reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 605 - Orthotists and Prosthetists › Subchapter B. Orthotists and Prosthetists Advisory Board › Section 605.055. Terms; Vacancy

Sec. 605.055.  TERMS; VACANCY.  (a)  Members of the advisory board serve staggered six-year terms.  The terms of two or three members expire on February 1 of each odd-numbered year.
(b)  If a vacancy occurs during a member's term, the presiding officer of the commission, with the commission's approval, shall appoint a replacement who meets the qualifications for the vacant position to serve for the remainder of the term.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1170, Sec. 30.02, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.170, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 605 - Orthotists and Prosthetists › Subchapter B. Orthotists and Prosthetists Advisory Board › Section 605.056. Presiding Officer

Sec. 605.056.  PRESIDING OFFICER.  The presiding officer of the commission, with the commission's approval, shall designate a member of the advisory board to serve as the presiding officer of the advisory board for a term of one year.  The presiding officer of the advisory board may vote on any matter before the advisory board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.171, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 1105 (H.B. 4007), Sec. 7.001, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 605 - Orthotists and Prosthetists › Subchapter B. Orthotists and Prosthetists Advisory Board › Section 605.059. Meetings

Sec. 605.059.  MEETINGS.  (a)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(157), eff. September 1, 2015.
(b)  The advisory board shall meet at the call of the presiding officer of the commission or the executive director.
(c)  Four or more advisory board members may call a special meeting of the advisory board by providing written notice not less than 14 days before the date of the meeting to:
(1)  the presiding officer of the commission;
(2)  the executive director; and
(3)  all other members of the advisory board.
(d)  Not more than two special meetings of the advisory board may be called under Subsection (c) in a calendar year.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.172, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.222(157), eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 605 - Orthotists and Prosthetists › Subchapter D. Powers and Duties › Section 605.151. General Powers and Duties

Sec. 605.151.  GENERAL POWERS AND DUTIES.  The executive director shall administer and enforce this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.343(a), eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.173, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 605 - Orthotists and Prosthetists › Subchapter D. Powers and Duties › Section 605.155. Examinations

Sec. 605.155.  EXAMINATIONS.  The department must approve any examination required for a license under this chapter.  Each examination shall be offered at least once each year.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.174, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 605 - Orthotists and Prosthetists › Subchapter F. License, Registration, and Accreditation Requirements › Section 605.251. License Required

Sec. 605.251.  LICENSE REQUIRED.  A person may not practice, attempt to practice, or offer to practice orthotics or prosthetics, act as an assistant to a person who practices orthotics or prosthetics, or in any way hold the person out as being able to practice orthotics or prosthetics unless the person holds a license under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.178, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 605 - Orthotists and Prosthetists › Subchapter F. License, Registration, and Accreditation Requirements › Section 605.2515. Additional License: Device Manufacturer

Sec. 605.2515.  ADDITIONAL LICENSE: DEVICE MANUFACTURER.  A person licensed to practice orthotics or prosthetics who measures, designs, fabricates, fits, assembles, adjusts, or services an orthosis or a prosthesis under an order from a licensed physician, chiropractor, or podiatrist, or an advanced practice nurse or physician assistant acting under the delegation and supervision of a licensed physician as provided by Subchapter B, Chapter 157, and rules adopted by the Texas Medical Board, for a specific patient is exempt from licensing as a device manufacturer under Subchapter L, Chapter 431, Health and Safety Code. A person licensed to practice orthotics or prosthetics who fabricates or assembles an orthosis or a prosthesis without an order from a licensed physician, chiropractor, or podiatrist, or an advanced practice nurse or physician assistant acting under the delegation and supervision of a licensed physician as provided by Subchapter B, Chapter 157, and rules adopted by the Texas Medical Board, for a specific patient is required to be licensed as a device manufacturer under Subchapter L, Chapter 431, Health and Safety Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 220 (S.B. 1271), Sec. 1, eff. May 27, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 545 (H.B. 2703), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 605 - Orthotists and Prosthetists › Subchapter F. License, Registration, and Accreditation Requirements › Section 605.252. License Eligibility

