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 C. Executive Director and Personnel › Section 651.107. Equal Employment Opportunity Policy; Report

Sec. 651.107.  EQUAL EMPLOYMENT OPPORTUNITY POLICY;  REPORT.  (a)  The executive director or the executive director's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure that all personnel decisions are made without regard to race, color, disability, sex, religion, age, or national origin.
(b)  The policy statement must include:
(1)  personnel policies, including policies relating to recruitment, evaluation, selection, training, and promotion of personnel, that show the intent of the commission to avoid the unlawful employment practices described by Chapter 21, Labor Code;  and
(2)  an analysis of the extent to which the composition of the commission's personnel is in accordance with federal and state law and a description of reasonable methods to achieve compliance with federal and state law.
(c)  The policy statement must:
(1)  be updated at least annually;
(2)  be reviewed by the state Commission on Human Rights for compliance with Subsection (b)(1); and
(3)  be filed with the governor's office.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.10, 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 D. Commission Powers and Duties › Section 651.151. General Powers and Duties

Sec. 651.151.  GENERAL POWERS AND DUTIES.  (a)  The commission shall establish proficiency, professionalism, ethics, and qualification standards for individuals issued a license under this chapter.
(b)  The commission shall examine each applicant for a funeral director's license, embalmer's license, or provisional license and shall issue the appropriate license to a person who meets the licensing requirements.
(c)  The commission may appoint a committee from its members to consider and make a recommendation on a matter referred to the committee by the commission.
(d)  The commission may appoint advisory committees to perform the advisory functions assigned to the committees by the commission.  An advisory committee appointed under this subsection is subject to Chapter 2110, Government Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 562, Sec. 6, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 124 (H.B. 1540), Sec. 12, 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 D. Commission Powers and Duties › Section 651.152. Rules; Procedures; Forms

Sec. 651.152.  RULES;  PROCEDURES;  FORMS.  The commission shall adopt rules, establish procedures, and prescribe forms necessary to administer and enforce this chapter and Chapters 714 and 715, Health and Safety Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 562, Sec. 7, 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 D. Commission Powers and Duties › Section 651.1525. Early Participation in Rulemaking Process; Guidelines

Sec. 651.1525.  EARLY PARTICIPATION IN RULEMAKING PROCESS;  GUIDELINES.  (a)  Before publishing a proposed rule for public comment, the commission shall seek advice and opinions from persons who will be most affected by the rule.  At a minimum, those persons must include consumer groups and trade associations that represent persons from each group regulated by the commission, including funeral directors and crematory operators.
(b)  The commission shall develop guidelines to implement this section.  The guidelines must establish a method to determine who will be most affected by a proposed rule.
Added by Acts 2003, 78th Leg., ch. 562, Sec. 8, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 124 (H.B. 1540), Sec. 13, 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 D. Commission Powers and Duties › Section 651.153. Rules Restricting Advertising or Competitive Bidding

Sec. 651.153.  RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING.  (a)  The commission may not adopt rules restricting advertising or competitive bidding by a person regulated by the commission except to prohibit false, misleading, or deceptive practices by the person.
(b)  The commission may not include in its rules to prohibit false, misleading, or deceptive practices by a person regulated by the commission a rule that:
(1)  restricts the use of any medium for advertising;
(2)  restricts the person's personal appearance or use of the person's voice in an advertisement;
(3)  relates to the size or duration of an advertisement by the person;  or
(4)  restricts the person's advertisement under a trade name.
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 D. Commission Powers and Duties › Section 651.154. Fees

Sec. 651.154.  FEES.
(a)  The commission by rule shall establish fees in amounts reasonable and necessary to cover the costs of administering this chapter.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 124 (H.B. 1540), Sec. 36(1), eff. September 1, 2019.
(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 124 (H.B. 1540), Sec. 36(1), eff. September 1, 2019.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 562, Sec. 9, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 263 (H.B. 1468), Sec. 19, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 124 (H.B. 1540), Sec. 14, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 124 (H.B. 1540), Sec. 36(1), eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle L - Crematory Services, Funeral Directing, and Embalming › Chapter 651 - Crematory Services, Funeral Directing, and Embalming › Subchapter D. Commission Powers and Duties › Section 651.155. Fee Exemption for Military Service

