reglab/statecodes huggingface dataset:
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 G. License Requirements: Provisional License Holders › Section 651.302. Application; Issuance of Provisional License

Sec. 651.302.  APPLICATION;  ISSUANCE OF PROVISIONAL LICENSE.  (a)  The commission shall issue a provisional license to practice funeral directing to an applicant who:
(1)  is at least 18 years of age;
(2)  has completed the educational requirements of Section 651.253 or is enrolled in an accredited school or college of mortuary science;
(3)  is employed by a funeral establishment to learn funeral directing under the instruction and supervision of a funeral director;
(4)  files an application for a provisional license on a form provided by the commission and verified under oath by the applicant;
(5)  pays any required application or license fee; and
(6)  complies with the requirements of this chapter and of the commission.
(b)  The commission shall issue a provisional license to practice embalming to an applicant who:
(1)  is at least 18 years of age;
(2)  has completed the educational requirements of Section 651.253 or is enrolled in an accredited school or college of mortuary science;
(3)  is employed by a funeral establishment or commercial embalming facility to learn embalming under the instruction and supervision of an embalmer;
(4)  files an application for a provisional license on a form provided by the commission and verified under oath by the applicant;
(5)  pays any required application or license fee; and
(6)  complies with the requirements of this chapter and of the commission.
(c)  The commission shall waive the requirements of Subsection (a)(2) or (b)(2) for a period not to exceed 12 months for an applicant who is otherwise qualified and shall issue to the applicant a provisional license that expires at the end of that period.
(d)  An applicant must submit to a criminal background check before submitting an application for a license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 562, Sec. 18, 42(2), eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 50 (H.B. 1219), Sec. 2, eff. September 1, 2015.
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 G. License Requirements: Provisional License Holders › Section 651.303. Provisional License Program

Sec. 651.303.  PROVISIONAL LICENSE PROGRAM.  (a)  The commission shall prescribe and supervise the course of instruction received by a provisional license holder while participating in a provisional license program.
(a-1)  A provisional license holder may work only:
(1)  in a funeral establishment or commercial embalming facility licensed by the commission; and
(2)  under the direct and personal supervision of a funeral director or embalmer, as applicable.
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 50 , Sec. 10(1), eff. September 1, 2015.
(c)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 50 , Sec. 10(1), eff. September 1, 2015.
(d)  The provisional license program must include assisting with at least 45 cases.  Not more than two provisional license holders may receive credit for work done on any one body.  The commission by rule shall:
(1)  define the standards for a case;
(2)  set the number of cases a provisional license holder is required to complete during the program; and
(3)  establish guidelines for supervision under which a provisional license holder is granted increased responsibilities during the course of the provisional license program.
(e)  The standards required for a complete case include:
(1)  for an embalmer, all the duties and activities necessary for embalming;  and
(2)  for a funeral director, all the activities necessary from the time the body is obtained until final disposition.
(e-1)  The commission by rule shall prescribe case reporting requirements for provisional license holders. The commission shall provide case report forms to be used by a provisional license holder.
(f)  The funeral director provisional license program may be served concurrently with the embalmer provisional license program.
(g)  When conducting funeral arrangements, a provisional license holder shall inform family members and other persons with whom the arrangements are being made that the license holder has a provisional license and works under the personal supervision of a licensed funeral director.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 562, Sec. 19, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 634 (S.B. 864), Sec. 1, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 50 (H.B. 1219), Sec. 3, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 50 (H.B. 1219), Sec. 10(1), eff. September 1, 2015.
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 G. License Requirements: Provisional License Holders › Section 651.3035. Mortuary College Credit for Provisional License Program

Sec. 651.3035.  MORTUARY COLLEGE CREDIT FOR PROVISIONAL LICENSE PROGRAM.  (a)  A funeral directing or embalming case completed for credit while attending an accredited mortuary school or college may serve as credit toward the provisional license holder program.
(b)  A mortuary school or college may designate a funeral director or embalmer who is supervising a provisional license holder under Section 651.303 as a clinical instructor for the provisional license holder.
Added by Acts 2003, 78th Leg., ch. 562, Sec. 20, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 50 (H.B. 1219), Sec. 4, eff. September 1, 2015.
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 G. License Requirements: Provisional License Holders › Section 651.304. Employment Notification

