reglab/housing_qa huggingface dataset:
TX Occ Code § 651.453 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle L - Crematory Services, Funeral Directing, and Embalming|Chapter 651 - Crematory Services, Funeral Directing, and Embalming|Subchapter J. Prohibited Practices|Section 651.453. Unethical Advertising

Sec. 651.453.  UNETHICAL ADVERTISING.  A person violates this chapter if the person uses an advertising statement of a character that misleads or deceives the public or uses, in connection with an advertisement, the name of a person who is falsely represented to be a license holder.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 651.454 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle L - Crematory Services, Funeral Directing, and Embalming|Chapter 651 - Crematory Services, Funeral Directing, and Embalming|Subchapter J. Prohibited Practices|Section 651.454. Other Unethical Conduct in Soliciting Customers

Sec. 651.454.  OTHER UNETHICAL CONDUCT IN SOLICITING CUSTOMERS.  (a)  A person violates this chapter if the person, in arranging for funeral services or merchandise, fails to:(1)  provide a prospective customer at the beginning of the arrangement process with a copy of the brochure required by Section 651.404;(2)  provide to a prospective customer inquiring in person about any funeral service or merchandise a retail price list for the prospective customer to keep;(3)  explain to a prospective customer that a contractual agreement for funeral services or merchandise may not be entered into before a retail price list is provided to the prospective customer;  or(4)  provide general price information by telephone within a reasonable time.(b)  A person violates this chapter if the person restricts, hinders, or attempts to restrict or hinder:(1)  advertising or disclosure of prices and other information regarding the availability of funeral services and funeral merchandise that is not unfair or deceptive to consumers;  or(2)  an agreement for funeral services between a consumer and a funeral director or embalmer.(c)  A person associated with a funeral establishment violates this chapter if the person solicits business or offers an inducement to secure or attempt to secure business for the funeral establishment unless the solicitation is made under a permit issued under Chapter 154, Finance Code.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 651.455 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle L - Crematory Services, Funeral Directing, and Embalming|Chapter 651 - Crematory Services, Funeral Directing, and Embalming|Subchapter J. Prohibited Practices|Section 651.455. False or Misleading Statements Regarding Funeral Merchandise or Funeral, Cemetery, or Crematory Services

Sec. 651.455.  FALSE OR MISLEADING STATEMENTS REGARDING FUNERAL MERCHANDISE OR FUNERAL, CEMETERY, OR CREMATORY SERVICES.  (a)  A person violates this chapter if the person uses a statement that misleads or deceives the public, including a fraudulent statement or any other type of a false or misleading statement regarding:(1)  a legal, religious, or cemetery requirement for funeral merchandise or funeral, cemetery, or crematory services;(2)  the preservative qualities of funeral merchandise or funeral, cemetery, or crematory services in preventing or substantially delaying natural decomposition of human remains;(3)  the airtight or watertight properties of a casket or outer enclosure;(4)  the licenses held by the personnel in the operation of the cemetery, crematory, or funeral establishment;  or(5)  an activity regulated under this chapter, including the sale of funeral-related goods or services.(b)  Repealed by Acts 2003, 78th Leg., ch. 562, Sec. 42(3).|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.27, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 562, Sec. 26, 42(3), eff. Sept. 1, 2003.|
TX Occ Code § 651.456 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle L - Crematory Services, Funeral Directing, and Embalming|Chapter 651 - Crematory Services, Funeral Directing, and Embalming|Subchapter J. Prohibited Practices|Section 651.456. Unethical Conduct Regarding Custody of Dead Human Body

Sec. 651.456.  UNETHICAL CONDUCT REGARDING CUSTODY OF DEAD HUMAN BODY.  A person violates this chapter if the person:(1)  takes custody of a dead human body without the permission of:(A)  the person or the agent of the person authorized to make funeral arrangements for the deceased;  or(B)  a medical examiner or a justice of the peace who has jurisdiction over the body under Articles 49.02-49.05, Code of Criminal Procedure;(2)  refuses to promptly surrender a dead human body to a person or agent authorized to make funeral arrangements for the deceased;  or(3)  violates any state law governing the transportation, storage, refrigeration, inurnment, interment, or disinterment of a dead human body.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 562, Sec. 27, eff. Sept. 1, 2003.|
TX Occ Code § 651.457 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle L - Crematory Services, Funeral Directing, and Embalming|Chapter 651 - Crematory Services, Funeral Directing, and Embalming|Subchapter J. Prohibited Practices|Section 651.457. Unethical Conduct Regarding Embalming