Sec. 651.155.  FEE EXEMPTION FOR MILITARY SERVICE.  (a)  On presentation to the commission of evidence as prescribed by the commission, a license holder or provisional license holder actively engaged in the military service of the United States is exempt from the payment of license fees for the duration of the holder's military service or from the amount of fees and for the time the commission considers advisable.
(b)  The commission may not consider the period of military service in determining whether a funeral director's license or embalmer's license is revoked, suspended, or lapsed.
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 D. Commission Powers and Duties › Section 651.156. Subpoena

Sec. 651.156.  SUBPOENA.  (a)  The commission may issue a subpoena or subpoena duces tecum.
(b)  The subpoena or subpoena duces tecum must be served by personal service or certified mail, return receipt requested.
(c)  The commission by rule shall establish standards that enable the executive director to issue subpoenas and subpoenas duces tecum in connection with a complaint under investigation by the commission.
(d)  A subpoena or subpoena duces tecum issued under this section is not effective unless it is issued in compliance with:
(1)  state and federal law; and
(2)  commission rules adopted under Subsection (c).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.380(a), eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 263 (H.B. 1468), Sec. 20, 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 D. Commission Powers and Duties › Section 651.157. Inspection of Crematory or Funeral Establishment

Sec. 651.157.  INSPECTION OF CREMATORY OR FUNERAL ESTABLISHMENT.  (a)  Except as provided by Subsection (b), a licensed crematory or funeral establishment shall be inspected at least once every three years by an agent of the commission or by an agent of the state or a political subdivision authorized by the commission to make inspections on its behalf.
(b)  If the commission finds a violation of this chapter or of Chapter 193, 361, 711, 714, 715, or 716, Health and Safety Code, the commission shall inspect the crematory or funeral establishment annually until the commission determines that the establishment is free of violations.
(c)  A report of each inspection made under this section shall be filed with the commission.
(d)  The commission by rule shall establish:
(1)  procedures for the inspection of a crematory or funeral establishment required by this section; and
(2)  criteria, including consideration of the establishment's inspection and complaint history, regarding when the commission should inspect an establishment based on the risk of a violation at an establishment.
(e)  A premises on which funeral directing, interment, cremation, or embalming is practiced shall be open at all times to inspection for any violation of this chapter or of Chapter 193, 361, or 716, Health and Safety Code, by:
(1)  an agent of the commission;
(2)  an authorized agent of the state; or
(3)  an authorized agent of the county or municipality in which the premises is located.
(f)  Before a commission agent inspects a crematory or funeral establishment, the agent shall review the inspection reports filed with the commission on the establishment.  During the inspection, the agent shall determine whether previously identified problems have been corrected and whether a pattern of violations exists.  The commission shall consider the information from the inspection reports in determining whether a penalty should be imposed against an establishment.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.11, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 562, Sec. 10, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 124 (H.B. 1540), Sec. 15, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 124 (H.B. 1540), Sec. 16, 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 D. Commission Powers and Duties › Section 651.158. Inspection of Certain Facilities

Sec. 651.158.  INSPECTION OF CERTAIN FACILITIES.  (a)  The commission may require a funeral establishment that has solid waste disposal and sanitation facilities that have not been inspected by the Texas Department of Health to obtain inspection of those facilities by an entity other than the Texas Department of Health.
(b)  The commission by rule shall establish procedures for an inspection required under this section.
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 D. Commission Powers and Duties › Section 651.159. Memorandum of Understanding: Prepaid Funeral Services

Sec. 651.159.  MEMORANDUM OF UNDERSTANDING:  PREPAID FUNERAL SERVICES.  (a)  The commission, the Texas Department of Insurance, and the Texas Department of Banking shall adopt a joint memorandum of understanding relating to prepaid funeral services and transactions.  The memorandum must:
(1)  outline the responsibilities of each agency in regulating prepaid funeral services and transactions;
(2)  establish procedures to be used by each agency in:
(A)  referring a complaint to one of the other agencies;
(B)  investigating a complaint;  and
(C)  notifying the other agencies of a complaint or a complaint investigation;
(3)  specify:
(A)  an action the agencies regard as a deceptive trade practice;  and
(B)  the information the agencies provide consumers and when that information is to be provided;  and
(4)  set the administrative penalty each agency imposes for a violation.
(b)  Not later than the last month of each state fiscal year, the commission and the other agencies shall review and update the memorandum of understanding.
(c)  Each agency by rule shall adopt the memorandum of understanding and any revision to the memorandum.
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 D. Commission Powers and Duties › Section 651.160. Memorandum of Understanding: Funeral Establishment Requirements