Sec. 651.304.  EMPLOYMENT NOTIFICATION.  (a)  On entering employment with a funeral establishment or commercial embalming facility, a provisional license holder shall immediately notify the commission of the name of the establishment or facility where the provisional license holder will train.  The funeral director or embalmer in charge must sign the notification.
(b)  A provisional license holder must be employed by a funeral establishment or commercial embalming facility, as applicable, during the term of the provisional license. If a provisional license holder is not employed as required by this subsection, the commission shall cancel the provisional license.
(c)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 263, Sec. 33(2), eff. September 1, 2009.
(d)  If a provisional license holder leaves the employment of the funeral establishment or commercial embalming facility, the funeral director or embalmer in charge shall prepare an affidavit showing the length of time the provisional license holder was employed and the number of cases handled while employed by the establishment or facility.  The funeral director or embalmer shall file the original affidavit with the commission as a matter of record.  The funeral director or embalmer shall provide a copy of the affidavit to the provisional license holder.
(e)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 50 , Sec. 10(2), eff. September 1, 2015.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 562, Sec. 21, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 263 (H.B. 1468), Sec. 25, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 263 (H.B. 1468), Sec. 33(2), eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 50 (H.B. 1219), Sec. 5, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 50 (H.B. 1219), Sec. 6, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 50 (H.B. 1219), Sec. 10(2), eff. September 1, 2015.
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 G. License Requirements: Provisional License Holders › Section 651.3045. Term of Provisional License

Sec. 651.3045.  TERM OF PROVISIONAL LICENSE.  (a)  Except as provided by Subsection (c), a provisional license is valid for 12 consecutive months and may be renewed only once for a period not to exceed an additional 12 consecutive months.
(b)  The commission shall cancel a provisional license if the license holder fails to complete the licensing requirements of the provisional license program within 24 consecutive months.
(c)  If a provisional license holder holds a provisional license issued under Section 651.302(c), the provisional license may be renewed for a period not to exceed 24 consecutive months and the provisional license holder must complete the licensing requirements of the provisional license program within 36 consecutive months.
(d)  A provisional license holder who completes the requirements of the provisional license program and is otherwise eligible for a funeral director's or embalmer's license may receive that license regardless of the date the provisional license is due to expire.
Added by Acts 2015, 84th Leg., R.S., Ch. 50 (H.B. 1219), Sec. 7, eff. September 1, 2015.
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 G. License Requirements: Provisional License Holders › Section 651.305. Renewal or Reinstatement of Provisional License

Sec. 651.305.  RENEWAL OR REINSTATEMENT OF PROVISIONAL LICENSE.  (a)  , (b) Repealed by Acts 2001, 77th Leg., ch. 682, Sec. 3.01(a), eff. Sept. 1, 2001.
(c)  If a provisional license holder fails to renew the provisional license, the commission shall:
(1)  impose a late payment penalty equal to the amount of the license renewal fee;
(2)  suspend the license for nonpayment; and
(3)  notify the provisional license holder of the suspension.
(d)  If the renewal fee and penalty are not paid before the 91st day after the date of the notice of suspension, the commission shall cancel the license.
(d-1)  If the license is canceled under Subsection (d), the provisional license holder may apply for reinstatement not later than the date the license would have expired if the license had been renewed.  The commission may reinstate the canceled license if:
(1)  all other commission requirements are satisfied; and
(2)  the license fee and a late payment penalty equal to the amount of the license fee for the period of the cancellation are paid.
(d-2)  A reinstated license expires on the date the license would have expired if the license had been timely renewed.
(d-3)  A provisional license holder may not work as a funeral director or embalmer while the license is suspended or canceled.
(e)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 50 , Sec. 10(3), eff. September 1, 2015.
(f)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 50 , Sec. 10(3), eff. September 1, 2015.
(g)  The commission may adopt rules relating to the reinstatement of a provisional license under this section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 682, Sec. 3.01(a), eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 50 (H.B. 1219), Sec. 8, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 50 (H.B. 1219), Sec. 10(3), eff. September 1, 2015.
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 G. License Requirements: Provisional License Holders › Section 651.3055. Reapplication for Provisional License