Sec. 605.252.  LICENSE ELIGIBILITY.
(a)  To be eligible for a license to practice orthotics or prosthetics in this state, a person must:
(1)  submit an application in the manner and on the form prescribed by the executive director;
(2)  pay the nonrefundable application fee;
(3)   have completed formal training, including the required hours of classroom education and clinical practice, in an area of study the commission by rule determines to be necessary and appropriate;
(4)  have completed a clinical residency in the professional area for which a license is sought that complies with the standards, guidelines, or procedures established by the department for a clinical residency that is offered in this state or another state; and
(5)  have passed each written and practical examination approved and required by the department.
(b)  The requirements for a license established by commission rule must include the requirement that the applicant hold:
(1)  a bachelor's or graduate degree in orthotics and prosthetics from:
(A)  an education program recognized and accredited by the Commission on Accreditation of Allied Health Education Programs that is offered at an institution of higher education; or
(B)  a practitioner education program that has education standards that are equivalent to or exceed the standards adopted by the Commission on Accreditation of Allied Health Education Programs; or
(2)  a bachelor's degree in another subject and an orthotic or prosthetic certificate issued by a practitioner education program:
(A)  recognized and accredited by the Commission on Accreditation of Allied Health Education Programs; or
(B)  that has education standards that are equivalent to or exceed the standards adopted by the Commission on Accreditation of Allied Health Education Programs.
(c)  To meet the clinical residency requirements for a license, the applicant must complete a professional clinical residency that meets the requirements established by commission rule and is conducted under the direct supervision of a licensed orthotist, licensed prosthetist, or a licensed prosthetist orthotist in the discipline for which licensure is sought.  The clinical residency requirements adopted by the commission must be equivalent to or exceed the standards set by the National Commission on Orthotic and Prosthetic Education.
(d)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 1105 (H.B. 4007), Sec. 7.006(1), eff. September 1, 2017.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 511 (S.B. 141), Sec. 1, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.179, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 1105 (H.B. 4007), Sec. 7.002, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1105 (H.B. 4007), Sec. 7.006(1), eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 605 - Orthotists and Prosthetists › Subchapter F. License, Registration, and Accreditation Requirements › Section 605.254. Exemptions From or Substitutes for License Requirements

Sec. 605.254.  EXEMPTIONS FROM OR SUBSTITUTES FOR LICENSE REQUIREMENTS.  (a)  A person is entitled to an exemption from the license requirements established under Section 605.252 if the person presents evidence satisfactory to the department that the person possesses unique qualifications to practice orthotics, prosthetics, or orthotics and prosthetics.
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(169), eff. September 1, 2015.
(c)  The department shall issue a license to a person who is determined to be eligible for a license under Subsection (a).  A person to whom a license is issued under this subsection is entitled to the same license privileges as if the person met the educational and vocational requirements of Section 605.252.  The license holder is subject to the license renewal requirements established by the commission, other than the academic, clinical training, and examination requirements, which the commission may not impose as a condition of the person's license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.180, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.222(169), eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 1105 (H.B. 4007), Sec. 7.003, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 605 - Orthotists and Prosthetists › Subchapter F. License, Registration, and Accreditation Requirements › Section 605.255. Assistant License

Sec. 605.255.  ASSISTANT LICENSE.  (a)  An applicant for a license as an orthotist assistant or prosthetist assistant must:
(1)  submit an application in the manner and on a form prescribed by the executive director;
(2)  pay the nonrefundable application fee established by the commission by rule; and
(3)  present evidence satisfactory to the department that the applicant has completed an education program, including courses in the anatomical, biological, and physical sciences, and a clinical residency as prescribed and adopted by the commission by rule.
(b)  An assistant licensed under this section may provide only ancillary patient care services, as defined by the commission by rule, in the discipline in which the assistant's supervisor is licensed under this chapter.
(c)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(170), eff. September 1, 2015.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.181, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.222(170), eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 605 - Orthotists and Prosthetists › Subchapter F. License, Registration, and Accreditation Requirements › Section 605.256. Issuance of License or Registration Certificate; Term