Sec. 651.160.  MEMORANDUM OF UNDERSTANDING:  FUNERAL ESTABLISHMENT REQUIREMENTS.  (a)  The commission and the Texas Department of Health shall adopt a joint memorandum of understanding that:
(1)  outlines the responsibilities of each agency in enforcing requirements under Chapters 193 and 361, Health and Safety Code, that affect funeral establishments;
(2)  establishes procedures by which each agency:
(A)  may refer a complaint to the other;  and
(B)  will notify the other of a violation by a funeral establishment of Chapter 193 or 361, Health and Safety Code;  and
(3)  coordinates inspection and enforcement efforts by both agencies for measures that a funeral establishment is required to implement under Chapters 193 and 361, Health and Safety Code.
(b)  Not later than the last month of each state fiscal year, the commission and the Texas Department of Health shall review and update the memorandum of understanding.
(c)  Each agency by rule shall adopt the memorandum of understanding and any revision to the memorandum.
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 D. Commission Powers and Duties › Section 651.162. Annual Report

Sec. 651.162.  ANNUAL REPORT.  (a)  The commission shall prepare a written annual report describing the activities of the commission during the preceding fiscal year. The report must include information regarding:
(1)  licensing, inspection, and enforcement activities;
(2)  changes to commission policies; and
(3)  complaint information.
(b)  The commission shall post the report on the commission's Internet website.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.382(a), eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(154), eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 89, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 124 (H.B. 1540), Sec. 17, eff. September 1, 2020.
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 D. Commission Powers and Duties › Section 651.163. Request for Attorney General's Opinion

Sec. 651.163.  REQUEST FOR ATTORNEY GENERAL'S OPINION.  A request for an opinion under Subchapter C, Chapter 402, Government Code, must be approved by the commissioners.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.383(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 D. Commission Powers and Duties › Section 651.164. License Expiration; Term

Sec. 651.164.  LICENSE EXPIRATION; TERM.  (a)  A license issued under this chapter, other than a provisional license, is valid for a term of one or two years as provided by commission rule.
(b)  The commission by rule shall adopt a system under which licenses expire on various dates during the year.  For a license that is issued for less than a full term, the commission shall prorate license fees on a monthly basis so that the license holder pays only that portion of the license fee that is allocable to the number of months during which the license is valid.  On renewal of the license on the new expiration date, the total license renewal fee is payable.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Renumbered from Sec. 651.262 and amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.17, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 562, Sec. 12, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 124 (H.B. 1540), Sec. 18, 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 D. Commission Powers and Duties › Section 651.165. Renewal or Reinstatement of License

Sec. 651.165.  RENEWAL OR REINSTATEMENT OF LICENSE.  (a)  A person who is otherwise eligible to renew a license may renew an unexpired license by paying the required renewal fee to the commission before the expiration date of the license.  A person whose license has expired may not engage in activities that require a license until the license has been renewed.
(b)  A person whose license has been expired for 90 days or less may renew the license by paying to the commission a renewal fee that is equal to 1-1/2 times the normally required renewal fee.
(c)  A person whose license has been expired for more than 90 days but less than one year may renew the license by paying to the commission a renewal fee that is equal to two times the normally required renewal fee.
(d)  A person whose license has been expired for one year or more may renew the license by:
(1)  retaking and passing the applicable examination;
(2)  paying any applicable fees, including a renewal fee that is equal to two times the normally required renewal fee; and
(3)  completing any continuing education required under Section 651.266.
(e)  A person who was licensed in this state, moved to another state, and is currently licensed and has been in practice in the other state for the two years preceding the date of application may obtain a new license without reexamination.  The person must pay to the commission a fee that is equal to two times the normally required renewal fee for the license.
(f)  At least 30 days before the expiration of a person's license, the commission shall send written notice of the impending license expiration to the person at the person's last known address according to the records of the commission.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Renumbered from Sec. 651.263 and amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.18, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 263 (H.B. 1468), Sec. 21, 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 D. Commission Powers and Duties › Section 651.1655. Reinstatement of Suspended License

