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 J. Prohibited Practices › Section 651.460. Prohibited Practices Related to Failure to Comply With Other Legal Requirements

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

Sec. 651.461.  DEFENSE TO VIOLATION.  A person licensed under this chapter does not violate this chapter by engaging in conduct regarding funeral arrangements under the direction of a person who:
(1)  represents to the license holder that the person is authorized to make funeral arrangements for the deceased; and
(2)  provides written directions to the license holder in the manner provided by Section 711.002, Health and Safety Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 263 (H.B. 1468), Sec. 30, eff. September 1, 2009.
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 K. Disciplinary Actions and Procedures and License Denials › Section 651.501. General Disciplinary Powers of Commission

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

Sec. 651.5011.  CHARGING FUNERAL DIRECTOR IN CHARGE WITH VIOLATION.  In determining whether to charge a funeral director in charge with a violation based on conduct for which a licensed employee of the funeral establishment was directly responsible, the commission may consider:
(1)  the nature and seriousness of the violation;
(2)  the extent to which the licensed employee of the funeral establishment whose conduct is the basis of the violation was under the direct supervision of the funeral director in charge or another person at the time the licensed employee engaged in the conduct; and
(3)  the causal connection between the supervision of the licensed employee of the funeral establishment by the funeral director in charge and the conduct engaged in by the licensed employee that is the basis of the violation.
Added by Acts 2011, 82nd Leg., R.S., Ch. 634 (S.B. 864), Sec. 3, eff. September 1, 2011.
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 K. Disciplinary Actions and Procedures and License Denials › Section 651.502. License Denial; Effect of Criminal Conviction

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

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

Sec. 651.503.  WARNING;  REPORT BY LICENSE HOLDER.  (a)  The commission shall issue a written warning to a license holder if the commission:
(1)  conducts an investigation that identifies a violation of this chapter by the license holder;  and
(2)  does not issue a reprimand, assess an administrative penalty, or impose any other penalty against the license holder.
(b)  The warning must:
(1)  describe the identified violation;  and
(2)  state the date by which the license holder must file with the commission a written report that describes:
(A)  the measures implemented by the license holder to correct the violation;  and
(B)  the dates those measures were implemented.
(c)  The commission shall assess an administrative penalty against a license holder who fails to timely file the report.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
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 K. Disciplinary Actions and Procedures and License Denials › Section 651.504. Reprimand

Sec. 651.504.  REPRIMAND.  The commission may, after a hearing as provided by Section 651.506 or without a hearing if the person waives a hearing, reprimand a person regulated under this chapter if the commission determines that the person violated this chapter or a rule adopted under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.387(a), eff. Sept. 1, 2001.
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 K. Disciplinary Actions and Procedures and License Denials › Section 651.505. Probation

Sec. 651.505.  PROBATION.  (a)  If the commission places on probation a person whose license has been suspended, the commission may impose conditions on the probation that are reasonable and related to the violation for which the license was suspended.  If the commission orders probation, the commission may require the license holder to:
(1)  report regularly to the commission on matters that are the basis of the probation;
(2)  limit practice to the areas prescribed by the commission;  or
(3)  continue or renew professional education until the license holder attains a degree of skill satisfactory to the commission in those areas that are the basis of the probation.
(b)  The commission shall notify in writing a license holder placed on probation of the probation.  The commission shall furnish the license holder with written probationary orders that detail the actions required by the commission of the license holder during the probation period.
(c)  The commission shall develop and adopt a system to:
(1)  monitor the actions of a license holder during the probation period;  and
(2)  determine whether the license holder has complied with the probationary orders.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
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 K. Disciplinary Actions and Procedures and License Denials › Section 651.506. Disciplinary Proceedings; Hearing Proceedings