Sec. 605.256.  ISSUANCE OF LICENSE OR REGISTRATION CERTIFICATE;  TERM.  (a)  The department may issue a license or registration certificate under this chapter only to an individual.
(b)  The department shall issue a license in orthotics or prosthetics to an applicant who meets the requirements provided under this chapter.  A license may be granted in either orthotics or prosthetics, or in both, if the person meets the requirements established by the department.
(c)  A license is valid for two years from the date issued and may be renewed before expiration.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.182, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 605 - Orthotists and Prosthetists › Subchapter F. License, Registration, and Accreditation Requirements › Section 605.257. Temporary License

Sec. 605.257.  TEMPORARY LICENSE.  (a)  The department may issue a temporary license to an individual who:
(1)   has applied for a license as an orthotist, prosthetist, or both;
(2)  has regularly  practiced orthotics, prosthetics, or both for the five years preceding the date of the application; and
(3)  has  been licensed by a state that has license requirements that are equal to or exceed the requirements of this chapter.
(b)  A temporary license is valid for one year from the date issued.  A temporary license may be renewed for not more than one additional year if the applicant presents evidence sufficient to the department of good cause for renewal.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.183, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 1105 (H.B. 4007), Sec. 7.004, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 605 - Orthotists and Prosthetists › Subchapter F. License, Registration, and Accreditation Requirements › Section 605.258. Student Registration Certificate

Sec. 605.258.  STUDENT REGISTRATION CERTIFICATE.  (a)  The department may issue a student registration certificate to an individual who is working toward fulfilling the requirements for a license as an orthotist, prosthetist, or prosthetist orthotist and:
(1)  holds either:
(A)  a bachelor's or graduate degree in orthotics and prosthetics from:
(i)  an education program recognized and accredited by the Commission on Accreditation of Allied Health Education Programs that is offered at an institution of higher education; or
(ii)  a practitioner education program that has education standards that are equivalent to or exceed the standards adopted by the Commission on Accreditation of Allied Health Education Programs; or
(B)  a bachelor's degree in another subject and an orthotic or prosthetic certificate issued by a practitioner education program:
(i)  recognized and accredited by the Commission on Accreditation of Allied Health Education Programs; or
(ii)  that has education standards that are equivalent to or exceed the standards adopted by the Commission on Accreditation of Allied Health Education Programs; or
(2)  is a student who:
(A)  is currently enrolled in a graduate program in this state in orthotics and prosthetics that:
(i)  is recognized and accredited by the Commission on Accreditation of Allied Health Education Programs; and
(ii)  incorporates a professional clinical residency that meets the requirements of rules adopted under Section 605.252(c); and
(B)  submits to the department a written certification from the graduate program in which the student is enrolled that the student has successfully completed the academic prerequisites to enter a professional clinical residency.
(b)  A student registrant may work only under the direct supervision of a licensed orthotist, licensed prosthetist, or licensed prosthetist orthotist who is responsible for the acts of the student registrant and licensed in the discipline of the student registrant's clinical residency.
(c)  A student registration certificate is valid for two years from the date issued and may be renewed once for an additional two years.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 511 (S.B. 141), Sec. 2, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.184, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 605 - Orthotists and Prosthetists › Subchapter F. License, Registration, and Accreditation Requirements › Section 605.260. Accreditation of Facilities

Sec. 605.260.  ACCREDITATION OF FACILITIES.  (a)  The commission by rule shall establish requirements for the accreditation and the renewal of an accreditation of an orthotic or prosthetic facility in which orthotics or prosthetics are conducted.  The department may issue an accreditation only to an orthotic or prosthetic facility.
(b)  If a person owns more than one facility, the department may require only one application for the accreditation of each of the person's facilities.  Each orthotic or prosthetic facility must meet the requirements established by commission rule.
(c)  An orthotic or prosthetic facility must be under the on-site direction of an orthotist or prosthetist licensed by the department in the discipline for which accreditation is sought.
(d)  The rules adopted under this section may not prohibit a licensed individual from practicing in an orthotic or prosthetic facility within the scope of the individual's license.
(e)  This section does not apply to a facility licensed under Subtitle B, Title 4, Health and Safety Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.186, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 605 - Orthotists and Prosthetists › Subchapter G. Exemptions › Section 605.301. Exemption for License Holders of Other State Agencies

