SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 651.001 - Definitions
In this chapter: (1) "Cemetery" means a place that is used or intended to be used for interment, and includes a graveyard, burial park, or...
- Texas Section 651.002 - Application Of Sunset Act
The Texas Funeral Service Commission is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the...
- Texas Section 651.003 - Construction With Other Law
(a) This chapter does not affect the authority of the Texas Department of Banking to enforce Chapter 154, Finance Code, or to regulate perpetual care...
SUBCHAPTER B TEXAS FUNERAL SERVICE COMMISSION
- Texas Section 651.004 - Regulation Of Cemetery And Crematory Services
(a) The commission shall regulate cemetery and crematory services as provided by this chapter and Chapter 716, Health and Safety Code. (b) The commission may...
- Texas Section 651.051 - Commission Membership
(a) The Texas Funeral Service Commission consists of seven members appointed by the governor, with the advice and consent of the senate as follows: (1)...
- Texas Section 651.0511 - Training
(a) A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as...
- Texas Section 651.052 - Eligibility Of Public Members
(a) A person may not be a public member of the commission if the person or the person's spouse: (1) is registered, certified, or licensed...
- Texas Section 651.053 - Membership And Employee Restrictions
(a) In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist...
- Texas Section 651.054 - Terms; Vacancy
(a) Members of the commission serve staggered six-year terms, with the terms of one-third of the members expiring in each odd-numbered year. (b) The governor...
- Texas Section 651.055 - Grounds For Removal
(a) The governor shall remove from the commission a commissioner whose license to practice funeral directing or embalming has been revoked or suspended. (b) The...
- Texas Section 651.056 - Reimbursement; Per Diem
(a) A commissioner shall be reimbursed for necessary travel expenses incurred in performing the business of the commission. (b) In addition to reimbursement under Subsection...
- Texas Section 651.057 - Officers
(a) The governor shall designate one member of the commission as the presiding officer of the commission to serve in that capacity for three years....
- Texas Section 651.058 - Office Location
The commission's offices are located in Austin, Texas. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
- Texas Section 651.059 - Meetings; Notice
(a) The commission shall meet in regular session in Austin at least once each calendar quarter to transact business. (b) The commission may hold a...
SUBCHAPTER C EXECUTIVE DIRECTOR AND PERSONNEL
- Texas Section 651.060 - Legal Representation
(a) The attorney general shall designate at least one employee of the attorney general's office to advise the commission and to represent the commission in...
- Texas Section 651.101 - Executive Director; Bond
(a) The commission shall employ and supervise an executive director to manage the administrative affairs of the commission under this chapter. The commission shall determine...
- Texas Section 651.102 - Personnel
The commission may employ inspectors and clerical and technical assistants as the commission determines to be necessary to administer this chapter. The commission shall determine...
- Texas Section 651.103 - Investigators
The commission shall employ one or more persons to investigate complaints received by the commission, including consumer interest complaints. Acts 1999, 76th Leg., ch. 388,...
- Texas Section 651.104 - Division Of Responsibilities
The commission shall develop and implement policies that clearly separate the policy-making responsibilities of the commission and the management responsibilities of the executive director and...
- Texas Section 651.105 - Qualifications And Standards Of Conduct Information
The commission shall provide to its members and employees, as often as necessary, information regarding their: (1) qualifications for office or employment under this chapter;...
- Texas Section 651.106 - Career Ladder Program; Performance Evaluations
(a) The executive director or the executive director's designee shall develop an intra-agency career ladder program. The program must require intra-agency posting of all nonentry-level...
SUBCHAPTER D COMMISSION POWERS AND DUTIES
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 651.154 - Fees
(a) The commission shall set the following fees in amounts reasonable and necessary to administer this chapter: (1) the funeral director's and embalmer's application fee,...
- Texas Section 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...
- Texas Section 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...
- Texas Section 651.157 - Inspection Of Cemetery, Crematory, Or Funeral Establishment
(a) Except as provided by Subsection (b), a licensed cemetery, crematory, or funeral establishment shall be inspected at least once every two years by an...
- Texas Section 651.1571 - Inspection Requirements For Certain Cemeteries; Exception For Perpetual Care Cemeteries
(a) This section and Section 651.157 do not apply to perpetual care cemeteries. (b) Except as provided by Section 651.157(b): (1) a cemetery may not...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 651.162 - Biennial Report
The commission shall file biennially with the governor a written description of the activities of the commission during the two preceding fiscal years. Acts 1999,...
- Texas Section 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....