Sec. 651.1655.  REINSTATEMENT OF SUSPENDED LICENSE.  A person whose license has been suspended may renew the license by paying to the commission a renewal fee that is equal to two times the normally required renewal fee in addition to any penalty assessed by the commission.
Added by Acts 2009, 81st Leg., R.S., Ch. 263 (H.B. 1468), Sec. 22, 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 D. Commission Powers and Duties › Section 651.166. Use of Technology

Sec. 651.166.  USE OF TECHNOLOGY.  The commission shall develop and implement a policy requiring the executive director and commission employees to research and propose appropriate technological solutions to improve the commission's ability to perform its functions.  The technological solutions must:
(1)  ensure that the public is able to easily find information about the commission on the Internet;
(2)  ensure that persons who want to use the commission's services are able to:
(A)  interact with the commission through the Internet;  and
(B)  access any service that can be provided effectively through the Internet;  and
(3)  be cost-effective and developed through the commission's planning processes.
Added by Acts 2003, 78th Leg., ch. 562, Sec. 13, 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 D. Commission Powers and Duties › Section 651.167. Negotiated Rulemaking and Alternative Dispute Resolution Procedures

Sec. 651.167.  NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION PROCEDURES.  (a)  The commission shall develop and implement a policy to encourage the use of:
(1)  negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of commission rules;  and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the commission's jurisdiction.
(b)  The commission's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)  The commission shall designate a trained person to:
(1)  coordinate the implementation of the policy adopted under Subsection (a);
(2)  serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution;  and
(3)  collect data concerning the effectiveness of those procedures, as implemented by the commission.
Added by Acts 2003, 78th Leg., ch. 562, Sec. 13, 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 E. Public Interest and Complaint Information › Section 651.201. Public Interest Information

Sec. 651.201.  PUBLIC INTEREST INFORMATION.  (a)  The commission shall prepare a brochure with information of public interest:
(1)  explaining matters relating to funerals;  and
(2)  describing:
(A)  the functions of the commission;  and
(B)  the commission's procedures for filing and resolving a public complaint.
(b)  The commission shall:
(1)  provide each licensed funeral establishment with the number of brochures the commission considers appropriate;  and
(2)  make the brochure available to the public and appropriate state agencies.
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 E. Public Interest and Complaint Information › Section 651.202. Complaints

Sec. 651.202.  COMPLAINTS.  (a)  The commission by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the commission for the purpose of directing complaints to the commission.  The commission may provide for that notice:
(1)  on each license form, application, or written contract for services of a person regulated under this chapter;
(2)  on a sign prominently displayed in the place of business of each person regulated under this chapter;  or
(3)  in a bill for service provided by a person regulated under this chapter.
(b)  The commission shall adopt rules concerning a complaint filed under this section.  The rules adopted under this subsection must:
(1)  establish procedures regarding the receipt, investigation, and disposition of complaints;
(2)  allow for an informal hearing process;
(3)  establish a formal hearing process;
(4)  ensure that the person who filed the complaint has an opportunity to explain the allegations made in the complaint;
(5)  ensure that the license holder who is the subject of the complaint has an opportunity to be heard regarding the complaint;  and
(6)  establish procedures by which a commission employee may dismiss a complaint, subject to approval by the executive director or the executive director's designee, if the investigation does not reveal a violation.
(c)  The commission shall investigate each complaint received by the commission relating to a funeral director, embalmer, provisional license holder, funeral establishment, or other person licensed or registered under this chapter.
(d)  The commission shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the commission's policies and procedures relating to complaint investigation and resolution, including an explanation of the remedies that are available to the person under this chapter and information about other appropriate state or local agencies or officials with which the person may file a complaint.
(e)  The commission, at least quarterly until final disposition of the complaint, shall notify the person filing the complaint and each person who is a subject of the complaint of the status of the investigation unless the notice would jeopardize an undercover investigation.
(f)  The person who filed the complaint is entitled to attend any proceeding resulting from the complaint.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.13, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 562, Sec. 14, 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 E. Public Interest and Complaint Information › Section 651.203. Record of Complaints