Sec. 605.301.  EXEMPTION FOR LICENSE HOLDERS OF OTHER STATE AGENCIES.  This chapter does not restrict a person who holds a license issued by another state agency from performing health care services within the scope of the license holder's applicable licensing act if the license holder:
(1)  practices in conformance with the applicable laws and rules relating to the person's license;  and
(2)  does not:
(A)  violate Section 605.251;
(B)  represent to others that the license holder practices orthotics or prosthetics;  or
(C)  use the terms "prosthetist," "prosthesis," "prosthetic," "artificial limb," "orthotist," "orthosis," "orthotic," or "brace" or the letters "LP," "LPA," "LO," "LOA," "LPO," or "LPOA" or any derivative of those terms or letters in connection with the license holder's name or practice.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 605 - Orthotists and Prosthetists › Subchapter G. Exemptions › Section 605.302. Exemption for Students in Orthotics or Prosthetics

Sec. 605.302.  EXEMPTION FOR STUDENTS IN ORTHOTICS OR PROSTHETICS.  This chapter does not apply to the activities and services of a student in orthotics or prosthetics who is:
(1)  pursuing a course of study in:
(A)  an orthotic or prosthetic program at a college or university recognized and accredited by the Commission on Accreditation of Allied Health Education Programs;  or
(B)  an orthotic or prosthetic education program having education standards that are equivalent to or exceed the standards adopted by the Commission on Accreditation of Allied Health Education Programs;  or
(2)  working in a recognized training center or research facility, if the activities and services provided by the person at the training center or research facility constitute a part of the person's course of study in the discipline in which the person's supervisor is licensed under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 605 - Orthotists and Prosthetists › Subchapter G. Exemptions › Section 605.303. Exemption for Certain License Holders

Sec. 605.303.  EXEMPTION FOR CERTAIN LICENSE HOLDERS.  This chapter does not apply to:
(1)  a podiatrist practicing under Chapter 202;
(2)  a chiropractor practicing under Chapter 201;
(3)  an occupational therapist practicing under Chapter 454;  or
(4)  a physical therapist practicing under Chapter 453.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 605 - Orthotists and Prosthetists › Subchapter G. Exemptions › Section 605.304. Exemption for Pedorthists

Sec. 605.304.  EXEMPTION FOR PEDORTHISTS.  (a)  In this section:
(1)  "Certified pedorthist" means a person certified by the Board for Certification in Pedorthics in the design, manufacture, fit, and modification of shoes and related foot orthoses below the anatomical ankle joint as prescribed by a licensed doctor of medicine or a doctor of podiatry for the amelioration of a painful or disabling condition of the foot;  and
(2)  "Foot orthosis" includes prosthetic toe fillers or orthoses for use below the ankle.
(b)  This chapter does not apply to a certified pedorthist.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 605 - Orthotists and Prosthetists › Subchapter G. Exemptions › Section 605.305. Exemption for Pharmacists

Sec. 605.305.  EXEMPTION FOR PHARMACISTS.  A pharmacist licensed by the Texas State Board of Pharmacy or a person who is working under the direct supervision of a pharmacist may practice orthotics.  This chapter does not preclude a pharmacist from being reimbursed by a state-funded program for providing orthotic services.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 605 - Orthotists and Prosthetists › Subchapter H. Prohibited Practices › Section 605.351. Use of Title

Sec. 605.351.  USE OF TITLE.  A person or an employee, agent, or representative of the person may not use in connection with the person's name or business activities the terms or a combination of the terms or letters described in Section 605.301(2), indicate orally or in writing, directly or by implication, that an orthotic or prosthetic service is provided or supplied, or extend or provide orthotic or prosthetic services unless the person is an orthotist or prosthetist or an assistant to an orthotist or prosthetist licensed under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 605 - Orthotists and Prosthetists › Subchapter H. Prohibited Practices › Section 605.352. Violation of Section 102

Sec. 605.352.  VIOLATION OF SECTION 102.001.  A person licensed under this chapter is considered to have violated this chapter if the person violates Section 102.001.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.827, 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 A. General Provisions › Section 651.002. Application of Sunset Act

