84R4821 BEF-F
	By: Estes	S.B. No. 1251

	A BILL TO BE ENTITLED
	AN ACT
	relating to the Texas Funeral Service Commission; authorizing fees;
	providing a criminal penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 651.051(a), Occupations Code, is amended
	to read as follows:
	(a)  The Texas Funeral Service Commission consists of seven
	members appointed by the governor, with the advice and consent of
	the senate as follows:
	(1)  two members who are licensed as both an embalmer
	and a funeral director for at least the five years preceding
	appointment to the commission;
	(2)  one member who is licensed as a funeral director
	and is a registered cemetery owner or operator; and
	(3)  four members who represent the public and who:
	(A)  are not regulated under this chapter; and
	(B)  have consistently shown an interest in
	supporting consumer protection.
	SECTION 2.  Section 651.055(c), Occupations Code, is amended
	to read as follows:
	(c)  It is a ground for removal from the commission that a
	member:
	(1)  does not have at the time of appointment the
	qualifications required by Sections 651.051(a) and (c) and
	651.052(a);
	(2)  does not maintain during service on the commission
	the qualifications required by Sections 651.051(a) and (c) and
	651.052(a);
	(3)  violates a prohibition established by Sections
	651.053(a)-(c) [651.053(a)-(e) or 651.506(h)];
	(4)  cannot because of illness or disability discharge
	the member's duties for a substantial part of the term for which the
	member is appointed; or
	(5)  is absent for more than half of the regularly
	scheduled commission meetings that the member is eligible to attend
	during a calendar year unless the absence is excused by majority
	vote of the commission.
	SECTION 3.  The heading to Section 651.101, Occupations
	Code, is amended to read as follows:
	Sec. 651.101.  EXECUTIVE DIRECTOR[; BOND].
	SECTION 4.  The heading to Section 651.151, Occupations
	Code, is amended to read as follows:
	Sec. 651.151.  GENERAL LICENSING POWERS AND DUTIES.
	SECTION 5.  Section 651.151(c), Occupations Code, is
	redesignated as Section 651.1511, Occupations Code, and amended to
	read as follows:
	Sec. 651.1511.  COMMITTEES. [(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.
	SECTION 6.  Section 651.154, Occupations Code, is amended to
	read as follows:
	Sec. 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,] license fee, renewal fee, late renewal penalty, duplicate
	license fee, replacement license fee, and reciprocal license fee;
	and
	(2)  the cemetery, crematory, or funeral establishment
	license fee, renewal fee, and late renewal penalty.
	(b)  The commission shall set the provisional license
	application fee, examination fee, renewal fee, and late renewal
	penalty in amounts reasonable and necessary to administer the
	provisional license program.
	(c)  The commission shall set the following fees in amounts
	reasonable and necessary to administer the continuing education
	program under this chapter:
	(1)  the continuing education provider fee and
	continuing education course fee; and
	(2)  the continuing education noncompliance fee [may
	not charge a fee to a perpetual care cemetery, including a fee for
	issuing or renewing a license issued under this chapter].
	SECTION 7.  Sections 651.157, 651.1571, and 651.158,
	Occupations Code, are amended to read as follows:
	Sec. 651.157.  INSPECTION OF [CEMETERY,] CREMATORY[,] OR
	FUNERAL ESTABLISHMENT. (a) A crematory or funeral establishment
	must be inspected before an initial license may be issued to the
	crematory or funeral establishment.
	(a-1)  Except as provided by Subsection (b), a [licensed
	cemetery,] crematory[,] or funeral establishment shall be
	inspected at least once every two 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 [cemetery,] crematory[,] or
	funeral establishment annually until the commission determines
	that the crematory or funeral establishment is free of violations.
	(c)  A report of each inspection made under this section
	shall be retained in the crematory's or funeral establishment's
	licensing file [filed with the commission].
	(d)  The commission by rule shall establish:
	(1)  procedures for the inspection of a [cemetery,]
	crematory[,] or funeral establishment required by this section; and
	(2)  criteria, including consideration of the
	crematory's or funeral establishment's inspection and complaint
	history, regarding when the commission should inspect a crematory
	or funeral [an] establishment based on the risk of a violation at a
	crematory or funeral [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 [cemetery,]
	crematory[,] or funeral establishment, the agent shall review the
	inspection reports filed with the commission on the crematory or
	funeral 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
	a crematory or funeral [an] establishment.
	Sec. 651.1571.  INSPECTION REQUIREMENTS FOR CERTAIN
	CEMETERIES[; EXCEPTION FOR PERPETUAL CARE CEMETERIES]. (a) A
	cemetery licensed by the commission [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 be inspected unless:
	(1) [(A)]  an interment has occurred in the cemetery
	within the two years preceding the inspection; or
	(2) [(B)]  the commission has received a complaint
	about the cemetery.
	(b)  The[; and
	[(2)  the] commission shall give lower priority to an
	inspection of a cemetery than to an inspection of a crematory or
	funeral establishment.
	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 State Health Services to obtain
	inspection of those facilities by an entity other than the [Texas]
	Department of State Health Services.
	(b)  The commission by rule shall establish procedures for an
	inspection required under this section.
	SECTION 8.  Section 651.004, Occupations Code, is
	transferred to Subchapter D, Chapter 651, Occupations Code, and
	redesignated as Section 651.168, Occupations Code, to read as
	follows:
	Sec. 651.168  [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 not regulate cemetery or crematory
	services that occur after burial or inurnment unless the services
	relate to the care and treatment of the remains in an urn, casket,
	or outer enclosure.