Sec. 651.506.  DISCIPLINARY PROCEEDINGS;  HEARING PROCEEDINGS.  (a)  A proceeding conducted by the commission relating to the denial of a license or provisional license, the suspension or revocation of a license, the issuance of a reprimand, or the imposition of an administrative penalty assessed after a hearing as provided by Section 651.551 and judicial review of the proceeding are governed by Chapter 2001, Government Code.
(b)  A proceeding brought under Subsection (a) shall be held before an administrative law judge employed by the State Office of Administrative Hearings.
(c)  In the course of a proceeding, the administrative law judge may:
(1)  administer an oath;
(2)  take testimony;
(3)  rule on a question of evidence;
(4)  make a determination of fact;  or
(5)  order compliance with a proper discovery request.
(d)  The commission shall provide the administrative law judge with a written statement of all commission rules or policies that govern the proceeding.
(e)  At the conclusion of the proceeding, the administrative law judge shall make a ruling on the matter accompanied by written findings of fact and conclusions of law.
(f)  The commission shall review the findings of fact, conclusions of law, and ruling of the administrative law judge before making its final ruling in the proceeding.  The commission may also review a transcript of the proceeding before making its final ruling.  The commission shall adopt the ruling of the administrative law judge as its ruling unless it finds good cause to issue a different ruling.  The commission shall explain in writing the reasons for adopting a ruling other than the one issued by the administrative law judge.
(g)  The commission shall inform each interested person, including a person filing the complaint, of the right to obtain at that person's cost a tape or transcript of a hearing or proceeding under this section.
(h)  A member or agent of the commission who carries out the functions of the commission and is assigned to make a decision, finding of fact, or conclusion of law in a proceeding pending before the commission may not communicate directly or indirectly with a party to the proceeding or a party's representative unless notice and an opportunity to participate is given to all parties to the proceeding.
(i)  Repealed by Acts 2001, 77th Leg., ch. 682, Sec. 3.01(a), eff. Sept. 1, 2001.
(j)  Repealed by Acts 2003, 78th Leg., ch. 562, Sec. 42(4).
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;  Acts 2001, 77th Leg., ch. 1420, Sec. 14.388, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 562, Sec. 42(4), 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 K. Disciplinary Actions and Procedures and License Denials › Section 651.5061. Waiver of Hearing by Funeral or Crematory Establishment

Sec. 651.5061.  WAIVER OF HEARING BY FUNERAL OR CREMATORY ESTABLISHMENT.  A funeral or crematory establishment alleged to have violated this chapter or a rule adopted under this chapter may waive the right to a hearing as provided by Section 651.506 by written notification to the commission.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.388(b), eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 178, 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 K. Disciplinary Actions and Procedures and License Denials › Section 651.507. Effect of Multiple Violations

Sec. 651.507.  EFFECT OF MULTIPLE VIOLATIONS.  (a)  The commission or an administrative law judge employed by the State Office of Administrative Hearings shall review each disciplinary proceeding to determine whether the license holder has previously violated the same provision of this chapter or rule adopted under this chapter.  If it is determined that the license holder has previously violated the same provision of this chapter or rule adopted under this chapter, the commission or administrative law judge shall impose a disciplinary action that is more severe than that imposed on the previous occasion.
(b)  In a disciplinary proceeding involving multiple violations of this chapter, the commission or the administrative law judge shall impose a disciplinary action that is more severe than the disciplinary action that would be imposed cumulatively for each of the individual violations.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.390(a), eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 263 (H.B. 1468), Sec. 31, 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 K. Disciplinary Actions and Procedures and License Denials › Section 651.508. Enforcement of Law Regulating Crematories

Sec. 651.508.  ENFORCEMENT OF LAW REGULATING CREMATORIES.  For purposes of this subchapter, a person regulated under this chapter that violates Chapter 716, Health and Safety Code, violates this chapter.
Added by Acts 2003, 78th Leg., ch. 178, Sec. 4, 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 L. Administrative Penalties › Section 651.551. Assessment of Administrative Penalty

Sec. 651.551.  ASSESSMENT OF ADMINISTRATIVE PENALTY.  (a)  The commission may assess an administrative penalty against a person regulated under this chapter if the commission determines that the person has violated this chapter or a rule adopted under this chapter.
(b)  The penalty may be assessed in the manner provided by this subchapter or after a hearing under Section 651.506.  If an administrative penalty is assessed after a hearing under Section 651.506, the commission shall follow the procedures described in Sections 651.555 through 651.558.
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 L. Administrative Penalties › Section 651.5515. Penalty Guidelines

Sec. 651.5515.  PENALTY GUIDELINES.  (a)  The commission by rule shall adopt guidelines that define and summarize the violations that occur under this subchapter to assist the commission in maintaining consistency in determining the amount of an administrative penalty assessed under Section 651.552.  Using those guidelines and the summary, the commission shall establish and maintain a chart that lists:
(1)  the most common violations;
(2)  the penalty amounts assessed for those violations;  and
(3)  the factors used to grade each type of violation before determining the penalty amount under Section 651.552.
(b)  The commission shall consider using focus groups to obtain business and consumer input to match appropriate penalties to violations before proposing the rules under this section.
(c)  The commission shall post the guidelines on the commission's Internet site.
Added by Acts 2001, 77th Leg., ch. 682, Sec. 1.29, 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 L. Administrative Penalties › Section 651.552. Amount of Penalty

