TX
Texas House Bill HB5278

Texas 2025 - 89th Regular

Texas House Bill HB5278

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the licensing and regulation of persons who provide services in relation to the deceased; creating a criminal offense and increasing the punishment for an existing criminal offense; expanding the application of a fee.

Impact

The passage of HB 5278 would have significant implications on state laws governing the funeral and burial industry. It introduces stricter regulations for service providers, which includes creating a new criminal offense for unlicensed practice and increasing penalties for violations. This is intended to deter unethical practices while also providing a clearer path for licensing that ensures only qualified individuals may operate in this sensitive field. The new legal standards will likely elevate the professional standards within the industry, ultimately benefiting the public.

Summary

House Bill 5278 focuses on the licensing and regulation of individuals who offer services related to deceased persons. The bill seeks to establish a legal framework that ensures individuals providing these services are properly licensed, thus enhancing oversight and professionalism within this sector. By doing so, it aims to protect the interests of consumers and ensure that services rendered in connection to the deceased are conducted ethically and lawfully.

Contention

As discussions around HB 5278 began, several points of contention arose. Proponents argue that the bill is a necessary measure to increase accountability and protect bereaved families from potential fraud or exploitation. Conversely, opponents have raised concerns about the potential burden on small service providers who may be overwhelmed by new licensing requirements and fees. There is also apprehension that the bill could unintentionally limit access to services for families in underserved communities, who may already struggle to find affordable options during difficult times.

Texas Constitutional Statutes Affected

Health And Safety Code

  • Chapter 691. Donation Of Bodies And Anatomical Specimens
    • Section: 001
    • Section: 002
    • Section: New Section
    • Section: 023
    • Section: 034
  • Chapter 692a. Revised Uniform Anatomical Gift Act
    • Section: New Section

Occupations Code

  • Chapter 651. Crematory Services, Funeral Directing, And Embalming
    • Section: New Section

Companion Bills

TX SB2721

Identical Relating to the deceased, including requirements for donating or claiming bodies or anatomical specimens, the licensing and regulation of persons who provide services or conduct education or research in relation to the deceased, and responsibilities of political subdivisions for certain bodies after death; creating criminal offenses; authorizing administrative penalties; requiring occupational licenses; authorizing fees.

Previously Filed As

TX SB2040

Relating to the continuation and transfer of the regulation of willed body programs to the Texas Funeral Service Commission, the regulation of willed body programs, non-transplant anatomical donation organizations, and anatomical facilities, and the creation of the State Anatomical Advisory Committee; requiring registration; authorizing fees; authorizing an administrative penalty.

TX HB1510

Relating to the continuation and transfer of the regulation of willed body programs to the Texas Funeral Service Commission, the regulation of willed body programs, non-transplant anatomical donation organizations, and anatomical facilities, and the creation of the State Anatomical Advisory Committee; requiring registration; authorizing fees; authorizing an administrative penalty.

TX SB2517

Relating to the regulation of human body acquisition services and authorized recipients.

TX SB1527

Relating to human trafficking, including the prosecution and punishment of compelling and solicitation of prostitution and other sexual or assaultive offenses; increasing a criminal penalty; creating a criminal offense.

TX HB3451

Relating to human trafficking, including the prosecution and punishment of compelling and solicitation of prostitution and other sexual or assaultive offenses; increasing a criminal penalty; creating a criminal offense.

TX HB7

Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force, and to compensate persons affected by those threats; increasing criminal penalties; creating criminal offenses.

TX SB1518

Relating to the establishment of a terrorist offender registry and to the supervision of those terrorist offenders; creating criminal offenses related to terrorism.

TX HB4968

Relating to the establishment of a terrorist offender registry and to the supervision of those terrorist offenders; creating criminal offenses related to terrorism.

TX SB321

Relating to the production and regulation of hemp; providing administrative penalties; creating a criminal offense.

TX SB895

Relating to the regulation of money services businesses; creating a criminal offense; creating administrative penalties; authorizing the imposition of a fee.

Similar Bills

TX SB2721

Relating to the deceased, including requirements for donating or claiming bodies or anatomical specimens, the licensing and regulation of persons who provide services or conduct education or research in relation to the deceased, and responsibilities of political subdivisions for certain bodies after death; creating criminal offenses; authorizing administrative penalties; requiring occupational licenses; authorizing fees.

TX SB2040

Relating to the continuation and transfer of the regulation of willed body programs to the Texas Funeral Service Commission, the regulation of willed body programs, non-transplant anatomical donation organizations, and anatomical facilities, and the creation of the State Anatomical Advisory Committee; requiring registration; authorizing fees; authorizing an administrative penalty.

TX HB1510

Relating to the continuation and transfer of the regulation of willed body programs to the Texas Funeral Service Commission, the regulation of willed body programs, non-transplant anatomical donation organizations, and anatomical facilities, and the creation of the State Anatomical Advisory Committee; requiring registration; authorizing fees; authorizing an administrative penalty.

TX HB1565

Relating to the continuation and transfer of the regulation of willed body programs to the Texas Funeral Service Commission, the regulation of willed body programs and non-transplant anatomical donation organizations, and the creation of the State Anatomical Advisory Committee; authorizing a fee.

MI HB4728

Health: testing; screening of breast milk donor for presence of HIV; modify. Amends sec. 9123 of 1978 PA 368 (MCL 333.9123).

TX HB3485

Relating to the use of human remains in the training of search and rescue animals.