	SECTION 9.  Section 651.201, Occupations Code, is amended by
	adding Subsections (c) and (d) to read as follows:
	(c)  A funeral establishment may print additional copies of
	the brochure only if the commission is unable to provide the number
	of brochures needed by the funeral establishment.
	(d)  A funeral establishment may provide a link on the
	establishment's website to the brochure on the commission's
	website.
	SECTION 10.  Subchapter E, Chapter 651, Occupations Code, is
	amended by adding Section 651.2015 to read as follows:
	Sec. 651.2015.  WEBSITES. The commission may allow a
	funeral establishment that maintains a website to link to the
	commission's website.
	SECTION 11.  Section 651.202(a), Occupations Code, is
	amended to read as follows:
	(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; or
	(4)  any other place the commission considers
	appropriate.
	SECTION 12.  Section 651.203(a), Occupations Code, is
	amended to read as follows:
	(a)  Subject to the commission's records retention policy,
	the [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.
	SECTION 13.  Section 651.252, Occupations Code, is amended
	to read as follows:
	Sec. 651.252.  LICENSE APPLICATION. (a) The commission may
	adopt license application requirements [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 provide that a person applies for a
	funeral director's or embalmer's license by completing a
	provisional license program under Subchapter G [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].
	SECTION 14.  Section 651.164, Occupations Code, is
	transferred to Subchapter F, Chapter 651, Occupations Code,
	redesignated as Section 651.2525, Occupations Code, and amended to
	read as follows:
	Sec. 651.2525 [651.164].  LICENSE EXPIRATION. (a) A funeral
	director's or embalmer's license is valid for 24 months.
	(b)  The commission by rule shall [may] adopt a system under
	which licenses expire on various dates during the year. For an
	initial license that is issued for a term of less than 24 months
	[the year in which the license expiration date is changed], the
	commission shall prorate license fees on a monthly basis so that
	each 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.
	SECTION 15.  Section 651.253, Occupations Code, is amended
	to read as follows:
	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
	[embalmer's] license, have served as a provisional license holder
	for not less than one year under the personal supervision and
	instruction of a funeral director or embalmer, as applicable; and
	(5)  have successfully completed the [applicable]
	written examinations [examination] described by Section 651.254
	and by Section 651.255 or 651.256, as applicable.
	(b)  Unless the applicant is seeking a reciprocal license, an
	[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 before the end of the provisional
	license term[; and
	[(2)     attains a grade of at least 75 percent on the
	written examination given by the commission].
	(c)  Notwithstanding Subsection (a)(3), the commission may
	adopt rules to allow an applicant who graduated from a school or
	college of mortuary science that is no longer accredited to become
	licensed as a funeral director or embalmer.
	SECTION 16.  Section 651.254, Occupations Code, is amended
	to read as follows:
	Sec. 651.254.  MORTUARY LAW EXAMINATION. (a)  The
	commission shall administer or arrange for the administration of a
	written examination developed by the commission or developed for
	the commission under a contract on:
	(1)  laws applicable to vital statistics pertaining to
	dead human bodies; and
	(2)  local and state rules and laws relating to the
	preparation, transportation, care, and disposition of dead human
	bodies.
	(b)  To pass the examination, an individual must receive a
	grade of at least 75 percent. [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.]
	SECTION 17.  Sections 651.255, 651.256, 651.258, and
	651.259, Occupations Code, are amended to read as follows:
	Sec. 651.255.  EXAMINATION [EXAMINATIONS] REQUIRED FOR
	FUNERAL DIRECTOR'S LICENSE. The commission shall administer or
	arrange for the administration of[:
	[(1)]  a written professionally prepared examination
	on:
	(1) [(A)]  the art and technique of funeral directing;
	(2) [(B)]  the signs of death;
	(3) [(C)]  the manner by which death may be determined;
	(4) [(D)]  sanitation and hygiene;
	(5) [(E)]  mortuary management and mortuary law;
	(6) [(F)]  business and professional ethics; and
	(7) [(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].
	Sec. 651.256.  EXAMINATION [EXAMINATIONS] REQUIRED FOR
	EMBALMER'S LICENSE. The commission shall administer or arrange for
	the administration of[:
	[(1)]  a written professionally prepared examination
	on:
	(1) [(A)]  the anatomy of the human body, including:
	(A) [(i)]  the cavities of the human body; and
	(B) [(ii)]  the arterial and venous system of the
	human body;
	(2) [(B)]  blood and discoloration;
	(3) [(C)]  bacteriology and hygiene;
	(4) [(D)]  pathology;
	(5) [(E)]  chemistry and embalming;
	(6) [(F)]  arterial and cavity embalming;
	(7) [(G)]  restorative art;
	(8) [(H)]  disinfecting;
	(9) [(I)]  embalming special cases;
	(10) [(J)]  contagious and infectious diseases;
	(11) [(K)]  mortuary management;
	(12) [(L)]  care, preservation, transportation, and
	disposition of dead human bodies;
	(13) [(M)]  sanitary science; and
	(14) [(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].
	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. A [The]
	license issued by the commission authorizes the license holder to
	practice embalming, funeral directing, or both.
	Sec. 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 another state, country, or territory that
	has license requirements substantially equivalent to the
	requirements of this state and who meets the requirements of this
	section. The commission may waive any license requirement for an
	applicant who holds a license issued by another state that does not
	have license requirements substantially equivalent to those of this
	state and who meets the requirements of this section. [The
	applicant shall pay a license fee in an amount set by the
	commission.]