Sec. 651.552.  AMOUNT OF PENALTY.  (a)  The amount of the administrative penalty shall be not less than $100 or more than $5,000 for each violation.
(b)  In determining the amount of the penalty, the commission shall base its decision on:
(1)  the seriousness of the violation;
(2)  the threat the violation poses to health and safety;
(3)  the history of previous violations;
(4)  the amount necessary to deter a future violation;
(5)  efforts made to correct the violation;
(6)  the guidelines adopted under Section 651.5515;  and
(7)  any other matter that justice requires.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.30, 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 L. Administrative Penalties › Section 651.553. Report and Notice of Violation and Penalty

Sec. 651.553.  REPORT AND NOTICE OF VIOLATION AND PENALTY.  (a)  If, after examining a possible violation and the facts relating to that violation, the commission determines that a violation has occurred, the commission shall issue a preliminary report stating:
(1)  the facts on which the determination is based;
(2)  that an administrative penalty is to be imposed;  and
(3)  the amount of the penalty.
(b)  Not later than the 10th day after the date the report is issued, the commission shall send to the person charged with the violation:
(1)  a copy of the report;
(2)  a statement of the right of the person to a hearing relating to the alleged violation;
(3)  a statement of the amount of the penalty;  and
(4)  an explanation for any significant deviation from the penalty amount assessed for similar violations.
(c)  Until a hearing has been held on the possible violation, the amount to be assessed may be disclosed only to the person charged with the violation, unless that person has waived the right to a hearing or paid the amount to the commission.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.31, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1420, Sec. 14.389(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 L. Administrative Penalties › Section 651.554. Penalty to Be Paid or Hearing Requested

Sec. 651.554.  PENALTY TO BE PAID OR HEARING REQUESTED.  (a)  Not later than the 30th day after the date the preliminary report is sent, the person charged may:
(1)  make a written request for a hearing;  or
(2)  pay the administrative penalty to the commission.
(b)  Failure to request a hearing or pay the penalty within the time provided by this section waives the right to a hearing under this chapter.  If the right to a hearing is waived, the penalty is due not later than the 30th day after the date the preliminary report is sent.
(c)  If the person fails to timely pay the penalty, the person's license is automatically suspended for six months.
(d)  If the person requests a hearing, the hearing shall be conducted in the manner provided by Section 651.506.
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 L. Administrative Penalties › Section 651.555. Options After Decision: Pay or Appeal

Sec. 651.555.  OPTIONS AFTER DECISION:  PAY OR APPEAL.  (a)  If an administrative penalty is assessed after a hearing conducted under Section 651.506, not later than the 30th day after the date the order is sent or a motion for rehearing is denied, the person charged shall:
(1)  pay the penalty;  or
(2)  without paying the penalty, file a petition for judicial review contesting the fact of the violation, the amount of the penalty, or both.
(b)  Not later than the 30-day period, a person who acts under Subsection (a)(2) must, if the penalty that the person wishes to contest is greater than $5,000:
(1)  post a supersedeas bond in a form approved by the commission for the amount of the penalty;  or
(2)  if the person cannot afford to pay the penalty or file the bond, file an affidavit in the manner required by the Texas Rules of Civil Procedure for a person who cannot afford to file security for costs.
(c)  The commission may file a contest, as provided by the Texas Rules of Civil Procedure, to an affidavit filed under Subsection (b)(2).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.389(b), 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 L. Administrative Penalties › Section 651.556. Collection of Penalty

Sec. 651.556.  COLLECTION OF PENALTY.  On the commission's request, the attorney general shall bring a civil action to recover an administrative penalty owed 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 L - Crematory Services, Funeral Directing, and Embalming › Chapter 651 - Crematory Services, Funeral Directing, and Embalming › Subchapter L. Administrative Penalties › Section 651.557. Remittance of Penalty

Sec. 651.557.  REMITTANCE OF PENALTY.  If, after judicial review, the court determines that a violation did not occur, the court shall order, when the court's judgment becomes final, the release of the bond if the person gave a supersedeas bond.  If the person gave a supersedeas bond and the amount of the penalty is reduced, the court shall order the release of the bond after the person pays the reduced amount.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.389(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 L. Administrative Penalties › Section 651.558. License Suspension for Failure to Comply