Sec. 651.457.  UNETHICAL CONDUCT REGARDING EMBALMING.  (a)  A person violates this chapter if the person:(1)  embalms a body without:(A)  receiving the express written or oral permission of a person authorized to make funeral arrangements for the deceased;  or(B)  making a documented reasonable effort over a period of at least three hours to obtain the permission;(2)  embalms or attempts to embalm a dead human body without proper authority, evidence of which includes making an incision on the body, raising a circulatory vessel of the body, or injecting a chemical into the body;(3)  allows the presence or participation of a student for credit or satisfaction of academic requirements during the embalming of a dead human body without complying with Section 651.407;  or(4)  places a chemical or substance on or in a dead human body to disinfect or preserve the body or to restore body tissues and structures without holding an embalmer's license.(b)  Notwithstanding Subsection (a)(4), a provisional license holder does not violate this chapter if the provisional license holder places a chemical or substance on or in a dead human body to disinfect or preserve the body or to restore body tissues and structures under the supervision of an embalmer.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 651.458 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle L - Crematory Services, Funeral Directing, and Embalming|Chapter 651 - Crematory Services, Funeral Directing, and Embalming|Subchapter J. Prohibited Practices|Section 651.458. Unethical Conduct by Funeral Establishment

Sec. 651.458.  UNETHICAL CONDUCT BY FUNERAL ESTABLISHMENT.  A person violates this chapter if the person makes a distinction in providing funeral information to a customer regardless of any affiliation of the customer or whether the customer has a present need for the services or merchandise.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 651.459 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle L - Crematory Services, Funeral Directing, and Embalming|Chapter 651 - Crematory Services, Funeral Directing, and Embalming|Subchapter J. Prohibited Practices|Section 651.459. Other Unethical Conduct in Providing Funeral Services

Sec. 651.459.  OTHER UNETHICAL CONDUCT IN PROVIDING FUNERAL SERVICES.  (a)  A person violates this chapter if the person:(1)  wilfully makes a false statement on:(A)  a death certificate, including forgery of a physician's signature;  or(B)  a document required by this chapter or a rule adopted under this chapter;(2)  engages in fraudulent, unprofessional, or deceptive conduct in providing funeral services or merchandise to a customer;(3)  engages in dishonest conduct, wilful conduct, or negligence in the practice of embalming or funeral directing that is likely to or does deceive, defraud, or otherwise injure the public;(4)  causes the execution of a document by the use of fraud, deceit, or misrepresentation;(5)  directly or indirectly employs a person to solicit individuals or institutions by whose influence dead human bodies may be turned over to a particular funeral director, embalmer, or funeral establishment;(6)  misappropriates funds held by a license holder, a funeral establishment, an employee or agent of the funeral establishment, or another depository, that create an obligation to provide a funeral service or merchandise, including retaining for an unreasonable time excess funds paid by or on behalf of the customer for which the customer is entitled to a refund;  or(7)  performs acts of funeral directing or embalming that are outside the licensed scope and authority of the license holder, or performs acts of funeral directing or embalming in a capacity other than that of an employee, agent, subcontractor, or assignee of a licensed funeral establishment that has contracted to perform those acts.(b)  A funeral director or embalmer violates this chapter if the funeral director or embalmer states or implies that a customer's concern with the cost of any funeral service or funeral merchandise is improper or indicates a lack of respect for the deceased.(c)  A funeral director in charge violates this chapter if the funeral director in charge fails to provide a funeral director or an embalmer for direction or personal supervision for a first call.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 562, Sec. 28, eff. Sept. 1, 2003.|
TX Occ Code § 651.460 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle L - Crematory Services, Funeral Directing, and Embalming|Chapter 651 - Crematory Services, Funeral Directing, and Embalming|Subchapter J. Prohibited Practices|Section 651.460. Prohibited Practices Related to Failure to Comply With Other Legal Requirements