	(b)  Any applicant for a license under this section shall
	file an [a sworn] application that includes:
	(1)  a sworn statement that:
	(A)  the applicant is the person to whom the
	license was issued;
	(B)  the license under which the applicant
	practiced as a funeral director or embalmer in the state, country,
	or territory from which the applicant moved was, at the time the
	applicant left, in effect;
	(C)  no proceeding has been instituted against the
	applicant for the cancellation, suspension, or revocation of the
	license in the state, country, or territory that issued the
	license; and
	(D) [(C)]  no prosecution is pending against the
	applicant in a state or federal court for an offense that, under the
	laws of this state, is a felony, or is a misdemeanor related to the
	practice of embalming or funeral directing; [and]
	(2)  an affidavit of a person described by Subsection
	(c) verifying that:
	(A)  the accompanying license has not been
	canceled, suspended, or revoked; and
	(B)  the statement of the qualifications made in
	the application for licensure in this state is correct; and
	(3)  documentation that the applicant has graduated
	from an accredited college of mortuary science.
	(c)  The affidavit must be made by:
	(1)  the presiding officer or secretary of the
	governmental entity that issued the license; or
	(2)  a registration officer of the state, country, or
	territory that issued the license.
	[(d)     The applicant must affirm in the statement that the
	license under which the applicant practiced as a funeral director
	or embalmer in the state, country, or territory from which the
	applicant moved was, at the time the applicant left, in effect.]
	(e)  [The commission shall conduct a criminal background
	check on each applicant.] An applicant is not eligible for a
	license under this section if the applicant has, in the 10 years
	preceding the date of the application, been finally convicted of a
	misdemeanor involving moral turpitude or a felony.
	(f)  An applicant for a license under this section must[:
	[(1)]  provide proof that[:
	[(A)  the license is in good standing;
	[(B)]  the applicant has practiced under the
	license for at least:
	(1) [(i)]  one year in the state, country, or territory
	that issued the license if that state, country, or territory has
	license requirements substantially equivalent to those of this
	state; or
	(2) [(ii)]  five years in the state, country, or
	territory that issued the license if that state, country, or
	territory does not have license requirements substantially
	equivalent to those of this state.
	(f-1)  An applicant under this section must successfully
	complete the written examination described by Section 651.254[; and
	[(C)     the applicant has graduated from an
	accredited college of mortuary science; and
	[(2)     pass a written examination of not more than 50
	questions on applicable state laws and commission rules].
	(g)  On approval of the application, the applicant shall pay
	a license fee in an amount set by the commission [The commission
	shall conduct the examination under Subsection (f)(2) at each
	regularly scheduled meeting of the commission].
	SECTION 18.  The heading to Section 651.260, Occupations
	Code, is amended to read as follows:
	Sec. 651.260.  REPLACEMENT [DUPLICATE] LICENSE.
	SECTION 19.  Sections 651.260(a) and (c), Occupations Code,
	are amended to read as follows:
	(a)  If a license issued under this chapter is lost or
	destroyed, the license holder may apply to the commission for a
	replacement [duplicate] license.
	(c)  The commission shall issue a replacement [duplicate]
	license after receipt of the information and payment of the fee set
	by the commission for the replacement [duplicate] license.
	SECTION 20.  Section 651.261, Occupations Code, is amended
	to read as follows:
	Sec. 651.261.  POSTING OF LICENSE. (a) A license holder
	shall conspicuously display the holder's original license,
	duplicate original license, or replacement license in each place of
	business at which the license holder practices.
	(b)  The commission shall issue a duplicate original license
	on application and payment of a fee set by the commission for the
	license if the license holder needs a license to display in multiple
	locations.
	SECTION 21.  Section 651.266, Occupations Code, is amended
	to read as follows:
	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(b) [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.
	SECTION 22.  Section 651.165, Occupations Code, is
	transferred to Subchapter F, Chapter 651, Occupations Code,
	redesignated as Section 651.2661, Occupations Code, and amended to
	read as follows:
	Sec. 651.2661  [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 reinstate [renew] the license by:
	(1)  retaking and passing the [applicable] examination
	under Section 651.254;
	(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 if both licenses are
	in good standing. 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.
	SECTION 23.  Section 651.1655, Occupations Code, is
	transferred to Subchapter F, Chapter 651, Occupations Code,
	redesignated as Section 651.2662, Occupations Code, and amended to
	read as follows:
	Sec. 651.2662 [651.1655].  REINSTATEMENT OF SUSPENDED
	LICENSE. If authorized by the commission, a [A] person whose
	license has been suspended may reinstate [renew] the license by:
	(1)  paying to the commission a renewal fee that is
	equal to two times the normally required renewal fee;
	(2)  paying [in addition to] any penalty assessed by
	the commission;
	(3)  completing any continuing education required
	under Section 651.266; and
	(4)  passing with a score of at least 75 percent the
	examination under Section 651.254.
	SECTION 24.  Sections 651.267(c) and (d), Occupations Code,
	are amended to read as follows:
	(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 an administrative law judge [a
	hearings officer].
	(d)  A license that has been revoked may be reissued
	[reinstated] only after the applicant:
	(1)  retakes and passes the [applicable] examination
	under Section 651.254;
	(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; and
	(4)  pays any penalty assessed by the commission.