Sec. 651.558.  LICENSE SUSPENSION FOR FAILURE TO COMPLY.  (a)  The commission shall suspend for six months the license of a person who fails to pay an administrative penalty or post a supersedeas bond within the time required by Section 651.555, or within a longer period agreed to by the commission.
(b)  After notice and a hearing, the commission may extend the license suspension for a longer period or may revoke the license for failure to pay the penalty or post a supersedeas bond.
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 L. Administrative Penalties › Section 651.559. Enforcement of Law Regulating Crematories

Sec. 651.559.  ENFORCEMENT OF LAW REGULATING CREMATORIES.  For purposes of this subchapter, a person regulated under this chapter that violates Chapter 716, Health and Safety Code, violates this chapter.
Added by Acts 2003, 78th Leg., ch. 178, Sec. 5, 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 M. Other Penalties and Enforcement Provisions › Section 651.601. Injunction

Sec. 651.601.  INJUNCTION.  (a)  The commission in its own name or an adversely affected party may bring an action for appropriate injunctive relief against a funeral establishment, an embalmer, or a funeral director who violates this chapter or a rule adopted under this chapter.
(a-1)  The commission may bring an action for appropriate injunctive relief against a crematory establishment that violates this chapter or a rule adopted under this chapter.
(a-2)  The commission may bring an action for appropriate injunctive relief against a person who is not licensed under this chapter to enjoin a violation of this chapter or a rule adopted under this chapter.
(b)  In an action brought by the commission, the commission shall be represented by the attorney general or a county or district attorney.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.391(a), eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 178, Sec. 6, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 124 (H.B. 1540), Sec. 32, 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 M. Other Penalties and Enforcement Provisions › Section 651.602. Criminal Penalty

Sec. 651.602.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person:
(1)  acts or holds the person out as a funeral director, embalmer, or provisional license holder without being licensed under this chapter;
(2)  makes a first call in a manner that violates Section 651.401;
(3)  is a funeral director, embalmer, or provisional license holder and engages in a funeral practice that violates this chapter or a rule adopted under this chapter;  or
(4)  violates Chapter 154, Finance Code, or a rule adopted under that chapter, regardless of whether the Texas Department of Banking or another governmental agency takes action relating to the violation.
(b)  An offense under this section is a Class B misdemeanor.
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 M. Other Penalties and Enforcement Provisions › Section 651.603. Refund

Sec. 651.603.  REFUND.  (a)  The commission may order a license holder to pay a refund to a person harmed by the license holder's violation of this chapter or failure to fulfill the terms of a purchase agreement with the person.
(b)  The amount of a refund ordered under this section may not exceed the actual amount paid by the person to the license holder.
Added by Acts 2019, 86th Leg., R.S., Ch. 124 (H.B. 1540), Sec. 33, 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 N. Licensing Requirements: Crematories › Section 651.651. Definitions

Sec. 651.651.  DEFINITIONS.  In this subchapter:
(1)  "Cremation" means the irreversible process of reducing human remains to bone fragments through direct flame, extreme heat, and evaporation.  The term may include pulverization, which is the process of reducing identifiable bone fragments after cremation and processing granulated particles by manual or mechanical means.
(2)  "Crematory establishment" means a business licensed under this subchapter to operate a crematory and to perform cremation services.
(3)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 263, Sec. 33(2), eff. September 1, 2009.
Added by Acts 2001, 77th Leg., ch. 682, Sec. 1.32, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 178, Sec. 8, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 263 (H.B. 1468), Sec. 33(2), 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 N. Licensing Requirements: Crematories › Section 651.652. Applicability

Sec. 651.652.  APPLICABILITY.  (a)  This subchapter applies only to a crematory that sells goods or services related to the burial or final disposition of a body.
(b) Repealed by Acts 2003, 78th Leg., R.S., Ch. 562, Sec. 44, eff. March 1, 2004.
Added by Acts 2001, 77th Leg., ch. 682, Sec. 1.32, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 178, Sec. 9, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 562, Sec. 31, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 562, Sec. 44, eff. March 1, 2004.
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 N. Licensing Requirements: Crematories › Section 651.656. Crematory Establishment License Required

