Part 10. TEXAS FUNERAL SERVICE COMMISSION
Chapter 203. LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES
The Texas Funeral Service Commission (commission) proposes an amendment to §203.26, concerning Funeral Directors and Embalmers License Requirements and Procedure.
The amendment is proposed in order to ensure all applicants submit to an FBI criminal background check.
O.C. "Chet" Robbins, Executive Director, has determined that, for the first five-year period the amendment is in effect, there will be no fiscal implication for state or local governments as a result of enforcing or administering the proposed amendment.
Mr. Robbins further has determined that, for each year of the first five-year period the proposed amendment is in effect, the public benefit anticipated as a result of enforcing the amendment will be eliminating the oral exit interviews in order to expedite the licensure of qualified applicants thereby allowing them to be placed into the community sooner. There will be no effect on large, small, or micro-businesses. There is no anticipated economic costs to persons who are required to comply with the amendment as proposed. 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 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 of the Texas Occupations Code.
No other statutes, articles, or codes are affected by the proposal.
§203.26.Funeral Directors and Embalmers License Requirements and Procedure.
(a) (No change.)
(b) Initial License and Fees:
(1) - (4) (No change.)
(5) All applicants for an initial license must submit to an FBI background check.
(c) (No change.)
(d) Renewal Procedures and Conditions
(1) - (3) (No change.)
(4) A person whose license has been expired for one (1) year or more, may not renew the license, but may reinstate the license by meeting the following requirements:
(A) - (B) (No change.)
(C) completion of the mandatory continuing education
requirements of [
subsection
] §203.30(f)(2) of this
chapter
[
section
].
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 December 21, 2007.
TRD-200706567
O.C. Robbins
Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: February 3, 2008
For further information, please call: (512) 936-2466
The Texas Funeral Service Commission (commission) proposes an amendment to §203.38, relating to reinstatement of funeral director and/or embalmer licenses.
The amendment is proposed in order to revise the license descriptions that have been cancelled or revoked.
O.C. "Chet" Robbins, Executive Director, has determined that, for the first five-year period the proposed amendment is in effect, there will be no fiscal implication for state or local governments as a result of enforcing or administering the proposed amendment.
Mr. Robbins further has determined that, for each year of the first five-year period the proposed amendment is in effect, the public benefit anticipated as a result of enforcing the amendment will be eliminating the oral exit interviews in order to expedite the licensure of qualified applicants thereby allowing them to be placed into the community sooner. There will be no effect on large, small, or micro-businesses. There is no anticipated economic costs to persons who are required to comply with the amendment as proposed. 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 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 of the Texas Occupations Code.
No other statutes, articles, or codes are affected by the proposal.
§203.38.Reinstatement of Funeral Director and/or Embalmer Licenses.
(a) A person whose license to practice funeral directing
and/or embalming has been cancelled or revoked[
, whether by voluntary
action or by disciplinary action of a civil court, commission or board,
]
may
,
after five (5) years from the effective date of such
cancellation or revocation, petition the Board for reinstatement of
the license, unless another time is provided in the cancellation or
revocation order[
, or unless no provision was made in the order for reinstatement
]. This rule does not apply to licensees who
let their licenses lapse for non-payment of renewal fees [
or licensees against whom a cancellation or revocation proceeding is
not pending before the Commission or Board or in any other jurisdiction
].
(b) - (e) (No change.)
(f) In considering a petition for reinstatement, the Commission or Board may consider the petitioner's:
(1) - (3) (No change.)
(4) participation in continuing education programs or other methods of staying current with the practice of funeral directing and/or embalming ;
(5) (No change.)
(6) offers of employment as a funeral director and/or embalmer ;
(7) - (9) (No change.)
(10) history of acts or actions by any other state and federal regulatory agencies ; and
(11) (No change.)
(g) In considering a petition, the Commission or Board may also consider:
(1) the gravity of the offense for which the petitioner's
license was cancelled
or
[
,
] revoked[
, restricted
or surrendered and the impact the offense had upon the public health,
safety, and welfare
];
(2) the length of time since the petitioner's license was cancelled
or
[
,
] revoked [
, or restricted,
]
as a factor in determining whether the time period has been sufficient
for the petitioner to have rehabilitated himself to be able to practice
funeral directing or embalming in a manner consistent with the public
health, safety and welfare;
(3) whether the license was submitted voluntarily for cancellation or revocation at the request of the licensee; and
(4) (No change.)
(h) (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 December 21, 2007.
TRD-200706566
O.C. Robbins
Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: February 3, 2008
For further information, please call: (512) 936-2466
The Texas Funeral Service Commission (commission) proposes new §203.40, relating to hardships regarding provisional licenses.
The new rule is proposed to allow persons whose provisional license has been cancelled for failure to comply due to a personal situation to petition the commission for reinstatement.
O.C. "Chet" Robbins, Executive Director, has determined that, for the first five-year period the proposed new section is in effect, there will be no fiscal implication for state or local governments as a result of enforcing or administering the proposed rule.
Mr. Robbins also has determined that, for each year of the first five-year period the proposed new section is in effect, the public benefit anticipated as a result of enforcing the new rule will be to ensure that licensees have adequate time for rehabilitation prior to petitioning the commission for reinstatement in order that the public might be protected from unethical/unlawful funeral directors and/or embalmers. There will be no effect on large, small, or micro-businesses. There is no anticipated economic cost to persons who are required to comply with the new section as proposed. 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 new section 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 of the Texas Occupations Code.
No other statutes, articles, or codes are affected by the proposal.
§203.40.Provisional License; Hardship.
(a) Notwithstanding the provisions of §203.38(a) of this chapter, a person whose provisional license is cancelled for failure to comply with §203.6 of this chapter may within 60 days of such cancellation notify the Executive Director that the person wishes to petition the Commission for reinstatement in the provisional program by demonstrating that the failure to comply with §203.6 of this chapter was because of a personal situation that made such compliance unreasonable under the circumstances.
(b) Upon timely receipt of a notice, the Executive Director shall cause the matter of the person's petition for reinstatement to be placed on an agenda for consideration by the Commission.
(c) If the Commission determines that the person has made a compelling case for reinstatement in the provisional program by demonstrating that the failure to comply with §203.6 of this chapter was because of a personal situation that made such compliance unreasonable under the circumstances, the Commission may reinstate the person in the provisional program under terms and conditions that it may prescribe.
(d) If the Commission determines that the person has not made a compelling case for reinstatement in the provisional program, the Commission shall so find and the person's status with respect to licensure will be governed thereafter by the provisions of §203.38 of this chapter.
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 December 21, 2007.
TRD-200706570
O.C. Robbins
Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: February 3, 2008
For further information, please call: (512) 936-2466