	SECTION 25.  Section 651.302, Occupations Code, is amended
	to read as follows:
	Sec. 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)  has completed the educational requirements of
	Section 651.253 or is enrolled in an accredited school or college of
	mortuary science;
	(3)  is employed by a funeral establishment [director]
	to learn funeral directing [or embalming] under the instruction and
	supervision of a [the] funeral director;
	(4)  files an application for a provisional license on
	a form provided by the commission and verified under oath by the
	applicant; [and]
	(5)  pays any required application or license fee; and
	(6)  complies with the requirements of this chapter and
	of the commission.
	(b)  The commission shall issue a provisional license to
	practice embalming to an applicant who:
	(1)  is at least 18 years of age;
	(2)  has completed the educational requirements of
	Section 651.253 or is enrolled in an accredited school or college of
	mortuary science;
	(3)  is employed by a funeral establishment or
	commercial embalming facility to learn embalming under the
	instruction and supervision of an embalmer;
	(4)  files an application for a provisional license on
	a form provided by the commission and verified under oath by the
	applicant;
	(5) [(4)]  pays any required application or license
	fee; and
	(6) [(5)]  complies with the requirements of this
	chapter and of the commission.
	(c)  The commission may waive the requirements of Subsection
	(a)(2) or (b)(2) for a period not to exceed 12 months and issue to an
	applicant a provisional license that expires at the end of that
	period.
	(d)  An applicant must submit to a criminal background check
	before submitting an application for a license.
	SECTION 26.  Section 651.303, Occupations Code, is amended
	by adding Subsections (a-1) and (e-1) to read as follows:
	(a-1)  A provisional license holder may work only:
	(1)  in a funeral establishment or commercial embalming
	facility licensed by the commission; and
	(2)  under the direct and personal supervision of a
	funeral director or embalmer, as applicable.
	(e-1)  The commission by rule shall prescribe case reporting
	requirements for provisional license holders. The commission shall
	provide case report forms to be used by a provisional license
	holder.
	SECTION 27.  The heading to Section 651.304, Occupations
	Code, is amended to read as follows:
	Sec. 651.304.  EMPLOYMENT NOTIFICATION [REPORTS].
	SECTION 28.  Section 651.304, Occupations Code, is amended
	by amending Subsections (a) and (d) and adding Subsection (b) to
	read as follows:
	(a)  On entering employment with a funeral establishment or
	commercial embalming facility [director or embalmer], a
	provisional license holder shall immediately notify the commission
	of the name of the establishment or facility where [and place of
	business of the funeral director or embalmer under whom] the
	provisional license holder will train. The funeral director or
	embalmer in charge must [shall] sign the notification.
	(b)  A provisional license holder must be employed by a
	funeral establishment or commercial embalming facility, as
	applicable, during the term of the provisional license. If a
	provisional license holder is not employed as required by this
	subsection, the commission shall cancel the provisional license.
	(d)  If a provisional license holder leaves the employment of
	the funeral establishment or commercial embalming facility [a
	funeral director or embalmer], the funeral director or embalmer in
	charge shall prepare an affidavit showing the length of time the
	provisional license holder was employed and the number of cases
	handled while employed by the funeral establishment or facility
	[director or embalmer]. The funeral director or embalmer shall
	file the original affidavit [shall be filed] with the commission as
	[and made] a matter of record. The funeral director or embalmer
	shall provide a [A] copy of the affidavit [shall be furnished] to
	the provisional license holder.
	SECTION 29.  Subchapter G, Chapter 651, Occupations Code, is
	amended by adding Section 651.3045 to read as follows:
	Sec. 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 not to
	exceed an additional 12 consecutive months.
	(b)  The commission shall cancel a provisional license if the
	license holder fails to complete the licensing requirements of the
	provisional license program within 24 consecutive months.
	(c)  If a provisional license holder holds a provisional
	license issued under Section 651.302(c), the provisional license
	may be renewed for a period not to exceed 24 consecutive months and
	the provisional license holder must complete the licensing
	requirements of the provisional license program within 36
	consecutive months.
	SECTION 30.  Section 651.305, Occupations Code, is amended
	by amending Subsections (c) and (d) and adding Subsections (d-1),
	(d-2), and (d-3) to read as follows:
	(c)  If a provisional license holder fails to renew the
	provisional license [timely pay the renewal fee], the commission
	shall:
	(1)  impose a late payment penalty equal to the amount
	of the license renewal fee;
	(2)  suspend the license for nonpayment; and
	(3)  notify the provisional license holder of the
	suspension.
	(d)  If the renewal fee and penalty are not paid before the
	91st day after the date of the notice of suspension, the commission
	shall cancel the license.
	(d-1)  If the license is canceled under Subsection (d) [this
	subsection], the provisional license holder may apply for
	reinstatement not later than the date the license would have
	expired if the license had been renewed [not later than 18 months
	after the date of cancellation]. The commission may reinstate the
	canceled license if:
	(1)  all other commission requirements are satisfied;
	and
	(2)  the license fee and a late payment penalty equal to
	the amount of the license fee for the period of the cancellation are
	paid.
	(d-2)  A reinstated license expires on the date the license
	would have expired if the license had been timely renewed.
	(d-3)  A provisional license holder may not work as a funeral
	director or embalmer while the license is suspended or canceled.
	SECTION 31.  Subchapter G, Chapter 651, Occupations Code, is
	amended by adding Section 651.3055 to read as follows:
	Sec. 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 reapplies for a provisional license must
	comply with the requirements of Section 651.303. Casework performed
	under a previous provisional license may not be counted toward the
	requirements for the new provisional license.  The commission may
	adopt rules to allow casework performed under a previous
	provisional license to transfer to a new provisional license if the
	license holder requests a hardship exemption.