Sec. 651.203.  RECORD OF COMPLAINTS.  (a)  The commission shall maintain a file on each written complaint filed with the commission. The file must include:
(1)  the subject matter of the complaint;
(2)  the date the complaint is received by the commission;
(3)  the name of the person who filed the complaint;
(4)  the name of each person contacted in relation to the complaint;
(5)  a summary of the results of the review or investigation of the complaint;  and
(6)  an explanation of the reason the file was closed, if the commission closed the file without taking action other than to investigate the complaint.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 124 (H.B. 1540), Sec. 36(3), eff. September 1, 2019.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.14, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1420, Sec. 14.378(b), eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 124 (H.B. 1540), Sec. 36(3), 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 E. Public Interest and Complaint Information › Section 651.2035. Confidentiality of Complaint Information

Sec. 651.2035.  CONFIDENTIALITY OF COMPLAINT INFORMATION.  (a)  Except as provided by Subsection (b), a complaint and investigation and all information and materials compiled by the commission in connection with the complaint and investigation are not subject to:
(1)  disclosure under Chapter 552, Government Code; or
(2)  disclosure, discovery, subpoena, or other means of legal compulsion for release of information to any person.
(b)  A complaint or investigation subject to Subsection (a) and all information and materials compiled by the commission in connection with the complaint may be disclosed to:
(1)  the commission and commission employees or agents involved in license holder discipline;
(2)  a party to a disciplinary action against the license holder or that party's designated representative;
(3)  a law enforcement agency; or
(4)  a governmental agency, if the disclosure is required or permitted by law.
(c)  The commission is not required under Subsection (b) to release the identity of a complainant who will not testify at the hearing.
(d)  Notwithstanding Subsection (a), on the dismissal or final resolution of a complaint or investigation, a final order of the commission is subject to disclosure under Chapter 552, Government Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 124 (H.B. 1540), Sec. 19, 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 E. Public Interest and Complaint Information › Section 651.204. Public Participation

Sec. 651.204.  PUBLIC PARTICIPATION.  (a)  The commission shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commission and to speak on any issue under the commission's jurisdiction.
(b)  The commission shall prepare and maintain a written plan that describes how a person who does not speak English or who has a physical, mental, or developmental disability may be provided reasonable access to the commission's programs.
(c)  A member of the public is not required to provide notice to the commission before appearing and speaking before the commission.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.376(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 F. License Requirements: Funeral Directors and Embalmers › Section 651.251. License Required

Sec. 651.251.  LICENSE REQUIRED.  (a)  Funeral directing may be performed only by a funeral director or a provisional license holder or qualified mortuary student under the supervision and direction of a funeral director.  A person may not engage or profess to be engaged in the business of funeral directing or hold the person out to the public as a funeral director unless the person is licensed as a funeral director.
(b)  Embalming may be performed only by an embalmer or a provisional license holder or qualified mortuary student under the supervision and direction of an embalmer.  A person may not engage or profess to be engaged in the business of embalming or hold the person out to the public as an embalmer unless the person is licensed as an embalmer.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle L - Crematory Services, Funeral Directing, and Embalming › Chapter 651 - Crematory Services, Funeral Directing, and Embalming › Subchapter F. License Requirements: Funeral Directors and Embalmers › Section 651.252. License Application

Sec. 651.252.  LICENSE APPLICATION.  (a)  An applicant for a funeral director's license or an embalmer's license must submit a written license application to the commission and pay the application fee.
(b)  The commission may require an applicant to appear before at least one member of the commission for approval of the person's application.  The approval is subject to review by the entire commission.
(c)  The commission shall keep a permanent, alphabetical record of each license application and the action taken on the application.  The record must indicate the current status of each application and license issued.
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 F. License Requirements: Funeral Directors and Embalmers › Section 651.253. General License Requirements

Sec. 651.253.  GENERAL LICENSE REQUIREMENTS.  (a)  To be eligible for a funeral director's license or an embalmer's license, an applicant must:
(1)  be at least 18 years of age;
(2)  have graduated from an accredited high school or passed an examination prescribed by the Texas Education Agency;
(3)  have graduated from an accredited school or college of mortuary science;
(4)  unless the applicant holds a reciprocal license, have completed the requirements of the provisional license program; and
(5)  have successfully completed the applicable written examination described by Section 651.255 or 651.256.
(b)  An applicant for a funeral director's license or an embalmer's license may not be considered for that license until the applicant:
(1)  completes all of the requirements of the provisional license program;  and
(2)  attains a grade of at least 75 percent on the written examination given by the commission.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 50 (H.B. 1219), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle L - Crematory Services, Funeral Directing, and Embalming › Chapter 651 - Crematory Services, Funeral Directing, and Embalming › Subchapter F. License Requirements: Funeral Directors and Embalmers › Section 651.254. License Examinations; Results