- Texas Section 651.164 - License Expiration
The commission by rule may adopt a system under which licenses expire on various dates during the year. For the year in which the license...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER E PUBLIC INTEREST AND COMPLAINT INFORMATION
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER F LICENSE REQUIREMENTS: FUNERAL DIRECTORS AND EMBALMERS
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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)...
- Texas Section 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...
- Texas Section 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;...
- Texas Section 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:...
- Texas Section 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...
- Texas Section 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...
- Texas Section 651.259 - Application By Out-of-state License Holder
(a) The commission shall waive any requirement for a funeral director's license or an embalmer's license for an applicant who holds a license issued by...
- Texas Section 651.2595 - Provisional License
(a) The commission may issue a provisional license to an applicant currently licensed in another jurisdiction who seeks a license in this state and who:...
- Texas Section 651.260 - Duplicate License
(a) If a license issued under this chapter is lost or destroyed, the license holder may apply to the commission for a duplicate license. (b)...
- Texas Section 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....
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER G LICENSE REQUIREMENTS: PROVISIONAL LICENSE HOLDERS
- Texas Section 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...
- Texas Section 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,...
- Texas Section 651.302 - Application; Issuance Of Provisional License
(a) The commission shall issue a provisional license to practice funeral directing to an applicant who: (1) is at least 18 years of age; (2)...
- Texas Section 651.303 - Provisional License Program
(a) The commission shall prescribe and supervise the course of instruction received by a provisional license holder while participating in a provisional license program. (a-1)...
- Texas Section 651.3035 - Mortuary College Credit For Provisional License Program
(a) A funeral directing or embalming case completed for credit while attending an accredited mortuary school or college may serve as credit toward the provisional...
- Texas Section 651.304 - Employment Notification
(a) On entering employment with a funeral establishment or commercial embalming facility, a provisional license holder shall immediately notify the commission of the name of...
- Texas Section 651.3045 - Term Of Provisional License
(a) Except as provided by Subsection (c), a provisional license is valid for 12 consecutive months and may be renewed only once for a period...
- Texas Section 651.305 - Renewal Or Reinstatement Of Provisional License
(a) , (b) Repealed by Acts 2001, 77th Leg., ch. 682, Sec. 3.01(a), eff. Sept. 1, 2001. (c) If a provisional license holder fails to...
- Texas Section 651.3055 - Reapplication For Provisional License
(a) A person who does not complete the provisional license program within the prescribed period may reapply for a provisional license. (b) A person who...
SUBCHAPTER H LICENSE REQUIREMENTS: CEMETERY, FUNERAL, AND COMMERCIAL EMBALMER ESTABLISHMENTS
- Texas Section 651.306 - Personal Supervision
For the purposes of this chapter, personal supervision requires the physical presence of a funeral director or embalmer at the specified place and time a...
- Texas Section 651.351 - Funeral Establishment License Requirements
(a) A funeral establishment may not conduct a funeral business unless it is licensed by the commission. (b) This chapter does not require a funeral...
- Texas Section 651.352 - Commercial Embalmers Establishment License Requirements
(a) In this section, "commercial embalmers establishment" means an establishment that: (1) embalms for licensed funeral establishments; (2) does not sell services or merchandise directly...
- Texas Section 651.353 - Cemetery Establishment Requirements
(a) A cemetery may not conduct a cemetery business unless the facility is licensed by the commission. (b) This chapter does not require a cemetery...
- Texas Section 651.354 - Renewal Of Cemetery Or Funeral Establishment License
(a) The commission shall mail written notice to a cemetery or funeral establishment of the impending expiration of the establishment's license not later than the...
SUBCHAPTER I PRACTICE BY LICENSE HOLDER
- Texas Section 651.355 - Perpetual Care Cemetery Registration
(a) The Texas Department of Banking shall provide annually to the commission a list of perpetual care cemeteries, including the address and other contact information...
- Texas Section 651.401 - First Call
(a) A funeral director or embalmer must direct and personally supervise the pickup of a dead human body on first call. (b) A dead human...
- Texas Section 651.402 - Relationship Of Funeral Director To Funeral Establishment
A person may act as a funeral director in directly or indirectly providing funeral services for compensation only if the person: (1) is acting as...
- Texas Section 651.403 - Designation Of Funeral Director In Charge; Effect Of Violation
(a) A funeral establishment shall: (1) designate to the commission a funeral director in charge; and (2) promptly notify the commission of any change in...