	(c)  A person may reapply for a provisional license under
	this section only once.
	SECTION 32.  The heading to Subchapter H, Chapter 651,
	Occupations Code, is amended to read as follows:
	SUBCHAPTER H. LICENSE REQUIREMENTS: CEMETERY, FUNERAL, AND
	COMMERCIAL EMBALMING [EMBALMER] ESTABLISHMENTS
	SECTION 33.  Section 651.351, Occupations Code, is amended
	by amending Subsections (d), (f), (g), and (h) and adding
	Subsection (h-1) to read as follows:
	(d)  A funeral establishment must:
	(1)  meet the building, fire safety, and health
	standards and health ordinances of this state and of the
	municipality in which the establishment is located;
	(2)  except as provided by Subsection (i), be located
	at a fixed place that is not tax-exempt property or a cemetery;
	(3)  include facilities in which funeral services may
	be conducted;
	(4)  have access to vehicles [rolling stock] consisting
	of at least one motor hearse;
	(5)  include a preparation room containing the
	facilities, equipment, and supplies required by commission rule to
	ensure the provision of adequate embalming services;
	(6)  include other facilities as necessary to comply
	with the sanitary codes of this state and of the municipality in
	which the room is located; [and]
	(7)  include a display containing sufficient
	merchandise to permit reasonable selection, including at least
	[five adult caskets,] two [of which must be] full-size caskets, one
	of which must be the least expensive casket offered, that are [and]
	displayed in a setting that allows for private selection; and
	(8)  conspicuously display the funeral establishment's
	license [casket showroom].
	(f)  Other than the two full-size caskets, the merchandise
	[The least expensive casket] displayed under Subsection (d)(7)
	[must be a full-size casket displayed in the same general manner as
	the other full-size caskets are displayed.     The three adult caskets
	that are not required to be full-size under Subsection (d)(7)] may
	be displayed:
	(1)  in a partial panel display; or
	(2)  by video or brochure, online, or in any other
	manner.
	(g)  The commission may exempt a funeral establishment from
	the requirements of Subsection (d)(5) if[:
	[(1)]  the majority owner or designated agent of record
	of a funeral establishment submits a written petition to the
	commission requesting an exemption and stating:
	(1) [(A)]  the establishment's name and address;
	(2) [(B)]  that the establishment is located within 50
	miles of a facility owned by the establishment requesting the
	exemption and at which embalming services may be performed; and
	(3) [(C)]  that no embalming services will be performed
	at the establishment[; and
	[(2)     the commission determines that the criteria in
	Subdivision (1) have been met].
	(h)  The executive director shall notify the petitioner of
	the commission's decision on an exemption request under Subsection
	(g).
	(h-1)  An [The] exemption under Subsection (g) remains in
	effect until the conditions required for the exemption are no
	longer met[:
	[(1)     the establishment is no longer located within 50
	miles of a facility owned by the exempt establishment or at which
	embalming services may be performed; or
	[(2)     an embalming service has been performed at the
	establishment].
	SECTION 34.  The heading to Section 651.352, Occupations
	Code, is amended to read as follows:
	Sec. 651.352.  COMMERCIAL EMBALMING [EMBALMERS]
	ESTABLISHMENT LICENSE REQUIREMENTS.
	SECTION 35.  Sections 651.352(a), (b), (c), and (e),
	Occupations Code, are amended to read as follows:
	(a)  In this section, "commercial embalming [embalmers]
	establishment" means a funeral [an] establishment that:
	(1)  embalms for other licensed funeral
	establishments; and
	(2)  does not sell services or merchandise directly or
	at retail to the public[; and
	[(3)  meets the requirements for an embalmers license].
	(b)  An establishment that functions solely as a commercial
	embalming [embalmers] establishment is required to hold a
	commercial embalming [embalmers] establishment license and [but]
	is [not] required to comply with the requirements for a funeral
	establishment license under Section 651.351 except for the
	requirements of Sections 651.351(d)(3)[, (d)(6),] and (d)(7)
	[(f)].
	(c)  A commercial embalming [embalmers] establishment may
	employ an embalmer only if the embalmer is licensed under this
	chapter.
	(e)  A licensed commercial embalming [embalmers]
	establishment that meets the licensing requirements under
	Subchapter N may hold a crematory establishment license.
	SECTION 36.  Section 651.401, Occupations Code, is amended
	to read as follows:
	Sec. 651.401.  REMOVAL OF DEAD HUMAN BODY [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 body may be transferred without a funeral
	director directing [personally making] the transfer at the
	direction of a justice of the peace or other law enforcement
	official[:
	[(1)  from one funeral establishment to another;
	[(2)     from a funeral establishment to and from a morgue
	in which an autopsy is performed;
	[(3)  to and from an airport, crematory, or both; or
	[(4)     in circumstances in which there is no reasonable
	probability that an unlicensed person will encounter a family
	member or other person with whom funeral arrangements are normally
	made by a funeral director or embalmer].