Sec. 651.3055.  REAPPLICATION FOR PROVISIONAL LICENSE.  (a) A person who does not complete the provisional license program within the prescribed period may reapply for a provisional license.
(b)  A person who reapplies for a provisional license must comply with the requirements of Section 651.303. Casework performed under a previous provisional license may not be counted toward the requirements for the new provisional license.  The commission may adopt rules to allow casework performed under a previous provisional license to transfer to a new provisional license if the license holder requests a hardship exemption.
(c)  A person may reapply for a provisional license under this section only once.
Added by Acts 2015, 84th Leg., R.S., Ch. 50 (H.B. 1219), Sec. 9, eff. September 1, 2015.
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 G. License Requirements: Provisional License Holders › Section 651.306. Personal Supervision

Sec. 651.306.  PERSONAL SUPERVISION.  For the purposes of this chapter, personal supervision requires the physical presence of a funeral director or embalmer at the specified place and time a funeral service is provided.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
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 651.352. Commercial Embalmers Establishment License Requirements

Sec. 651.352.  COMMERCIAL EMBALMERS ESTABLISHMENT LICENSE REQUIREMENTS.  (a)  In this section, "commercial embalmers establishment" means an establishment that:
(1)  embalms for licensed funeral establishments;
(2)  does not sell services or merchandise directly or at retail to the public;  and
(3)  meets the requirements for an embalmers license.
(b)  An establishment that functions solely as a commercial embalmers establishment is required to hold a commercial embalmers establishment license but is not required to comply with the requirements for a funeral establishment license under Sections 651.351(d)(3), (d)(6), and (f).
(c)  A commercial embalmers establishment may employ an embalmer only if the embalmer is licensed under this chapter.
(d)  An embalming service, whether provided at a funeral establishment or other embalming facility licensed under this chapter, must comply with this chapter or a rule adopted under this chapter.
(e)  A licensed commercial embalmers establishment that meets the licensing requirements under Subchapter N may hold a crematory establishment license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.385(b), eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 596 (H.B. 56), Sec. 2, eff. September 1, 2007.
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 651.354. Renewal of Funeral Establishment License

Sec. 651.354.  RENEWAL OF FUNERAL ESTABLISHMENT LICENSE.  (a)  The commission shall mail written notice to a funeral establishment of the impending expiration of the establishment's license not later than the 30th day before the expiration date of the license.  The notice must state that:
(1)  to renew the license, the funeral establishment must pay the renewal fee in an amount provided by rule not later than the license expiration date; and
(2)  the license is automatically renewed on receipt of the renewal fee.
(b)  A funeral establishment that fails to pay the license renewal fee by the due date is subject to a late payment penalty in an amount determined by rule.
(c)  If the license is expired for longer than 30 days, the funeral establishment may not operate as a funeral establishment until the renewal fee and the late payment penalty are paid.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 562, Sec. 24, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 263 (H.B. 1468), Sec. 28, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 124 (H.B. 1540), Sec. 24, eff. September 1, 2019.
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 I. Practice by License Holder › Section 651.401. First Call; Removal of Body

Sec. 651.401.  FIRST CALL; REMOVAL OF BODY.  (a)  First call occurs at the beginning of a relationship between a funeral director and a person authorized by Section 711.002, Health and Safety Code, to control the disposition of the decedent's remains.
(b)  Notwithstanding Subsection (c), a funeral director must direct the pickup of a dead human body under this chapter.
(c)  A dead human body may be transferred without a funeral director directing the transfer at the direction of a justice of the peace or other law enforcement official.
(d)  A funeral director may direct an unlicensed person, a provisional license holder, or an embalmer in the removal of a dead human body.  A funeral director who directs the removal of a dead human body by an unlicensed person is strictly accountable for compliance with the requirements of this chapter. If an unlicensed person, a provisional license holder, or an embalmer inadvertently encounters a family member or other person with whom funeral arrangements are normally made, the person shall restrict communication with the family member or other person to:
(1)  identifying the person's employer; and
(2)  making any disclosure to the family member or other person that is required by federal or state law or regulation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.386(a), eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 124 (H.B. 1540), Sec. 25, eff. September 1, 2019.
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 I. Practice by License Holder › Section 651.402. Relationship of Funeral Director to Funeral Establishment

