22 TAC §203.29
The Texas Funeral Service Commission (Commission) proposes
Title 22, Texas Administrative Code, Chapter 203, §203.29, concerning
Funeral Establishment Names.
Section 203.29 is proposed to replace the existing §203.29 which has
been repealed due to clarification of the use of a funeral establishment name.
O.C. "Chet" Robbins, Executive Director, has determined that for the first
five-year period the rule amendment is in effect, there will be no fiscal
implication for the state or local governments as a result of enforcing or
administering the proposed repeal of the rule.
Mr. Robbins further has determined that for each of the first five-year
period the proposed rule is in effect, the public benefit anticipated as a
result of enforcing §203.29 will be eliminating the confusion of using
a funeral establishment name for a facility which is not licensed by the Texas
Funeral Service Commission. There will be no effect on large, small or micro-businesses.
The anticipated economic costs to persons who are required to comply with
these sections will be no more or less than the costs to establishments under §203.29
before this repeal and there is no impact on local employment.
Comments on the proposal may be submitted to Mr. Robbins at P.O. Box 12217,
Capitol Station, Austin, Texas 78711-1440, 512-479-5064 (fax), or electronically
to
chet.robbins@tfsc.state.tx.us.
The amendment to §203.29 is proposed under Texas Occupations
Code, §651.152. The commission interprets §651.152 as authorizing
it to adopt rules as necessary to administer Chapter 651.
No other statutes, articles, or codes are affected by the proposal.
§203.29.Funeral Establishment Names.
(a)
Each funeral establishment's application for licensure
shall contain the name to be used on the license.
(b)
The executive director shall issue the license in the requested
name when all licensing requirements are satisfied, unless the director determines
that the name is deceptively or substantially similar to the name of another
licensed funeral establishment in the same county, metropolitan area, municipality,
or service area that objects to the applicant's name choice.
(c)
A funeral establishment's name may be changed by following
the procedure for obtaining the original name.
(d)
An applicant for approval of a new or changed name may
appeal the executive director's denial of the request to the commission. The
commission's decision is final.
(e)
No funeral establishment may advertise or provide funeral
services under a name other than the name on the establishment license.
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 March 8, 2005.
TRD-200501055
O.C. "Chet" Robbins
Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: April 24, 2005
For further information, please call: (512) 936-2466