	(c)  A funeral director may direct an unlicensed person, a
	provisional license holder, or an embalmer in the removal of a dead
	human body. A funeral director who directs the removal of a dead
	human body by an unlicensed person is strictly accountable for
	compliance with the requirements of this chapter. If an unlicensed
	person, a provisional license holder, or an embalmer  inadvertently
	encounters a family member or other person with whom funeral
	arrangements are normally made, the [unlicensed] person shall
	restrict communication with the family member or other person to:
	(1)  identifying the [unlicensed] person's employer;
	and
	(2)  [arranging an appointment with the unlicensed
	person's employer for a family member or other person who indicates
	a desire to make funeral arrangements for the deceased; and
	[(3)]  making any disclosure to the family member or
	other person that is required by federal or state law or regulation.
	[(d)     A funeral director or embalmer who directs the removal
	or transfer of a dead human body without personally supervising the
	transfer is strictly accountable for compliance with the
	requirements of first call as provided by this section.]
	SECTION 37.  Subchapter I, Chapter 651, Occupations Code, is
	amended by adding Section 651.4031 to read as follows:
	Sec. 651.4031.  DESIGNATION OF EMBALMER IN CHARGE; EFFECT
	OF VIOLATION. (a) A commercial embalming establishment shall:
	(1)  designate to the commission an embalmer in charge;
	and
	(2)  promptly notify the commission of any change in
	that designation.
	(b)  The embalmer in charge is directly responsible for the
	embalming business of the commercial embalming establishment.
	(c)  The embalmer in charge is ultimately responsible for
	compliance with mortuary laws. The embalmer in charge may be
	charged with a violation of this chapter if a violation occurs in
	the commercial embalming establishment.
	SECTION 38.  Section 651.404, Occupations Code, is amended
	to read as follows:
	Sec. 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
	prepared by the commission under Section 651.201. [The funeral
	establishment shall print additional copies of the brochure if the
	commission is unable to provide the number of brochures needed by
	the funeral establishment.]
	SECTION 39.  Section 651.407(c), Occupations Code, is
	amended to read as follows:
	(c)  The funeral establishment shall retain a copy of the
	written consent for at least two years and shall make the records of
	the funeral establishment reasonably available for inspection by:
	(1)  the commission; and
	(2)  the person who provided the consent, as provided
	by Section 711.002, Health and Safety Code [; and
	[(3)  the next of kin of the deceased person].
	SECTION 40.  The heading to Section 651.454, Occupations
	Code, is amended to read as follows:
	Sec. 651.454.  [OTHER] UNETHICAL CONDUCT IN SOLICITING
	CUSTOMERS.
	SECTION 41.  Section 651.454(a), Occupations Code, is
	amended to read as follows:
	(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 beginning of
	the arrangement process with a copy of the brochure required by
	Section 651.404;
	(2)  provide to a prospective customer inquiring in
	person about any funeral service or merchandise a retail price list
	for the prospective customer to keep;
	(3)  explain to a prospective customer that a purchase
	[contractual] agreement for funeral services or merchandise may not
	be entered into before a retail price list is provided to the
	prospective customer; or
	(4)  provide general price information by telephone
	within a reasonable time.
	SECTION 42.  Sections 651.457 and 651.458, Occupations Code,
	are amended to read as follows:
	Sec. 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 authorized to make funeral arrangements for
	the deceased; or
	(B)  making a documented reasonable effort over a
	period of at least three hours to obtain the permission;
	(2)  [embalms or attempts to embalm a dead human body
	without proper authority, evidence of which includes making an
	incision on the body, raising a circulatory vessel of the body, or
	injecting a chemical into the body;
	[(3)]  allows the presence or participation of a
	student for credit or satisfaction of academic requirements during
	the embalming of a dead human body without complying with Section
	651.407; or
	(3) [(4)]  places a chemical or substance on or in a
	dead human body to disinfect or preserve the body or to restore body
	tissues and structures without holding an embalmer's license.
	(b)  Notwithstanding Subsection (a)(3) [(a)(4)], a
	provisional license holder does not violate this chapter if the
	provisional license holder places a chemical or substance on or in a
	dead human body to disinfect or preserve the body or to restore body
	tissues and structures under the supervision of an embalmer.
	(c)  For purposes of this section, "embalms a body" includes
	an attempt to embalm a body, evidence of which includes making an
	incision on the body, raising a circulatory vessel of the body, or
	injecting a chemical into the body.
	Sec. 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 because [regardless] of
	any affiliation of the customer or because [whether] the customer
	does or does not have [has] a present need for the services or
	merchandise.
	SECTION 43.  The heading to Section 651.459, Occupations
	Code, is amended to read as follows:
	Sec. 651.459.  [OTHER] UNETHICAL CONDUCT IN PROVIDING
	FUNERAL SERVICES.
	SECTION 44.  Section 651.459(a), Occupations Code, is
	amended to read as follows:
	(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 signature; or
	(B)  a document required by this chapter or a rule
	adopted under this chapter;
	(2)  engages in fraudulent, [unprofessional, or]
	deceptive, [conduct in providing funeral services or merchandise to
	a customer;
	[(3)  engages in] dishonest [conduct], wilful,
	unprofessional, or negligent conduct in providing [, or negligence
	in the practice of] embalming services or funeral services or
	merchandise to a customer [directing] that is likely to or does
	deceive, defraud, or otherwise injure the public;
	(3) [(4)]  causes the execution of a document by the
	use of fraud, deceit, or misrepresentation;
	(4) [(5)]  directly or indirectly employs a person to
	solicit individuals or institutions by whose influence dead human
	bodies may be turned over to a particular funeral director,
	embalmer, or funeral establishment;
	(5) [(6)]  misappropriates funds held by a license
	holder, a funeral establishment, an employee or agent of the
	funeral establishment, or another depository, that create an
	obligation to provide a funeral service or merchandise, including
	retaining for an unreasonable time excess funds paid by or on behalf
	of the customer for which the customer is entitled to a refund; or
	(6) [(7)]  performs acts of funeral directing or
	embalming that are outside the licensed scope and authority of the
	license holder, or performs acts of funeral directing or embalming
	in a capacity other than that of an employee, agent, subcontractor,
	or assignee of a licensed funeral establishment that has contracted
	to perform those acts.
