Title OC, Occupations Code

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 sub…

Sec. 651.260. DUPLICATE LICENSE. (a) A license holder may apply to the commission for a duplicate license: (1) if a license issued under this chapter is lost or destroyed; or (2) as needed to comply with Section 651.261. (b) The license holder must submit the application on a for…

Sec. 651.261. POSTING OF LICENSE. A license holder shall conspicuously display the holder's license in each place of business at which the license holder practices. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 562, Sec. 16, eff. …

Sec. 651.264. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER. (a) The commission may renew without reexamination an expired license of a person who was licensed in this state, moved to another state, and is licensed and has been in practice in the other state for the two…

Sec. 651.265. RENEWAL FOR CERTAIN RETIRED APPLICANTS; INACTIVE STATUS. (a) A license holder who is at least 65 years of age or who has a disability of 75 percent or greater at the time an application for renewal is submitted may apply for renewal of the license in the category of…

Sec. 651.266. CONTINUING EDUCATION. The commission by rule may require continuing education as a condition for license renewal except for a license holder described by Section 651.155 or an applicant for renewal described by Section 651.265. If the commission requires continuing …

Sec. 651.267. REISSUANCE OF REVOKED LICENSE. (a) On application, the commission may reissue a license issued under this subchapter to a person whose license has been revoked. An application to reissue a license may not be made before the third anniversary of the date of the revoc…

Sec. 651.301. PROVISIONAL LICENSE REQUIRED. A person must obtain a provisional license before the person may engage in learning the practice of funeral directing or embalming under the instruction, direction, and personal supervision in this state of a licensed funeral director o…

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…

Sec. 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) A provisional license holder may work only: (1) in a funeral …

Sec. 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 license holder program. (b) A mortuary school…

Sec. 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 the establishment or facility where the provisional license holder …

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 provisiona…

Sec. 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 renew the provisional license, the commission shall: (1) impose a late payment penalt…

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 S…

Sec. 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 funeral service is provided. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. SU…

Sec. 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 establishment to be owned by a person licensed under this chapter. (c) To …

Sec. 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 or at retail to the pu…

Sec. 651.354. RENEWAL OF FUNERAL ESTABLISHMENT LICENSE. (a) The commission shall mail written notice to a funeral establishment of the impending expiration of the establishment's license not later than the 30th day before the expiration date of the license. The notice must state …

Sec. 651.401. FIRST CALL; REMOVAL OF BODY. (a) First call occurs at the beginning of a relationship between a funeral director and a person authorized by Section 711.002, Health and Safety Code, to control the disposition of the decedent's remains. (b) Notwithstanding Subsection …

Sec. 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 a licensed employee of a licensed funeral establishment that …

Sec. 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 that designation. (b) The funeral director in cha…

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 pri…

Sec. 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 include the retail price of: (1) transferring a deceased person to the funeral…

Sec. 651.4055. RETAIL PRICE LIST; 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 crematory. (b) A retail price list must contain: (1) the name, address, and telephone number of the cre…

Sec. 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 person by the funeral establishment on behalf of the customer and each fe…

Sec. 651.4065. PURCHASE AGREEMENT; CREMATORY. (a) A purchase agreement must state: (1) the name, address, and telephone number of the crematory; (2) the amount paid or owed to another person by the crematory on behalf of the customer and each fee charged the customer for the cost…

Sec. 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 a person authorized to consent to the use. (b) A funeral director or embalme…

Sec. 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 to the customer for those services. Added by Acts 2001, 77th Le…

Sec. 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 present when the casket containing the human body to which the contract applies is plac…

Sec. 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 the officer that the next of kin of a person who at the time of death was a…

Sec. 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 Leg., R.S., Ch. 373 (H.B. 3064), Sec. 2, eff. September 1, 2013. S…

Sec. 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; (2) uses fraud or deception in passing the examination, …

Sec. 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 activity regulated under this chapter; or (B) a felony; (2) unfit to practice as a f…

Sec. 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 with an advertisement, the name of a person who is falsely represented to be a license holder…

Sec. 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 beginning of the arrangement process with a copy of the brochure …

Sec. 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 type of a …

Sec. 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 agent of the person authorized to make funeral arrangements for the deceased…

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…

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 regardless of any affiliation of the customer or whether the customer has a present need for the services or m…

Sec. 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 signature; or (B) a document required by this chapter or a r…

Sec. 651.460. PROHIBITED PRACTICES RELATED TO FAILURE TO COMPLY WITH OTHER LEGAL REQUIREMENTS. (a) A person violates this chapter if the person: (1) arranges for funeral services or merchandise and fails to provide a customer with a purchase agreement as required by Section 651.4…

Sec. 651.461. DEFENSE TO VIOLATION. A person licensed under this chapter does not violate this chapter by engaging in conduct regarding funeral arrangements under the direction of a person who: (1) represents to the license holder that the person is authorized to make funeral arr…

Sec. 651.501. GENERAL DISCIPLINARY POWERS OF COMMISSION. (a) After a hearing as provided by this subchapter, the commission may issue a reprimand, assess an administrative penalty, revoke, suspend, or probate the suspension of a license or provisional license, order a license hol…

Sec. 651.5011. CHARGING FUNERAL DIRECTOR IN CHARGE WITH VIOLATION. In determining whether to charge a funeral director in charge with a violation based on conduct for which a licensed employee of the funeral establishment was directly responsible, the commission may consider: (1)…

Sec. 651.502. LICENSE DENIAL; EFFECT OF CRIMINAL CONVICTION. (a) The commission may, before a hearing or a waiver of a right to a hearing, refuse to issue: (1) a license or provisional license to a person who has violated this chapter or a rule adopted under this chapter; or (2) …