Sec. 651.002.  APPLICATION OF SUNSET ACT.  The Texas Funeral Service Commission is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the commission is abolished and this chapter expires September 1, 2031.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.04, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 562, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1232 (S.B. 652), Sec. 4.06, eff. June 17, 2011.
Acts 2019, 86th Leg., R.S., Ch. 124 (H.B. 1540), Sec. 8, 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 A. General Provisions › Section 651.003. Construction With Other Law

Sec. 651.003.  CONSTRUCTION WITH OTHER LAW.  (a)  This chapter does not affect the authority of the Texas Department of Banking to enforce Chapter 154, Finance Code, or to regulate perpetual care cemeteries.
(b)  The authority of the commission under Chapter 154, Finance Code, is limited to:
(1)  imposing an administrative penalty;
(2)  issuing a reprimand;  or
(3)  suspending, revoking, or probating a license issued by the commission.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 562, Sec. 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 A. General Provisions › Section 651.004. Regulation of Crematory Services

Sec. 651.004.  REGULATION OF CREMATORY SERVICES.  (a)  The commission shall regulate crematory services as provided by this chapter and Chapter 716, Health and Safety Code.
(b)  The commission may not regulate crematory services that occur after burial or inurnment unless the services relate to the care and treatment of the remains in an urn, casket, or outer enclosure.
Added by Acts 2003, 78th Leg., ch. 562, Sec. 4, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 124 (H.B. 1540), Sec. 9, 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 A. General Provisions › Section 651.005. Regulation of Willed Body Programs, Non-Transplant Anatomical Donation Organizations, and Anatomical Facilities

Sec. 651.005.  REGULATION OF WILLED BODY PROGRAMS, NON-TRANSPLANT ANATOMICAL DONATION ORGANIZATIONS, AND ANATOMICAL FACILITIES.  The commission shall regulate willed body programs, non-transplant anatomical donation organizations, and anatomical facilities as provided by Chapter 691, Health and Safety Code, and in accordance with the powers and duties granted by this chapter to the extent necessary to regulate the programs, organizations, and facilities under that chapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 961 (S.B. 2040), Sec. 1.21, eff. September 1, 2023.
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 B. Texas Funeral Service Commission › Section 651.051. Commission Membership

Sec. 651.051.  COMMISSION MEMBERSHIP.  (a)  The Texas Funeral Service Commission consists of seven members appointed by the governor, with the advice and consent of the senate as follows:
(1)  two members who are licensed as both an embalmer and a funeral director for at least the five years preceding appointment to the commission;
(2)  one member who is a crematory owner or operator; and
(3)  four members who represent the public and who:
(A)  are not regulated under this chapter; and
(B)  have consistently shown an interest in supporting consumer protection.
(b)  Appointments to the commission shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.
(c)  Each member of the commission must be a United States citizen.
(d)  Before entering on the duties of office, each commissioner shall take and subscribe to the oath of office prescribed for other state officials.  The oath shall be filed in the office of the secretary of state after having been administered under proper authority.
(e)  Each person appointed to the commission shall be furnished with a certificate of appointment by the governor that evidences that the person took the official oath of office.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.05, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 124 (H.B. 1540), Sec. 10, 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 B. Texas Funeral Service Commission › Section 651.0511. Training

Sec. 651.0511.  TRAINING.  (a)  A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as a member in attendance at a meeting of the commission until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the law governing commission operations;
(2)  the programs, functions, rules, and budget of the commission;
(3)  the scope of and limitations on the rulemaking authority of the commission;
(4)  the results of the most recent formal audit of the commission;
(5)  the requirements of:
(A)  laws relating to open meetings, public information, administrative procedure, and disclosing conflicts of interest; and
(B)  other laws applicable to members of a state policymaking body in performing their duties; and
(6)  any applicable ethics policies adopted by the commission or the Texas Ethics Commission.
(c)  A person appointed to the commission is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
(d)  The executive director of the commission shall create a training manual that includes the information required by Subsection (b).  The executive director shall distribute a copy of the training manual annually to each member of the commission.  Each member of the commission shall sign and submit to the executive director a statement acknowledging that the member received and has reviewed the training manual.
Added by Acts 2001, 77th Leg., ch. 682, Sec. 1.06, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 124 (H.B. 1540), Sec. 11, 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 B. Texas Funeral Service Commission › Section 651.052. Eligibility of Public Members