Sec. 651.402.  RELATIONSHIP OF FUNERAL DIRECTOR TO FUNERAL ESTABLISHMENT.  A person may act as a funeral director in directly or indirectly providing funeral services for compensation only if the person:
(1)  is acting as a licensed employee of a licensed funeral establishment that has contracted to provide those funeral services;  or
(2)  is a licensed agent, subcontractor, or assignee of the licensed funeral establishment that has contracted to provide those funeral services.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
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 I. Practice by License Holder › Section 651.403. Designation of Funeral Director in Charge; Effect of Violation

Sec. 651.403.  DESIGNATION OF FUNERAL DIRECTOR IN CHARGE;  EFFECT OF VIOLATION.  (a)  A funeral establishment shall:
(1)  designate to the commission a funeral director in charge;  and
(2)  promptly notify the commission of any change in that designation.
(b)  The funeral director in charge is directly responsible for the funeral directing and embalming business of the funeral establishment.
(c)  The funeral director in charge is ultimately responsible for compliance with the mortuary laws.  The funeral director in charge may be charged with a violation of this chapter if a violation occurs in the funeral establishment.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
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 I. Practice by License Holder › Section 651.404. Consumer Brochure

Sec. 651.404.  CONSUMER BROCHURE.  When funeral services are discussed, a funeral director or agent of the funeral establishment shall provide each prospective customer with a copy of the brochure prepared by the commission under Section 651.201.  The funeral establishment shall print additional copies of the brochure if the commission is unable to provide the number of brochures needed by the funeral establishment.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
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 I. Practice by License Holder › Section 651.405. Retail Price List; Funeral Establishment

Sec. 651.405.  RETAIL PRICE LIST;  FUNERAL ESTABLISHMENT.  (a)  "Retail price list" means a printed or typewritten list of the retail price of items or services provided by a funeral establishment and must include the retail price of:
(1)  transferring a deceased person to the funeral establishment;
(2)  embalming;
(3)  using a funeral establishment facility for viewing the deceased;
(4)  using a funeral establishment facility for funeral services;
(5)  using a hearse;
(6)  using a limousine;
(7)  caskets;
(8)  outer enclosures;
(9)  filing a claim seeking life insurance proceeds on behalf of the beneficiaries; and
(10)  other itemized services provided by the funeral establishment staff.
(b)  A retail price list must contain the name, address, and telephone number of the funeral establishment, the effective date for the stated prices, and the following printed notice:  "The goods and services shown below are those we can provide to our customers.  You may choose only the items you desire.  However, any funeral arrangements you select will include a charge for our basic services and overhead.  If legal or other requirements mean you must buy any items you did not specifically ask for, we will explain the reason in writing on the statement we provide describing the funeral goods and services you selected."
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.20, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 634 (S.B. 864), Sec. 2, eff. September 1, 2011.
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 I. Practice by License Holder › Section 651.4055. Retail Price List; Crematory

Sec. 651.4055.  RETAIL PRICE LIST; CREMATORY.  (a)  In this section, "retail price list" means a printed or typewritten list of the retail price of items or services provided by a crematory.
(b)  A retail price list must contain:
(1)  the name, address, and telephone number of the crematory;
(2)  the effective date for the stated prices;
(3)  notice required by Subsection (c); and
(4)  any other items that the commission may by rule require.
(c)  The retail price list must contain the following printed notice:  "The goods and services shown below are those we can provide to our customers.  You may choose only the items you desire.  If legal or other requirements mean you must buy any items you did not specifically ask for, we will explain the reason in writing on the statement we provide describing the goods and services you selected."
Added by Acts 2001, 77th Leg., ch. 682, Sec. 1.21, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 124 (H.B. 1540), Sec. 26, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 124 (H.B. 1540), Sec. 27, eff. September 1, 2019.
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 I. Practice by License Holder › Section 651.406. Purchase Agreement; Funeral Establishment