- Texas Section 651.404 - Consumer Brochure
When funeral services are discussed, a funeral director or agent of the funeral establishment shall provide each prospective customer with a copy of the brochure...
- Texas Section 651.405 - Retail Price List; Funeral Establishment
(a) "Retail price list" means a printed or typewritten list of the retail price of items or services provided by a funeral establishment and must...
- Texas Section 651.4055 - Retail Price List; Cemetery Or Crematory
(a) In this section, "retail price list" means a printed or typewritten list of the retail price of items or services provided by a cemetery...
- Texas Section 651.406 - Purchase Agreement; Funeral Establishment
(a) A purchase agreement must state: (1) the name, address, and telephone number of the funeral establishment; (2) the amount paid or owed to another...
- Texas Section 651.4065 - Purchase Agreement; Cemetery Or Crematory
(a) A purchase agreement must state: (1) the name, address, and telephone number of the cemetery or crematory; (2) the amount paid or owed to...
- Texas Section 651.407 - Use Of Body By School Of Mortuary Science
(a) A school or college of mortuary science may not use a dead human body for educational or instructional purposes without the written consent of...
- Texas Section 651.408 - Use Of Cemetery And Crematory Services
The fact that a funeral director contracts for cemetery or crematory services, including as part of a package arrangement, does not limit the director's liability...
- Texas Section 651.4085 - Interment Or Entombment
(a) A funeral director who contracts with a customer to perform funeral directing under this chapter, or an agent of the funeral establishment, shall be...
- Texas Section 651.409 - Notice To Next Of Kin Of Deceased Peace Officer
A funeral director who prepares a deceased peace officer for burial or other disposition shall make every effort to advise the next of kin of...
SUBCHAPTER J PROHIBITED PRACTICES
- Texas Section 651.410 - Authorized Release Of Information
Nothing in this chapter prohibits a funeral director or establishment from releasing information under Chapter 696, Health and Safety Code. Added by Acts 2013, 83rd...
- Texas Section 651.451 - Certain Fraudulent And Deceptive Acts
A person violates this chapter if the person: (1) presents to the commission a license, certificate, registration, or diploma that was illegally or fraudulently obtained;...
- Texas Section 651.452 - Lack Of Fitness To Practice
A person violates this chapter if the person is: (1) convicted of: (A) a misdemeanor related to the practice of embalming, funeral directing, or another...
- Texas Section 651.453 - Unethical Advertising
A person violates this chapter if the person uses an advertising statement of a character that misleads or deceives the public or uses, in connection...
- Texas Section 651.454 - Other Unethical Conduct In Soliciting Customers
(a) A person violates this chapter if the person, in arranging for funeral services or merchandise, fails to: (1) provide a prospective customer at the...
- Texas Section 651.455 - False Or Misleading Statements Regarding Funeral Merchandise Or Funeral, Cemetery, Or Crematory Services
(a) A person violates this chapter if the person uses a statement that misleads or deceives the public, including a fraudulent statement or any other...
- Texas Section 651.456 - Unethical Conduct Regarding Custody Of Dead Human Body
A person violates this chapter if the person: (1) takes custody of a dead human body without the permission of: (A) the person or the...
- Texas Section 651.457 - Unethical Conduct Regarding Embalming
(a) A person violates this chapter if the person: (1) embalms a body without: (A) receiving the express written or oral permission of a person...
- Texas Section 651.458 - Unethical Conduct By Funeral Establishment
A person violates this chapter if the person makes a distinction in providing funeral information to a customer regardless of any affiliation of the customer...
- Texas Section 651.459 - Other Unethical Conduct In Providing Funeral Services
(a) A person violates this chapter if the person: (1) wilfully makes a false statement on: (A) a death certificate, including forgery of a physician's...
- Texas Section 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...
SUBCHAPTER K DISCIPLINARY ACTIONS AND PROCEDURES AND LICENSE DENIALS
- Texas Section 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:...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 651.5026 - Temporary License Suspension Or Restriction; Disciplinary Panel
(a) The presiding officer of the commission shall appoint a three-member disciplinary panel composed of two funeral industry members and one public member of the...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER L ADMINISTRATIVE PENALTIES
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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.,...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER M OTHER PENALTIES AND ENFORCEMENT PROVISIONS
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER N LICENSING REQUIREMENTS: CREMATORIES
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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)...
- Texas Section 651.658 - Crematory Establishment License Renewal And Annual Report; Penalty
(a) To renew a crematory establishment license, the crematory establishment must annually: (1) file a report with the commission that lists the number of cremations...