Sec. 651.254.  LICENSE EXAMINATIONS;  RESULTS.  (a)  The examinations for a funeral director's license and an embalmer's license shall be held at least annually.  The examinations shall be given at the time and place designated by the commission.  The commission shall give notice of the examinations.
(b)  Not later than the 30th day after the date a person takes a licensing examination under this chapter, the commission shall notify the person of the results of the examination.
(c)  If the examination is graded or reviewed by a testing service:
(1)  the commission shall notify the person of the results of the examination not later than the 14th day after the date the commission receives the results from the testing service;  and
(2)  if notice of the examination results will be delayed for longer than 90 days after the examination date, the commission shall notify the person of the reason for the delay before the 90th day.
(d)  The commission may require a testing service to notify a person of the results of the person's examination.
(e)  If requested in writing by a person who fails a licensing examination administered under this chapter, the commission shall furnish the person with an analysis of the person's performance on the examination.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.15, 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 F. License Requirements: Funeral Directors and Embalmers › Section 651.255. Examinations Required for Funeral Director's License

Sec. 651.255.  EXAMINATIONS REQUIRED FOR FUNERAL DIRECTOR'S LICENSE.  The commission shall administer or arrange for the administration of:
(1)  a written professionally prepared examination on:
(A)  the art and technique of funeral directing;
(B)  the signs of death;
(C)  the manner by which death may be determined;
(D)  sanitation and hygiene;
(E)  mortuary management and mortuary law;
(F)  business and professional ethics;  and
(G)  other subjects that may be taught in a recognized school or college of mortuary science;  and
(2)  a written examination developed by the commission or developed for the commission by contract on:
(A)  laws applicable to vital statistics pertaining to dead human bodies;  and
(B)  local and state rules and laws relating to the preparation, transportation, care, and disposition of dead human bodies.
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 F. License Requirements: Funeral Directors and Embalmers › Section 651.256. Examinations Required for Embalmer's License

Sec. 651.256.  EXAMINATIONS REQUIRED FOR EMBALMER'S LICENSE.  The commission shall administer or arrange for the administration of:
(1)  a written professionally prepared examination on:
(A)  the anatomy of the human body, including:
(i)  the cavities of the human body;  and
(ii)  the arterial and venous system of the human body;
(B)  blood and discoloration;
(C)  bacteriology and hygiene;
(D)  pathology;
(E)  chemistry and embalming;
(F)  arterial and cavity embalming;
(G)  restorative art;
(H)  disinfecting;
(I)  embalming special cases;
(J)  contagious and infectious diseases;
(K)  mortuary management;
(L)  care, preservation, transportation, and disposition of dead human bodies;
(M)  sanitary science;  and
(N)  other subjects that may be taught in a recognized school or college of mortuary science;  and
(2)  a written examination developed by the commission or developed for the commission by contract on:
(A)  laws applicable to vital statistics pertaining to dead human bodies;  and
(B)  local and state rules and laws relating to the care and disposition of dead human bodies.
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 F. License Requirements: Funeral Directors and Embalmers › Section 651.257. Foreign Students; Certificate of Merit

Sec. 651.257.  FOREIGN STUDENTS;  CERTIFICATE OF MERIT.  (a)  A citizen of a country other than the United States who has completed a full course of mortuary science at a commission-approved college in this state may take the commission examination in embalming, funeral directing, or both after:
(1)  applying to the commission;  and
(2)  paying the examination fee required of other applicants.
(b)  The commission may award the applicant a certificate of merit if the applicant successfully makes the minimum grades required of other applicants.  The certificate of merit does not authorize the holder of the certificate to practice embalming or funeral directing in this state unless the holder is otherwise licensed as an embalmer or funeral director 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 F. License Requirements: Funeral Directors and Embalmers › Section 651.258. License Issuance