Sec. 651.656.  CREMATORY ESTABLISHMENT LICENSE REQUIRED.  (a)  A person may not conduct a crematory business in this state unless the person who is the owner or operator of the crematory holds a crematory establishment license issued by the commission.
(b)  A person may not hold a crematory establishment license unless the person:
(1)  holds a funeral establishment or commercial embalmers establishment license; or
(2)  owns or operates a perpetual care cemetery.
(c)  Subsection (b) does not apply to the owner or operator of a crematory registered with the commission on September 1, 2003.
(d)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 263, Sec. 33(2), eff. September 1, 2009.
Added by Acts 2003, 78th Leg., ch. 178, Sec. 14, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 596 (H.B. 56), Sec. 1, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 263 (H.B. 1468), Sec. 33(2), 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 N. Licensing Requirements: Crematories › Section 651.657. Crematory Establishment License Application

Sec. 651.657.  CREMATORY ESTABLISHMENT LICENSE APPLICATION.  (a)  An applicant for a crematory establishment license must:
(1)  submit a written license application to the commission;
(2)  pay the application fee;  and
(3)  provide proof satisfactory to the commission that the owner or operator of the crematory is trained and certified by a reputable organization approved by the commission, such as the Cremation Association of North America.
(b)  An application for a license or renewal of a license as a crematory establishment must include:
(1)  the full business name of the crematory establishment;
(2)  the address of:
(A)  the applicant if the business is owned by an individual;
(B)  each partner if the business is a partnership;
(C)  each member of the board of directors if the business is an association;  or
(D)  each shareholder who owns more than 25 percent of the corporate stock and each officer and director if the business is a corporation;
(3)  a statement from each individual named under Subdivision (2) that details:
(A)  the individual's business experience for the previous 10 years;
(B)  any felony or misdemeanor conviction of the individual;
(C)  any involvement of the individual as a defendant in a civil action involving allegations of fraud;  and
(D)  a suspension by this state or any other state of any license related to funeral directing or the operation of a cemetery or crematory;
(4)  the location of the crematory;  and
(5)  the date the business was established.
(c)  An application for a license or renewal of a license must be on a form furnished by the commission.
(d)  The application form for renewal of a license as a crematory establishment must allow the applicant to provide a written statement that the information previously provided to the commission under Subsection (b) has not changed, if applicable.
Added by Acts 2003, 78th Leg., ch. 178, Sec. 14, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 124 (H.B. 1540), Sec. 34, 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 N. Licensing Requirements: Crematories › Section 651.658. Crematory Establishment License Renewal and Annual Report; Penalty

Sec. 651.658.  CREMATORY ESTABLISHMENT LICENSE RENEWAL AND ANNUAL REPORT; PENALTY.
(a)  A crematory establishment must annually file a report with the commission that lists the number of cremations performed at the crematory during the previous year.
(a-1)  An applicant for renewal of a crematory establishment license shall apply to the commission and pay the required fee.
(b)  The commission shall mail written notice to a license holder of the impending expiration of the license not later than the 30th day before the expiration date of the license.  The notice must state that to renew the license, the license holder must pay the renewal fee not later than the date on which the license expires.
(c)  A license holder who fails to pay the renewal fee on or before the expiration date is subject to a late payment penalty equal to the amount of the renewal fee.
(d)  If the license is expired for longer than 30 days, the crematory establishment may not operate a crematory until the renewal fee and late payment penalty are paid.
(e)  The commission shall grant an extension for filing the annual report required by this section on the written request of a crematory establishment for good cause.  An extension may not exceed 60 days.  The commission may grant additional extensions for good cause.
(f)  The commission shall impose a late fee in an amount provided by rule for each day a crematory establishment fails to submit the annual report required by this section if an extension has not been granted.
Added by Acts 2003, 78th Leg., ch. 178, Sec. 14, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 263 (H.B. 1468), Sec. 32, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 124 (H.B. 1540), Sec. 35, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 701 - Dietitians › Subchapter A. General Provisions › Section 701.001. Short Title

Sec. 701.001.  SHORT TITLE.  This chapter may be cited as the Licensed Dietitian Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 701 - Dietitians › Subchapter A. General Provisions › Section 701.002. Definitions

