2023 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 H. License Requirements: Funeral and Commercial Embalmer Establishments › Section 651.351. Funeral Establishment License Requirements

Sec. 651.351.  FUNERAL ESTABLISHMENT LICENSE REQUIREMENTS.  (a)  A funeral establishment may not conduct a funeral business unless it is licensed by the commission.
(b)  This chapter does not require a funeral establishment to be owned by a person licensed under this chapter.
(c)  To obtain an initial funeral establishment license, an applicant must apply for a license and pay the licensing fee.  The commission shall issue an initial funeral establishment license on determining that the applicant satisfies the requirements of this section.
(d)  A funeral establishment must:
(1)  meet the building, fire safety, and health standards and health ordinances of this state and of the municipality in which the establishment is located;
(2)  except as provided by Subsection (i), be located at a fixed place that is not tax-exempt property or a cemetery;
(3)  include facilities in which funeral services may be conducted;
(4)  have access to rolling stock consisting of at least one motor hearse;
(5)  include a preparation room containing the facilities, equipment, and supplies required by commission rule to ensure the provision of adequate embalming services;
(6)  include other facilities as necessary to comply with the sanitary codes of this state and of the municipality in which the room is located; and
(7)  include a display containing sufficient merchandise to permit reasonable selection, including at least five adult caskets, two of which must be full-size and displayed in a casket showroom.
(e)  Each funeral establishment must have sufficient licensed personnel to conduct the operation of the funeral establishment.
(f)  The least expensive casket displayed under Subsection (d)(7) must be a full-size casket displayed in the same general manner as the other full-size caskets are displayed.  The three adult caskets that are not required to be full-size under Subsection (d)(7) may be displayed:
(1)  in a partial panel display; or
(2)  by video or brochure, online, or in any other manner.
(g)  The commission may exempt a funeral establishment from the requirements of Subsection (d)(5) if the establishment meets the requirements for the exemption provided by commission rule.
(h)  The executive director shall notify the petitioner of the commission's decision.  The exemption remains in effect until:
(1)  the establishment is no longer located within 50 miles of a facility owned by the exempt establishment or at which embalming services may be performed;  or
(2)  an embalming service has been performed at the establishment.
(i)  Subsection (d)(2) does not apply to a funeral establishment that is:
(1)  located on the real property of a public junior college; and
(2)  operated in connection with an accredited educational program in funeral services offered by the public junior college.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.385(a), eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 263 (H.B. 1468), Sec. 26, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 492 (S.B. 755), Sec. 1, eff. June 19, 2009.
Acts 2019, 86th Leg., R.S., Ch. 124 (H.B. 1540), Sec. 23, eff. September 1, 2019.