Sec. 651.052.  ELIGIBILITY OF PUBLIC MEMBERS.  (a)  A person may not be a public member of the commission if the person or the person's spouse:
(1)  is registered, certified, or licensed by a regulatory agency in the funeral service industry;
(2)  is employed by or participates in the management of a business entity or other organization regulated by or receiving money from the commission;
(3)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving money from the commission;  or
(4)  uses or receives a substantial amount of tangible goods, services, or money from the commission, other than compensation or reimbursement authorized by law for commission membership, attendance, or expenses.
(b)  A public member of the commission may not, except as a consumer:
(1)  have a financial interest in a funeral establishment;  or
(2)  be related to a person within the second degree by affinity or third degree by consanguinity, as determined under Subchapter B, Chapter 573, Government Code, who has a financial interest in a funeral establishment.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.07, 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 B. Texas Funeral Service Commission › Section 651.053. Membership and Employee Restrictions

Sec. 651.053.  MEMBERSHIP AND EMPLOYEE RESTRICTIONS.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(b)  A person may not be a member of the commission and may not be a commission employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), and its subsequent amendments, if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the funeral service industry;  or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the funeral service industry.
(c)  A person may not be a member of the commission or act as the general counsel if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the commission.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.08, 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 B. Texas Funeral Service Commission › Section 651.054. Terms; Vacancy

Sec. 651.054.  TERMS;  VACANCY.  (a)  Members of the commission serve staggered six-year terms, with the terms of one-third of the members expiring in each odd-numbered year.
(b)  The governor shall appoint a person to fill a vacancy on the commission to serve for the remainder of the unexpired term.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.374(a), eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 514 (S.B. 221), Sec. 1, eff. June 14, 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 B. Texas Funeral Service Commission › Section 651.055. Grounds for Removal

Sec. 651.055.  GROUNDS FOR REMOVAL.  (a)  The governor shall remove from the commission a commissioner whose license to practice funeral directing or embalming has been revoked or suspended.
(b)  The governor may remove a commissioner for neglect of duty, incompetence, or fraudulent or dishonest conduct.
(c)  It is a ground for removal from the commission that a member:
(1)  does not have at the time of appointment the qualifications required by Sections 651.051(a) and (c) and 651.052(a);
(2)  does not maintain during service on the commission the qualifications required by Sections 651.051(a) and (c) and 651.052(a);
(3)  violates a prohibition established by Sections 651.053(a)-(e) or 651.506(h);
(4)  cannot because of illness or disability discharge the member's duties for a substantial part of the term for which the member is appointed;  or
(5)  is absent for more than half of the regularly scheduled commission meetings that the member is eligible to attend during a calendar year unless the absence is excused by majority vote of the commission.
(d)  The validity of an action of the commission is not affected by the fact that it is taken when a ground for removal of a commission member exists.
(e)  If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the commission of the ground.  The presiding officer shall then notify the governor that a potential ground for removal exists.
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 B. Texas Funeral Service Commission › Section 651.056. Reimbursement; per Diem

Sec. 651.056.  REIMBURSEMENT;  PER DIEM.  (a)  A commissioner shall be reimbursed for necessary travel expenses incurred in performing the business of the commission.
(b)  In addition to reimbursement under Subsection (a), a commissioner shall receive a per diem allowance for each day spent by the commissioner on business of the commission not to exceed 60 days in any calendar year.
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 B. Texas Funeral Service Commission › Section 651.057. Officers

Sec. 651.057.  OFFICERS.  (a)  The governor shall designate one member of the commission as the presiding officer of the commission to serve in that capacity at the pleasure of the governor.
(b)  After 30 days' written notice is given to the commissioners, the commission shall elect from its public members an assistant presiding officer. The assistant presiding officer serves in that capacity for one year.
(c)  The presiding officer shall preside at all meetings of the commission, unless otherwise ordered, and shall exercise all duties and performances incident to the office of presiding officer.  In the absence of the presiding officer, the assistant presiding officer shall preside.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.375(a), eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 562, Sec. 5, eff. Sept. 1, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 961 (S.B. 2040), Sec. 1.22, eff. September 1, 2023.
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 B. Texas Funeral Service Commission › Section 651.058. Office Location