	SECTION 45.  Section 651.461, Occupations Code, is amended
	to read as follows:
	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 in writing 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.
	SECTION 46.  Section 651.508, Occupations Code, is
	transferred to Subchapter J, Chapter 651, Occupations Code,
	redesignated as Section 651.462, Occupations Code, and amended to
	read as follows:
	Sec. 651.462  [651.508].  ENFORCEMENT OF LAW REGULATING
	CREMATORIES. A [For purposes of this subchapter, a] person
	regulated under this chapter that violates Chapter 716, Health and
	Safety Code, violates this chapter.
	SECTION 47.  Section 651.501(a), Occupations Code, is
	amended to read as follows:
	(a)  The [After a hearing as provided by this subchapter,
	the] commission may issue a letter of warning [reprimand], assess
	an administrative penalty, revoke or [,] suspend a license, place a
	license holder on probation [or probate the suspension of a license
	or provisional license], or impose any combination of those
	penalties if the commission determines that a person regulated
	under this chapter has violated [for a violation of] this chapter or
	a rule adopted under this chapter.
	SECTION 48.  Subchapter K, Chapter 651, Occupations Code, is
	amended by adding Section 651.5012 to read as follows:
	Sec. 651.5012.  CHARGING FUNERAL ESTABLISHMENT WITH
	VIOLATION.  Notwithstanding Section 651.501(b), in determining
	whether to charge a funeral establishment with a violation, the
	commission may consider:
	(1)  the nature and seriousness of the violation; and
	(2)  the extent to which the owner or manager of the
	funeral establishment made any decision that led to the conduct
	that constitutes a violation.
	SECTION 49.  The heading to Section 651.502, Occupations
	Code, is amended to read as follows:
	Sec. 651.502.  LICENSE DENIAL[; EFFECT OF CRIMINAL
	CONVICTION].
	SECTION 50.  Section 651.502, Occupations Code, is amended
	by amending Subsections (a) and (b) and adding Subsection (a-1) to
	read as follows:
	(a)  After a hearing before the commission, the [The]
	commission may[, before a hearing or a waiver of a right to a
	hearing,] refuse to issue or renew:
	(1)  a license or provisional license to a person who
	has violated this chapter or a rule adopted under this chapter or
	who has a criminal conviction; 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 denial [refusal] by subterfuge or other evasive means.
	(a-1)  The commission may, after a hearing held under
	Subsection (a), order that a license be issued or renewed on a
	probationary basis through execution of an agreed order.
	(b)  A person who is refused the issuance or renewal of [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.
	SECTION 51.  The heading to Section 651.503, Occupations
	Code, is amended to read as follows:
	Sec. 651.503.  LETTER OF WARNING; REPORT BY LICENSE HOLDER.
	SECTION 52.  Section 651.503(a), Occupations Code, is
	amended to read as follows:
	(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.
	SECTION 53.  Section 651.505, Occupations Code, is amended
	by amending Subsection (a) and adding Subsection (d) to read as
	follows:
	(a)  If the commission places a license holder on probation
	[a person whose license has been suspended], the commission may
	impose conditions on the probation that are reasonable and related
	to the reason the license holder was placed on probation [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.
	(d)  The commission may revoke the license of a license
	holder without a hearing if the commission determines the license
	holder violated the terms of probation. 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.
	SECTION 54.  Section 651.506(a), Occupations Code, is
	amended to read as follows:
	(a)  A proceeding conducted by the commission relating to an
	appeal of 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 under
	Subchapter L [assessed after a hearing as provided by Section
	651.551] and judicial review of the proceeding are governed by
	Chapter 2001, Government Code.
	SECTION 55.  Section 651.506(f), Occupations Code, is
	redesignated as Section 651.50601, Occupations Code, and amended to
	read as follows:
	Sec. 651.50601.  DECISION BY COMMISSION. [(f)]  The
	commission shall review the findings of fact, conclusions of law,
	and ruling of the administrative law judge in a proceeding under
	Section 651.506 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.
	SECTION 56.  Subchapter K, Chapter 651, Occupations Code, is
	amended by adding Section 651.5029 to read as follows:
	Sec. 651.5029.  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 a sanction may be imposed; and
	(3)  the types of sanctions that may be imposed for the
	violation.
	(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 types of sanctions that may be
	imposed for the violation; and
	(4)  a statement that the person may request an
	informal proceeding.
	(c)  Until a hearing has been held on the possible violation,
	the possible violation and the sanctions that may be imposed 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.
	SECTION 57.  Subchapter K, Chapter 651, Occupations Code, is
	amended by adding Section 651.5065 to read as follows:
	Sec. 651.5065.  INFORMAL PROCEEDINGS. (a) The commission
	by rule shall adopt procedures governing:
	(1)  informal disposition of a contested case under
	Section 2001.056, Government Code; and
	(2)  an informal proceeding held in compliance with
	Section 2001.054, Government Code.
	(b)  Rules adopted under this section must:
	(1)  provide the complainant and the license holder an
	opportunity to be heard; and
	(2)  require the presence of a representative of the
	commission's legal staff or of the attorney general to advise the
	commission or the commission's employees.