Sec. 701.002.  DEFINITIONS.  In this chapter:
(1)  "Advisory board" means the Dietitians Advisory Board.
(1-a)  "Commission" means the Texas Commission of Licensing and Regulation.
(2)  "Department" means the Texas Department of Licensing and Regulation.
(3)  "Dietetics" means the professional discipline of applying and integrating scientific principles of food, nutrition, biochemistry, physiology, management, and behavioral and social sciences under different health, social, cultural, physical, psychological, and economic conditions for the proper nourishment, care, and education of an individual or group throughout the life cycle to achieve and maintain human health.  The term includes the development, management, and provision of nutrition services.
(4)  "Executive director" means the executive director of the department.
(5)  "Licensed dietitian" means a person licensed under this chapter.
(6)  "Nutrition assessment" means evaluating the nutritional needs of an individual or group based on appropriate biochemical, anthropometric, physical, and dietary data to determine nutrient needs and recommend appropriate nutritional intake, including enteral and parenteral nutrition.
(7)  "Nutrition counseling" means advising and assisting an individual or group on appropriate nutritional intake by integrating information from a nutrition assessment with information on food and other sources of nutrients and meal preparation consistent with cultural background and socioeconomic status.
(8)  "Nutrition services" means:
(A)  assessing the nutritional needs of an individual or group and determining constraints and resources in the practice;
(B)  establishing priorities and goals that meet nutritional needs and are consistent with constraints and available resources;
(C)  providing nutrition counseling in health and disease;
(D)  developing, implementing, and managing nutritional care systems;  or
(E)  evaluating, changing, and maintaining appropriate quality standards in food and nutritional care services.
(9)  "Provisional licensed dietitian" means a person provisionally licensed under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 147 (H.B. 1155), Sec. 1, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.191, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 701 - Dietitians › Subchapter B. Dietitians Advisory Board › Section 701.051. Dietitians Advisory Board Membership

Sec. 701.051.  DIETITIANS ADVISORY BOARD MEMBERSHIP.  (a)  The advisory board consists of nine members appointed by the presiding officer of the commission with the approval of the commission as follows:
(1)  six licensed dietitian members, each of whom has been licensed under this chapter for not less than three years before the member's date of appointment; and
(2)  three members who represent the public.
(b)  In appointing dietitian members to the advisory board, the presiding officer of the commission shall attempt to maintain balanced representation among the following primary areas of expertise included in the professional discipline of dietetics:
(1)  clinical;
(2)  educational;
(3)  management;
(4)  consultation; and
(5)  community.
(c)  Appointments to the advisory board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.
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. 1.193, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 701 - Dietitians › Subchapter B. Dietitians Advisory Board › Section 701.0511. Duties of Advisory Board

Sec. 701.0511.  DUTIES OF ADVISORY BOARD.  The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration of this chapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.194, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 701 - Dietitians › Subchapter B. Dietitians Advisory Board › Section 701.054. Terms; Vacancies

Sec. 701.054.  TERMS; VACANCIES.  (a)  Members of the advisory board serve staggered six-year terms.  The terms of three members begin on September 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 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.195, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 701 - Dietitians › Subchapter B. Dietitians Advisory Board › Section 701.057. Presiding Officer

Sec. 701.057.  PRESIDING OFFICER.   The presiding officer of the commission shall designate a member of the advisory board as the presiding officer of the advisory board to serve 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 2005, 79th Leg., Ch. 147 (H.B. 1155), Sec. 7, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.196, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 701 - Dietitians › Subchapter B. Dietitians Advisory Board › Section 701.058. Meetings

Sec. 701.058.  MEETINGS.  The advisory board shall meet at the call of the presiding officer of the commission or the executive director.
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. 1.197, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 701 - Dietitians › Subchapter D. Powers and Duties › Section 701.151. General Powers and Duties

Sec. 701.151.  GENERAL POWERS AND DUTIES.  (a)  The executive director shall administer and enforce this chapter.
(b)  The commission or the department, as appropriate, shall:
(1)  adopt and publish a code of ethics;
(2)  establish the qualifications and fitness of applicants for licenses, including renewed and reciprocal licenses; and
(3)  request and receive any necessary assistance from state educational institutions or other state agencies.
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. 1.198, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1144 (H.B. 2847), Sec. 12.001, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle M - Regulation of Other Health Professions › Chapter 701 - Dietitians › Subchapter D. Powers and Duties › Section 701.1511. Registry

Sec. 701.1511.  REGISTRY.  The department shall prepare a registry of licensed dietitians and provisional licensed dietitians and make the registry available to the public, license holders, and appropriate state agencies.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.199, eff. September 1, 2015.