Sec. 651.258.  LICENSE ISSUANCE.  On issuance of a funeral director's license or an embalmer's license under this chapter, a majority of the commission members shall sign the license.  The license authorizes the license holder to practice embalming, funeral directing, or both.
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 F. License Requirements: Funeral Directors and Embalmers › Section 651.260. Duplicate License

Sec. 651.260.  DUPLICATE LICENSE.  (a)  A license holder may apply to the commission for a duplicate license:
(1)  if a license issued under this chapter is lost or destroyed; or
(2)  as needed to comply with Section 651.261.
(b)  The license holder must submit the application on a form prescribed by the commission and must submit with the application an affidavit verifying:
(1)  for an applicant under Subsection (a)(1), the loss or destruction of the license;
(2)  that the license holder is the person to whom the license was issued; and
(3)  for an applicant under Subsection (a)(1), any other information concerning the loss or destruction of the license the commission requires.
(c)  The commission shall issue a duplicate license after receipt of the information and payment of the fee set by the commission for the duplicate license.
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. 21, 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 F. License Requirements: Funeral Directors and Embalmers › Section 651.261. Posting of License

Sec. 651.261.  POSTING OF LICENSE.  A license holder shall conspicuously display the holder's license in each place of business at which the license holder practices.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 562, Sec. 16, 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 F. License Requirements: Funeral Directors and Embalmers › Section 651.264. Renewal of Expired License by Out-of-State Practitioner

Sec. 651.264.  RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER.  (a)  The commission may renew without reexamination an expired license of a person who was licensed in this state, moved to another state, and is licensed and has been in practice in the other state for the two years before the person applied for a renewal license.
(b)  The person must pay to the commission a fee equal to the renewal fee for the license.
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 F. License Requirements: Funeral Directors and Embalmers › Section 651.265. Renewal for Certain Retired Applicants; Inactive Status

Sec. 651.265.  RENEWAL FOR CERTAIN RETIRED APPLICANTS;  INACTIVE STATUS.  (a)  A license holder who is at least 65 years of age or who has a disability of 75 percent or greater at the time an application for renewal is submitted may apply for renewal of the license in the category of retired, inactive status, or the category of retired, active status.
(b)  On application, the commission may renew the license of a retired license holder who does not provide funeral or embalming services in the category of retired, inactive status.  The commission may not charge a fee for the renewal of a license for retired, inactive status.
(c)  On application, the commission may renew in the category of retired, active status, the license of a retired license holder who participates in any manner, nominal or otherwise, in the provision of funeral or embalming services.  The commission shall charge a fee equal to one-half of the amount of the license renewal fee charged other active license holders.
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 F. License Requirements: Funeral Directors and Embalmers › Section 651.266. Continuing Education

Sec. 651.266.  CONTINUING EDUCATION.  The commission by rule may require continuing education as a condition for license renewal except for a license holder described by Section 651.155 or an applicant for renewal described by Section 651.265.  If the commission requires continuing education, the commission shall require completion of a minimum number of hours of ethics training as a required part of that education.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.19, 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 F. License Requirements: Funeral Directors and Embalmers › Section 651.267. Reissuance of Revoked License

Sec. 651.267.  REISSUANCE OF REVOKED LICENSE.  (a)  On application, the commission may reissue a license issued under this subchapter to a person whose license has been revoked.  An application to reissue a license may not be made before the third anniversary of the date of the revocation.
(b)  The application shall be made in the manner and form required by the commission.
(c)  A hearing to determine whether to reissue a license shall be held before the commission unless the commission requires the hearing to be held before a hearings officer.
(d)  A license that has been revoked may be reinstated only after the applicant:
(1)  retakes and passes the applicable examination;
(2)  pays a fee that is equal to two times the normally required renewal fee; and
(3)  satisfies any other commission requirements, including any continuing education requirements under Section 651.266.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 562, Sec. 17, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 263 (H.B. 1468), Sec. 23, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 263 (H.B. 1468), Sec. 24, 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 G. License Requirements: Provisional License Holders › Section 651.301. Provisional License Required

Sec. 651.301.  PROVISIONAL LICENSE REQUIRED.  A person must obtain a provisional license before the person may engage in learning the practice of funeral directing or embalming under the instruction, direction, and personal supervision in this state of a licensed funeral director or embalmer.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.