Sec. 651.460.  PROHIBITED PRACTICES RELATED TO FAILURE TO COMPLY WITH OTHER LEGAL REQUIREMENTS.  (a)  A person violates this chapter if the person:(1)  arranges for funeral services or merchandise and fails to provide a customer with a purchase agreement as required by Section 651.406;(2)  fails to retain and make available to the commission, on request, copies of all price lists, written notices, embalming documents, and memoranda of agreement required by this chapter for two years after the date of distribution or signing;(3)  violates this chapter, a rule adopted under this chapter, an order by the commission revoking, suspending, or probating a license, an order assessing an administrative penalty, or an agreement to pay an administrative penalty;(4)  allows the use of a dead human body by an embalming establishment for research or educational purposes without complying with Section 651.407;(5)  is associated with a funeral establishment, whether as an employee, agent, subcontractor, assignee, owner, or otherwise, and fails to comply with this chapter or a rule adopted under this chapter; or(6)  knowingly violates Section 711.002(l), Health and Safety Code.(b)  A funeral establishment violates this chapter if:(1)  the funeral establishment fails to substantially comply with Section 651.351;(2)  the funeral establishment or a person acting on behalf of the funeral establishment violates Chapter 193 or 361, Health and Safety Code;(3)  the funeral establishment, a person acting on behalf of the funeral establishment, or a person directly or indirectly connected with the funeral establishment violates Chapter 154, Finance Code, or a rule adopted under that chapter; or(4)  the funeral establishment or a person acting on behalf of a funeral establishment allows or assists an unlicensed person to engage in an activity for which a person is required to hold a license under this chapter.(c)  A crematory violates this chapter if the crematory or a person acting on behalf of the crematory allows or assists an unlicensed person to engage in an activity for which a person is required to hold a license under this chapter.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.385(c), eff. Sept. 1, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 619 (S.B. 988), Sec. 3, eff. June 16, 2015.Acts 2019, 86th Leg., R.S., Ch. 124 (H.B. 1540), Sec. 30, eff. September 1, 2019.|
TX Occ Code § 651.461 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle L - Crematory Services, Funeral Directing, and Embalming|Chapter 651 - Crematory Services, Funeral Directing, and Embalming|Subchapter J. Prohibited Practices|Section 651.461. Defense to Violation

Sec. 651.461.  DEFENSE TO VIOLATION.  A person licensed under this chapter does not violate this chapter by engaging in conduct regarding funeral arrangements under the direction of a person who:(1)  represents to the license holder that the person is authorized to make funeral arrangements for the deceased; and(2)  provides written directions to the license holder in the manner provided by Section 711.002, Health and Safety Code.|Added by Acts 2009, 81st Leg., R.S., Ch. 263 (H.B. 1468), Sec. 30, eff. September 1, 2009.|
TX Occ Code § 651.501 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle L - Crematory Services, Funeral Directing, and Embalming|Chapter 651 - Crematory Services, Funeral Directing, and Embalming|Subchapter K. Disciplinary Actions and Procedures and License Denials|Section 651.501. General Disciplinary Powers of Commission

Sec. 651.501.  GENERAL DISCIPLINARY POWERS OF COMMISSION.  (a)  After a hearing as provided by this subchapter, the commission may issue a reprimand, assess an administrative penalty, revoke, suspend, or probate the suspension of a license or provisional license, order a license holder to pay a refund under Section 651.603, or impose any combination of those penalties for a violation of this chapter or a rule adopted under this chapter.(b)  With respect to a violation of Section 651.453, 651.454(c), 651.459(c), 651.460(a)(5), 651.460(b)(2), or 651.460(b)(3), the commission may not initiate action against a funeral establishment if the complaint is based on the conduct of an employee, agent, or representative of the establishment:(1)  performed outside the scope and authority of employment;  or(2)  contrary to the instructions of the funeral establishment.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2019, 86th Leg., R.S., Ch. 124 (H.B. 1540), Sec. 31, eff. September 1, 2019.|
TX Occ Code § 651.5011 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle L - Crematory Services, Funeral Directing, and Embalming|Chapter 651 - Crematory Services, Funeral Directing, and Embalming|Subchapter K. Disciplinary Actions and Procedures and License Denials|Section 651.5011. Charging Funeral Director in Charge With Violation

Sec. 651.5011.  CHARGING FUNERAL DIRECTOR IN CHARGE WITH VIOLATION.  In determining whether to charge a funeral director in charge with a violation based on conduct for which a licensed employee of the funeral establishment was directly responsible, the commission may consider:(1)  the nature and seriousness of the violation;(2)  the extent to which the licensed employee of the funeral establishment whose conduct is the basis of the violation was under the direct supervision of the funeral director in charge or another person at the time the licensed employee engaged in the conduct; and(3)  the causal connection between the supervision of the licensed employee of the funeral establishment by the funeral director in charge and the conduct engaged in by the licensed employee that is the basis of the violation.|Added by Acts 2011, 82nd Leg., R.S., Ch. 634 (S.B. 864), Sec. 3, eff. September 1, 2011.|
TX Occ Code § 651.502 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle L - Crematory Services, Funeral Directing, and Embalming|Chapter 651 - Crematory Services, Funeral Directing, and Embalming|Subchapter K. Disciplinary Actions and Procedures and License Denials|Section 651.502. License Denial; Effect of Criminal Conviction

