Part 10. TEXAS FUNERAL SERVICE COMMISSION

Chapter 203. LICENSING AND ENFORCEMENT -- SPECIFIC, SUBSTANTIVE RULES

22 TAC §203.6

The Texas Funeral Commission proposes an amendment to §203.6, concerning Provisional Licenses.

The Texas Funeral Service Commission proposes an amendment to change the language regarding the requirement of the minimum length of time required of the provisional licensure program to be completed to be eligible to take the oral exit interview. The provisional licensee is required to complete 12 consecutive months of training to be eligible to become a licensed embalmer and/or funeral director. The provisional licensee will now be required to complete the apprenticeship to be eligible to take the oral exit interview. The minimum length of time indicated "12 months" is being added and the minimum length of time "10 months" is being deleted.

O. C. "Chet" Robbins, Executive Director, Texas Funeral Service Commission, has determined that for the first five-year period this section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section.

Mr. Robbins, Executive Director, Texas Funeral Service Commission, has determined that for each year of the first five years the section is in effect, there will be no effect on local government. There will be no effect on small or micro businesses. There is no anticipated economic cost to persons who are required to comply with the proposed section. There is public benefit because the provisional licensee must complete twelve months of training.

Comments on the proposal may be submitted to O. C. "Chet" Robbins, Executive Director, Texas Funeral Service Commission, 510 South Congress Avenue, Suite 216, Austin, Texas 78704, (512) 36-2474. Comments may also be submitted electronically to crob@tfsc.state.tx.us or faxed to (512) 479-5064. Comments must be received no later than 30 days from the date of publication of the proposal in the Texas Register .

The amendment is proposed under §651.152 of the Texas Occupation Code, as amended by §18 of House Bill 3516, 76th Legislature, which authorizes the Commission to issue such rules and regulations as may be necessary to effect the intent of the provisions of this section.

No other statutes, articles or codes are affected by the proposed amendment.

§203.6. Provisional Licenses.

(a)-(i)

(No change.)

(j)

Upon completion of a minimum of 12 [ 10 ] months and 60 required cases of the provisional licensure program, each provisional licensee must appear before at least one member of the commission for an oral exit interview in order to demonstrate proficiency related to the duties of a funeral director and/or embalmer. Any person not recommended for licensure as a result of the exit interview shall have his or her program extended by a period of time and number of cases voted on by the commission. Upon completion of the additional time and cases, the provisional licensee must undergo further exit interviews and extensions until recommended for licensure.

(k)-(l)

(No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on April 12, 2000.

TRD-200002608

O.C. "Chet" Robbins

Executive Director

Texas Funeral Service Commission

Earliest possible date of adoption: May 28, 2000

For further information, please call: (512) 936-2474

Chapter 535. PROVISIONS OF THE REAL ESTATE LICENSE ACT

Subchapter F. EDUCATION, EXPERIENCE, EDUCATIONAL PROGRAMS, TIME PERIODS AND TYPE OF LICENSE

22 TAC §535.64

The Texas Real Estate Commission (TREC) proposes an amendment to §535.64, concerning accreditation of schools. The amendment would permit a currently accredited school to apply for accreditation for a new five-year period without providing detailed financial information if the school has provided the statutory surety bond or its equivalent and there are no unsatisfied final money judgments against the school.

Under §535.64, TREC accredits schools for five-year periods. A school must regularly apply for accreditation to continue to offer courses which would be accepted by TREC. As part of the regulation of the school, its finances are reviewed in TREC audits and in investigations if complaints are filed against the school. School owners have questioned whether it is necessary to provide additional information when filing an application if the school is currently accredited in good standing. The proposed amendment would simplify the reaccreditation process by lessening the amount of information that must be provided by currently accredited applicants. Schools which are unable to maintain the required $10,000 surety bond or its equivalent or which have not satisfied any final money judgments against them would be required to provide the detailed financial information set forth in the section.

Mark A. Moseley, General Counsel, has determined that for the first five-year period the sections are in effect there will be no fiscal implications for the state or for units of local government as a result of enforcing or administering the section.

Mr. Moseley also has determined that for each year of the first five years the section as proposed is in effect the public benefit anticipated as a result of enforcing the section will be a simplified process for accrediting existing schools. There is no anticipated economic cost to persons who are required to comply with the proposed section. There is no anticipated impact on small businesses, micro businesses or local or state employment as a result of implementing the section.

Comments on the proposal may be submitted to Mark A. Moseley, General Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas, 78711-2188.

The amendment is proposed under Texas Civil Statutes, Article 6573a, §5(h), which authorizes the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties.

The statute which is affected by this proposal is Texas Civil Statutes, Article 6573a.

§535.64.Accreditation of Schools and Approval of Courses and Instructors.

(a)

(No change.)

(b)

Standards for approval of application for accreditation. To be accredited as a school, the applicant must satisfy the commission as to the applicant's ability to administer courses with competency, honesty, trustworthiness and integrity. If the applicant proposes to employ another person, such as an independent contractor, to conduct or administer the courses, the other person must meet this standard as if the other person were the applicant. The applicant also must demonstrate that the applicant has sufficient financial resources to conduct its proposed operations on a continuing basis without risk of loss to students attending the school and that the proposed facilities will be adequate and safe for conducting classes. If the applicant is currently accredited, the applicant will be deemed to meet financial requirements imposed by this subsection once the applicant has provided the statutory bond or other security acceptable to the commission under §7(f) of the Act and there are no unsatisfied final money judgments against the applicant; otherwise, the application will be subject to the financial review provisions of this section.

(c)-(o)

(No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on April 13, 2000.

TRD-200002641

Mark A. Moseley

General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: May 28, 2000

For further information, please call: (512) 465-3900