Sec. 651.406.  PURCHASE AGREEMENT;  FUNERAL ESTABLISHMENT.  (a)  A purchase agreement must state:
(1)  the name, address, and telephone number of the funeral establishment;
(2)  the amount paid or owed to another person by the funeral establishment on behalf of the customer and each fee charged the customer for the cost of advancing funds or becoming indebted to another person on behalf of the customer;
(3)  the printed notice required by Subsection (b);
(4)  the name, mailing address, and telephone number of the commission;  and
(5)  a statement that complaints may be directed to the commission.
(b)  The purchase agreement must contain the following printed notice:  "Charges are only for those items that you selected or that are required.  If we are required by law or by a cemetery or crematory to use any items, we will explain the reasons in writing below."
(c)  The purchase agreement shall be signed by the funeral director making the arrangements.
(d)  If the customer selects a package arrangement based on unit pricing, the itemization requirement is satisfied by providing a purchase agreement that itemizes the discount provided by the package arrangement.
(e)  A funeral establishment that receives a dead human body transferred from another funeral establishment shall include in the purchase agreement any amount owed by the customer to the transferring funeral establishment. The recipient funeral establishment shall remit to the transferring funeral establishment any amount collected on behalf of the transferring funeral establishment.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.22, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1076 (H.B. 1731), Sec. 1, eff. September 1, 2019.
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 I. Practice by License Holder › Section 651.4065. Purchase Agreement; Crematory

Sec. 651.4065.  PURCHASE AGREEMENT; CREMATORY.  (a)  A purchase agreement must state:
(1)  the name, address, and telephone number of the crematory;
(2)  the amount paid or owed to another person by the crematory on behalf of the customer and each fee charged the customer for the cost of advancing funds or becoming indebted to another person on behalf of the customer;
(3)  the printed notice required by Subsection (b);
(4)  the name, mailing address, and telephone number of the commission;
(5)  a statement that complaints may be directed to the commission; and
(6)  any other items that the commission may by rule require.
(b)  The purchase agreement must contain the following printed notice:  "Charges are only for those items that you selected or that are required.  If we are required by law to use any items, we will explain the reasons in writing below."
(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 124 (H.B. 1540), Sec. 36(7), eff. September 1, 2019.
(d)  If the customer selects a package arrangement based on unit pricing, the itemization requirement is satisfied by providing a purchase agreement that itemizes the discount provided by the package arrangement.
Added by Acts 2001, 77th Leg., ch. 682, Sec. 1.23, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 562, Sec. 25, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 124 (H.B. 1540), Sec. 28, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 124 (H.B. 1540), Sec. 29, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 124 (H.B. 1540), Sec. 36(7), eff. September 1, 2019.
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 I. Practice by License Holder › Section 651.407. Use of Body by School of Mortuary Science

Sec. 651.407.  USE OF BODY BY SCHOOL OF MORTUARY SCIENCE.  (a)  A school or college of mortuary science may not use a dead human body for educational or instructional purposes without the written consent of a person authorized to consent to the use.
(b)  A funeral director or embalmer may not release a dead human body for delivery to a school or college of mortuary science, and a school or college of mortuary science may not accept a dead human body, without possession of the written consent required by Subsection (a).
(c)  The funeral establishment shall retain a copy of the written consent for at least two years and shall make the records of the funeral establishment reasonably available for inspection by:
(1)  the commission;
(2)  the person who provided the consent;  and
(3)  the next of kin of the deceased person.
(d)  The school or college of mortuary science shall retain a copy of the written consent permanently and shall make the records of the school or college of mortuary science reasonably available for inspection by the commission.
(e)  A written consent form used under this section must contain, in the same size print as the remainder of the form, the following statement immediately above the signature line for the form:
"The undersigned authorizes and directs the funeral establishment, including apprentices, and mortuary students under the direct supervision of a licensed embalmer, and the funeral establishment's employees, independent contractors, and agents to care for, embalm, and prepare the body of the decedent.  The undersigned acknowledges that this authorization encompasses permission to embalm at the funeral establishment or at another facility equipped for embalming, including a school or college of mortuary science."
(f)  This section does not apply to a dead human body obtained by a school or college of mortuary science under Chapter 691 or 692A, Health and Safety Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 186 (H.B. 2027), Sec. 10, eff. September 1, 2009.
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 I. Practice by License Holder › Section 651.408. Use of Cemetery and Crematory Services

