Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 203 - LICENSING AND ENFORCEMENT-SPECIFIC SUBSTANTIVE RULES › Subchapter A - LICENSING › Section 203.1 - Funeral Director and Embalmer License Requirements and Procedure

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may
				  not engage in funeral directing or embalming in this state without holding a
				  license issued by the Commission, unless the person is a mortuary student
				  acting under the supervision and direction of a licensed funeral director or
				  embalmer.
(b) An applicant for a
				  license shall meet the eligibility requirements of Occupations Code, §
										651.253.
(c) The period of a license is two years
				  beginning on the first day of the licensee's birth month. The initial licensing
				  period may be less than two years.
(d) The licensing fee must be paid before a
				  license is issued. If the initial licensing period is less than two years, the
				  licensing fee shall be prorated.
(e) A person who does not receive a full
				  license by exiting directly from the Commission's provisional license program
				  or reciprocate from another state may apply for full licensure. The person must
				  have been a provisional license holder in Texas no more than 24 months prior to
				  application. The applicant shall complete an application, provide required
				  proof of eligibility, pay an application fee, re-take and pass the State
				  Mortuary Law Examination, and submit to a criminal background check.
(f) Renewal Procedures and Conditions.
(1) A license may be renewed beginning 60
				  days prior to its expiration if the licensee has paid the renewal fee and met
				  the continuing education requirements of §
											203.8 of
				  this title (relating to Continuing Education).
(2) A person whose license is expired for 90
				  days or less may renew the license by meeting the continuing education
				  requirements of §
											203.8 of
				  this title and paying a renewal fee that is 1 and 1/2 times the amount of the
				  normal renewal fee.
(3) A person
				  whose license is expired for more than 90 days but less than one year may renew
				  the license by meeting the continuing education requirements of §
											203.8 of
				  this title and paying a renewal fee that is two times the amount of the normal
				  renewal fee.
(4) A person whose
				  license has been expired for one year or more may reinstate the license by
				  meeting the following requirements:
(A)
				  retaking and passing the State Mortuary Law Examination;
(B) payment of any applicable fees, including
				  a renewal fee that is equal to two times the normally required renewal fee;
				  and
(C) completion of the
				  continuing education requirements of §
												203.8 of
				  this title.
(5)
				  Notwithstanding paragraph (4) of this subsection, a person whose license has
				  been expired for one year or more may reinstate the license without retaking
				  the applicable examination if the person has been licensed and practicing in
				  another state for the two years preceding the application for reinstatement.
				  The applicant must pay a renewal fee that is equal to two times the normally
				  required renewal fee.
(6)
				  Notwithstanding paragraph (4) of this subsection, the Executive Director may
				  waive any prerequisite to obtaining a license to a person whose license has
				  been expired for no more than five years who is also a military service member,
				  military veteran or military spouse as defined by Occupations Code, Chapter
				  55.