	SECTION 58.  Section 651.5515, Occupations Code, is
	transferred to Subchapter K, Chapter 651, Occupations Code,
	redesignated as Section 651.5075, Occupations Code, and amended to
	read as follows:
	Sec. 651.5075 [651.5515].  SANCTIONS SCHEDULE [PENALTY
	GUIDELINES]. (a) The commission by rule shall adopt a sanctions
	schedule [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 that occur under this
	chapter;
	(2)  the types of sanctions, including administrative
	penalties, that may be imposed [penalty amounts assessed] for those
	violations; and
	(3)  the factors used to determine the sanction that
	may be imposed for [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 sanctions
	[penalties] to violations before proposing the rules under this
	section.
	(c)  The commission shall post the schedule [guidelines] on
	the commission's Internet site.
	SECTION 59.  Section 651.552(b), Occupations Code, is
	amended to read as follows:
	(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 sanctions schedule [guidelines] adopted under
	Section 651.5075 [651.5515]; and
	(7)  any other matter that justice requires.
	SECTION 60.  Section 651.602, Occupations Code, is amended
	by amending Subsection (b) and adding Subsection (c) to read as
	follows:
	(b)  A person commits an offense if the person:
	(1)  participates in or influences the management or
	operation of a funeral establishment;
	(2)  has held a license that was revoked, suspended, or
	canceled by the commission; and
	(3)  does not hold a license issued by the commission.
	(c)  An offense under this section is a Class B misdemeanor.
	SECTION 61.  Section 651.652, Occupations Code, is amended
	to read as follows:
	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.
	SECTION 62.  The following sections of the Occupations Code
	are repealed:
	(1)  Section 651.257;
	(2)  Section 651.2595;
	(3)  Section 651.264;
	(4)  Sections 651.303(b) and (c);
	(5)  Section 651.304(e);
	(6)  Section 651.305(e) and (f);
	(7)  Section 651.354(d);
	(8)  Section 651.355;
	(9)  Sections 651.502(c) and (d);
	(10)  Section 651.5026;
	(11)  Section 651.504;
	(12)  Sections 651.506(g) and (h);
	(13)  Section 651.5061; and
	(14)  Section 651.559.
	SECTION 63.  Section 651.051(a)(2), Occupations Code, as
	amended by this Act, applies only to a member of the Texas Funeral
	Service Commission appointed on or after the effective date of this
	Act. A member appointed before the effective date of this Act may
	continue to serve until the expiration of the member's term.
	SECTION 64.  Sections 651.253 and 651.258, Occupations Code,
	as amended by this Act, apply only to a person who applies for a
	funeral director's license or embalmer's license on or after the
	effective date of this Act. A person who applies for a funeral
	director's license or embalmer's license before the effective date
	of this Act is governed by the law in effect on the date the person
	applied for that license, and the former law is continued in effect
	for that purpose.
	SECTION 65.  Section 651.2661, Occupations Code, as
	transferred, redesignated, and amended by this Act, applies only to
	a person who applies for reinstatement of a license on or after the
	effective date of this Act. A person who applies for renewal of a
	license under former Section 651.165, Occupations Code, before the
	effective date of this Act is governed by the law in effect on the
	date the person applied for renewal, and the former law is continued
	in effect for that purpose.
	SECTION 66.  Section 651.2662, Occupations Code, as
	transferred, redesignated, and amended by this Act, applies only to
	a person who applies for reinstatement of a license on or after the
	effective date of this Act. A person who applies for reinstatement
	of a license under former Section 651.1655, Occupations Code,
	before the effective date of this Act is governed by the law in
	effect on the date the person applied for reinstatement, and the
	former law is continued in effect for that purpose.
	SECTION 67.  Section 651.267, Occupations Code, as amended
	by this Act, applies only to a person who applies for reissuance of
	a license on or after the effective date of this Act. A person who
	applies for reissuance of a license before the effective date of
	this Act is governed by the law in effect on the date the person
	applied for reissuance, and the former law is continued in effect
	for that purpose.
	SECTION 68.  Section 651.502, Occupations Code, as amended
	by this Act, applies only to a person who applies for the issuance
	or renewal of a license on or after the effective date of this Act. A
	person who applies for the issuance or renewal of a license before
	the effective date of this Act is governed by the law in effect on
	the date the person applied, and the former law is continued in
	effect for that purpose.
	SECTION 69.  Section 651.505, Occupations Code, as amended
	by this Act, applies only to a person placed on probation on or
	after the effective date of this Act. A person placed on probation
	before the effective date of this Act is governed by the law in
	effect on the date the person was placed on probation, and the
	former law is continued in effect for that purpose.
	SECTION 70.  Section 651.506, Occupations Code, as amended
	by this Act, and Section 651.50601, Occupations Code, as
	redesignated and amended by this Act, apply only to a proceeding
	initiated on or after the effective date of this Act. A proceeding
	initiated before the effective date of this Act is governed by the
	law in effect on the date the proceeding was initiated, and the
	former law is continued in effect for that purpose.
	SECTION 71.  Section 651.5029, Occupations Code, as added by
	this Act, applies only to a violation that occurs on or after the
	effective date of this Act. A violation that occurs before the
	effective date of this Act is governed by the law in effect on the
	date the violation occurred, and the former law is continued in
	effect for that purpose.
	SECTION 72.  This Act takes effect September 1, 2015.