Sec. 651.408.  USE OF CEMETERY AND CREMATORY SERVICES.  The fact that a funeral director contracts for cemetery or crematory services, including as part of a package arrangement, does not limit the director's liability to the customer for those services.
Added by Acts 2001, 77th Leg., ch. 682, Sec. 1.24, eff. Sept. 1, 2001.
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 I. Practice by License Holder › Section 651.4085. Interment or Entombment

Sec. 651.4085.  INTERMENT OR ENTOMBMENT.  (a)  A funeral director who contracts with a customer to perform funeral directing under this chapter, or an agent of the funeral establishment, shall be present when the casket containing the human body to which the contract applies is placed in a grave, crypt, or burial vault unless interment or entombment takes place at a location outside this state.
(b) The funeral directing duties related to interment or entombment services are complete when the casket is placed in a grave, crypt, or burial vault.
Added by Acts 2011, 82nd Leg., R.S., Ch. 312 (H.B. 2286), Sec. 1, eff. June 17, 2011.
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 I. Practice by License Holder › Section 651.409. Notice to Next of Kin of Deceased Peace Officer

Sec. 651.409.  NOTICE TO NEXT OF KIN OF DECEASED PEACE OFFICER.  A funeral director who prepares a deceased peace officer for burial or other disposition shall make every effort to advise the next of kin of the officer that the next of kin of a person who at the time of death was a peace officer or an honorably retired peace officer who voluntarily terminated employment with a law enforcement agency of this state or a political subdivision of this state is eligible on request to receive a state flag from the Texas Commission on Law Enforcement at no cost to the next of kin.
Added by Acts 2001, 77th Leg., ch. 476, Sec. 4, eff. Sept. 1, 2001.  Renumbered from Occupations Code Sec. 651.408 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(115), eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 744 (H.B. 2769), Sec. 3, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.58, eff. May 18, 2013.
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 I. Practice by License Holder › Section 651.410. Authorized Release of Information

Sec. 651.410.  AUTHORIZED RELEASE OF INFORMATION.  Nothing in this chapter prohibits a funeral director or establishment from releasing information under Chapter 696, Health and Safety Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 373 (H.B. 3064), Sec. 2, eff. September 1, 2013.
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 J. Prohibited Practices › Section 651.451. Certain Fraudulent and Deceptive Acts

Sec. 651.451.  CERTAIN FRAUDULENT AND DECEPTIVE ACTS.  A person violates this chapter if the person:
(1)  presents to the commission a license, certificate, registration, or diploma that was illegally or fraudulently obtained;
(2)  uses fraud or deception in passing the examination, including impersonating or acting as a proxy for another person in the examination;
(3)  purchases, sells, barters, or uses, or offers to purchase, sell, barter, or use, a license, registration, certificate, or transcript of a license, registration, or certificate in or incident to an application to the commission for a license or registration issued under this chapter;
(4)  alters, with fraudulent intent, a license, registration, or certificate issued under this chapter or a transcript of a license, registration, or certificate;
(5)  uses a license, registration, certificate, or diploma issued under this chapter or a transcript of a license, registration, certificate, or diploma that has been fraudulently purchased, issued, counterfeited, or materially altered;
(6)  impersonates a funeral director, embalmer, or other person regulated under this chapter;
(7)  permits another to use the person's license or registration to perform an activity regulated under this chapter;  or
(8)  presents false certification of work done as a provisional license holder.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.25, eff. Sept. 1, 2001.
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 J. Prohibited Practices › Section 651.452. Lack of Fitness to Practice

Sec. 651.452.  LACK OF FITNESS TO PRACTICE.  A person violates this chapter if the person is:
(1)  convicted of:
(A)  a misdemeanor related to the practice of embalming, funeral directing, or another activity regulated under this chapter;  or
(B)  a felony;
(2)  unfit to practice as a funeral director or embalmer because of insanity and determined by a court to be of unsound mind;  or
(3)  unfit to practice because of current substance abuse.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.26, eff. Sept. 1, 2001.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.