 651.551(b), Occupations Code, is
738	738	amended to read as follows:
739	739	(b) [The penalty may be assessed in the manner provided by
740	740	this subchapter or after a hearing under Section 651.506.] If an
741	741	administrative penalty is assessed after a hearing under Section
742	742	651.506, the commission shall follow the procedures described in
743	743	Sections 651.555 through 651.558.
744	744	SECTION 43. Section 651.552(b), Occupations Code, is
745	745	amended to read as follows:
746	746	(b) In determining the amount of the penalty, the commission
747	747	shall base its decision on:
748	748	(1) the seriousness of the violation;
749	749	(2) the threat the violation poses to health and
750	750	safety;
751	751	(3) the history of previous violations;
752	752	(4) the amount necessary to deter a future violation;
753	753	(5) efforts made to correct the violation;
754	754	(6) the sanctions schedule [guidelines] adopted under
755	755	Section 651.5075 [651.5515]; and
756	756	(7) any other matter that justice requires.
757	757	SECTION 44. Sections 651.553(a) and (b), Occupations Code,
758	758	are amended to read as follows:
759	759	(a) If, after examining a possible violation and the facts
760	760	relating to that violation, the commission determines that a
761	761	violation has occurred, the commission shall issue a [preliminary]
762	762	report stating:
763	763	(1) the facts on which the determination is based;
764	764	(2) that an administrative penalty is to be imposed;
765	765	and
766	766	(3) the amount of the penalty.
767	767	(b) Not later than the 10th day after the date the report is
768	768	issued, the commission shall send to the person charged with the
769	769	violation:
770	770	(1) a copy of the report;
771	771	(2) a statement of the right of the person to a hearing
772	772	relating to the alleged violation; and
773	773	(3) a statement of the amount of the penalty [; and
774	774	[(4) an explanation for any significant deviation from
775	775	the penalty amount assessed for similar violations].
776	776	SECTION 45. Sections 651.554(a) and (d), Occupations Code,
777	777	are amended to read as follows:
778	778	(a) Not later than the 30th day after the date the
779	779	[preliminary] report is sent, the person charged may:
780	780	(1) make a written request for a hearing; or
781	781	(2) pay the administrative penalty to the commission.
782	782	(d) If the person requests a hearing, the hearing shall be
783	783	conducted in the manner provided by Section 651.506 or through an
784	784	informal proceeding described by Section 651.5065(a).
785	785	SECTION 46. Section 651.602(a), Occupations Code, is
786	786	amended to read as follows:
787	787	(a) A person commits an offense if the person:
788	788	(1) acts or holds the person out as a funeral director,
789	789	embalmer, or provisional license holder without being licensed
790	790	under this chapter;
791	791	(2) [makes a first call in a manner that] violates
792	792	Section 651.401;
793	793	(3) is a funeral director, embalmer, or provisional
794	794	license holder and engages in a funeral practice that violates this
795	795	chapter or a rule adopted under this chapter; or
796	796	(4) violates Chapter 154, Finance Code, or a rule
797	797	adopted under that chapter, regardless of whether the Texas
798	798	Department of Banking or another governmental agency takes action
799	799	relating to the violation.
800	800	SECTION 47. Section 651.652, Occupations Code, is amended
801	801	to read as follows:
802	802	Sec. 651.652. APPLICABILITY. [(a)] This subchapter
803	803	applies only to a crematory that sells goods or services related to
804	804	the [burial or] final disposition of a body.
805	805	SECTION 48. The following sections of the Occupations Code
806	806	are repealed:
807	807	(1) Section 651.257;
808	808	(2) Section 651.264;
809	809	(3) Sections 651.502(c) and (d);
810	810	(4) Section 651.5026;
811	811	(5) Section 651.504;
812	812	(6) Sections 651.506(g) and (h);
813	813	(7) Section 651.5061; and
814	814	(8) Section 651.559.
815	815	SECTION 49. Sections 651.253 and 651.259, Occupations Code,
816	816	as amended by this Act, apply only to a person who applies for a
817	817	funeral director's license or embalmer's license on or after the
818	818	effective date of this Act. A person who applies for a funeral
819	819	director's license or embalmer's license before the effective date
820	820	of this Act is governed by the law in effect on the date the person
821	821	applied for that license, and the former law is continued in effect
822	822	for that purpose.
823	823	SECTION 50. Section 651.2661, Occupations Code, as
824	824	transferred, redesignated, and amended by this Act, applies only to
825	825	a person who applies for reinstatement of a license on or after the
826	826	effective date of this Act. A person who applies for renewal of a
827	827	license under former Section 651.165, Occupations Code, before the
828	828	effective date of this Act is governed by the law in effect on the
829	829	date the person applied for renewal, and the former law is continued
830	830	in effect for that purpose.
831	831	SECTION 51. Section 651.2662, Occupations Code, as
832	832	transferred, redesignated, and amended by this Act, applies only to
833	833	a person who applies for reinstatement of a license on or after the
834	834	effective date of this Act. A person who applies for renewal of a
835	835	license under former Section 651.1655, Occupations Code, before the
836	836	effective date of this Act is governed by the law in effect on the
837	837	date the person applied for renewal, and the former law is continued
838	838	in effect for that purpose.
839	839	SECTION 52. Section 651.267, Occupations Code, as amended
840	840	by this Act, applies only to a person who applies for reissuance of
841	841	a license on or after the effective date of this Act. A person who
842	842	applies for reissuance of a license before the effective date of
843	843	this Act is governed by the law in effect on the date the person
844	844	applied for reissuance, and the former law is continued in effect
845	845	for that purpose.
846	846	SECTION 53. Section 651.502, Occupations Code, as amended
847	847	by this Act, applies only to a person who applies for the issuance
848	848	or renewal of a license on or after the effective date of this Act. A
849	849	person who applies for the issuance or renewal of a license before
850	850	the effective date of this Act is governed by the law in effect on
851	851	the date the person applied, and the former law is continued in
852	852	effect for that purpose.
853	853	SECTION 54. Section 651.505, Occupations Code, as amended
854	854	by this Act, applies only to a person placed on probation on or
855	855	after the effective date of this Act. A person placed on probation
856	856	before the effective date of this Act is governed by the law in
857	857	effect on the date the person was placed on probation, and the
858	858	former law is continued in effect for that purpose.
859	859	SECTION 55. Section 651.506, Occupations Code, as amended
860	860	by this Act, and Section 651.50601, Occupations Code, as
861	861	redesignated and amended by this Act, apply only to a proceeding
862	862	initiated on or after the effective date of this Act. A proceeding
863	863	initiated before the effective date of this Act is governed by the
864	864	law in effect on the date the proceeding was initiated, and the
865	865	former law is continued in effect for that purpose.
866	866	SECTION 56. This Act takes effect September 1, 2021.