Sec. 651.058.  OFFICE LOCATION.  The commission's offices are located in Austin, Texas.
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 B. Texas Funeral Service Commission › Section 651.059. Meetings; Notice

Sec. 651.059.  MEETINGS;  NOTICE.  (a)  The commission shall meet in regular session in Austin at least once each calendar quarter to transact business.
(b)  The commission may hold a special meeting or hearing on the call of the presiding officer, assistant presiding officer, or three members. The person calling the special meeting or hearing shall determine the time and place of the meeting or hearing.
(c)  Notice of the time, place, and purpose of a regular meeting of the commission must be filed with the Texas Register at least seven days before the date of the meeting.  All meetings, including meetings of the committees of the members, are open and public.
(d)  The commission's duties under Chapter 551, Government Code, include the requirement under Sections 551.021 and 551.022 of that code to prepare and maintain the minutes of each open meeting.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.376(a), 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 B. Texas Funeral Service Commission › Section 651.060. Legal Representation

Sec. 651.060.  LEGAL REPRESENTATION.  (a)  The attorney general shall designate at least one employee of the attorney general's office to advise the commission and to represent the commission in legal proceedings.
(b)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 514, Sec. 2, and Ch. 364, Sec. 1, eff. June 14, 2013.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.377(a), eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 364 (H.B. 2710), Sec. 1, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 514 (S.B. 221), Sec. 2, eff. June 14, 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 C. Executive Director and Personnel › Section 651.101. Executive Director; Bond

Sec. 651.101.  EXECUTIVE DIRECTOR;  BOND.  (a)  The commission shall employ and supervise an executive director to manage the administrative affairs of the commission under this chapter.  The commission shall determine the terms and conditions of the executive director's employment and set the executive director's salary at an amount not to exceed the maximum salary for the position as set in the General Appropriations Act.  In the absence of an executive director, the commission may appoint an acting executive director.
(b)  Repealed by Acts 2003, 78th Leg., ch. 285, Sec. 31(38).
(c)  The commission may delegate the commissioners' duties to the executive director.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.377(b), eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 285, Sec. 31(38), 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 C. Executive Director and Personnel › Section 651.102. Personnel

Sec. 651.102.  PERSONNEL.  The commission may employ inspectors and clerical and technical assistants as the commission determines to be necessary to administer this chapter.  The commission shall determine the terms and expenses of its employees.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.377(c), 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 C. Executive Director and Personnel › Section 651.103. Investigators

Sec. 651.103.  INVESTIGATORS.  The commission shall employ one or more persons to investigate complaints received by the commission, including consumer interest complaints.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.378(a), 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 C. Executive Director and Personnel › Section 651.104. Division of Responsibilities

Sec. 651.104.  DIVISION OF RESPONSIBILITIES.  The commission shall develop and implement policies that clearly separate the policy-making responsibilities of the commission and the management responsibilities of the executive director and staff of the commission.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.09, 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 C. Executive Director and Personnel › Section 651.105. Qualifications and Standards of Conduct Information

Sec. 651.105.  QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION.  The commission shall provide to its members and employees, as often as necessary, information regarding their:
(1)  qualifications for office or employment under this chapter;  and
(2)  responsibilities under applicable laws relating to the standards of conduct for state officers or employees.
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 C. Executive Director and Personnel › Section 651.106. Career Ladder Program; Performance Evaluations

Sec. 651.106.  CAREER LADDER PROGRAM;  PERFORMANCE EVALUATIONS.  (a)  The executive director or the executive director's designee shall develop an intra-agency career ladder program.  The program must require intra-agency posting of all nonentry-level positions concurrently with any public posting.
(b)  The executive director or the executive director's designee shall develop a system of annual performance evaluations.  All merit pay for commission employees must be based on the system established under this subsection.
(c)  The programs required under Subsections (a) and (b) must cover an annual period, be updated at least annually, and be filed with the governor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.379(a), eff. Sept. 1, 2001.