Sec. 651.502.  LICENSE DENIAL;  EFFECT OF CRIMINAL CONVICTION.  (a)  The commission may, before a hearing or a waiver of a right to a hearing, refuse to issue:(1)  a license or provisional license to a person who has violated this chapter or a rule adopted under this chapter;  or(2)  an establishment license to an individual, partnership, or corporation if the individual, a partner, or an officer or director of the corporation:(A)  has violated this chapter or a rule adopted under this chapter;(B)  previously held an establishment license that was suspended or revoked;  or(C)  attempts to avoid a revocation, suspension, or license refusal by subterfuge or other evasive means.(b)  A person to whom the commission refuses to issue a license under Subsection (a) may appeal the decision by submitting a written request for a hearing in accordance with Chapter 2001, Government Code, not later than the 30th day after the date of the refusal.(c)  The commission and the person to whom the commission refuses to issue a license may agree to the issuance of a probationary license, or the commission may, after a hearing, order that a license be issued on a probationary basis.(d)  A person applying for a funeral director's or embalmer's license who has a criminal conviction described by Section 651.452 may request a hearing on whether the conviction prevents the commission from issuing a license or a provisional license.  A hearing under this subsection must be requested before the person enters mortuary school and shall be conducted as required by Section 651.506.  A decision made in a hearing under this subsection, unless modified on appeal, is binding on the commission and on the person who requests the hearing when the person applies to the commission for the license or provisional license.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.385(d), eff. Sept. 1, 2001.|
TX Occ Code § 651.5025 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle L - Crematory Services, Funeral Directing, and Embalming|Chapter 651 - Crematory Services, Funeral Directing, and Embalming|Subchapter K. Disciplinary Actions and Procedures and License Denials|Section 651.5025. Immediate License Revocation; Effect of Certain Felony Convictions

Sec. 651.5025.  IMMEDIATE LICENSE REVOCATION;  EFFECT OF CERTAIN FELONY CONVICTIONS.  (a)  The commission may revoke the license of a license holder without a hearing if the commission determines from the information presented to it that the license holder has been convicted of a felony related to the practice of embalming, funeral directing, or another activity regulated by the commission under this chapter.  The commission shall notify the license holder if it decides to revoke the license.(b)  The license holder may appeal the decision by submitting a written request for a hearing in accordance with this chapter and Chapter 2001, Government Code, not later than the 30th day after the date of the revocation.|Added by Acts 2001, 77th Leg., ch. 682, Sec. 1.28, eff. Sept. 1, 2001.|
TX Occ Code § 651.503 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle L - Crematory Services, Funeral Directing, and Embalming|Chapter 651 - Crematory Services, Funeral Directing, and Embalming|Subchapter K. Disciplinary Actions and Procedures and License Denials|Section 651.503. Warning; Report by License Holder

Sec. 651.503.  WARNING;  REPORT BY LICENSE HOLDER.  (a)  The commission shall issue a written warning to a license holder if the commission:(1)  conducts an investigation that identifies a violation of this chapter by the license holder;  and(2)  does not issue a reprimand, assess an administrative penalty, or impose any other penalty against the license holder.(b)  The warning must:(1)  describe the identified violation;  and(2)  state the date by which the license holder must file with the commission a written report that describes:(A)  the measures implemented by the license holder to correct the violation;  and(B)  the dates those measures were implemented.(c)  The commission shall assess an administrative penalty against a license holder who fails to timely file the report.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 651.504 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle L - Crematory Services, Funeral Directing, and Embalming|Chapter 651 - Crematory Services, Funeral Directing, and Embalming|Subchapter K. Disciplinary Actions and Procedures and License Denials|Section 651.504. Reprimand

Sec. 651.504.  REPRIMAND.  The commission may, after a hearing as provided by Section 651.506 or without a hearing if the person waives a hearing, reprimand a person regulated under this chapter if the commission determines that the person violated this chapter or a rule adopted under this chapter.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.387(a), eff. Sept. 1, 2001.|
TX Occ Code § 651.505 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle L - Crematory Services, Funeral Directing, and Embalming|Chapter 651 - Crematory Services, Funeral Directing, and Embalming|Subchapter K. Disciplinary Actions and Procedures and License Denials|Section 651.505. Probation

Sec. 651.505.  PROBATION.  (a)  If the commission places on probation a person whose license has been suspended, the commission may impose conditions on the probation that are reasonable and related to the violation for which the license was suspended.  If the commission orders probation, the commission may require the license holder to:(1)  report regularly to the commission on matters that are the basis of the probation;(2)  limit practice to the areas prescribed by the commission;  or(3)  continue or renew professional education until the license holder attains a degree of skill satisfactory to the commission in those areas that are the basis of the probation.(b)  The commission shall notify in writing a license holder placed on probation of the probation.  The commission shall furnish the license holder with written probationary orders that detail the actions required by the commission of the license holder during the probation period.(c)  The commission shall develop and adopt a system to:(1)  monitor the actions of a license holder during the probation period;  and(2)  determine whether the license holder has complied with the probationary orders.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|