Part 10. TEXAS FUNERAL SERVICE COMMISSION

Chapter 201. LICENSING AND ENFORCEMENT--PRACTICE AND PROCEDURE

22 TAC §201.2

The Texas Funeral Service Commission adopts the repeal of §201.2, concerning Agreements To Be in Writing, without changes to the proposed text as published in the June 29, 2001, issue of the Texas Register (26 TexReg 4821).

The Texas Funeral Service Commission repeals the section to get rid of an obsolete rule.

No comments were received regarding the adoption of the repeal.

The repeal is adopted under §651.152 of the Texas Occupation Code, as amended by Section 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 3, 2001.

TRD-200104465

O.C. "Chet" Robbins

Executive Director

Texas Funeral Service Commission

Effective date: August 23, 2001

Proposal publication date: June 29, 2001

For further information, please call: (512) 936-2480

22 TAC §201.3

The Texas Funeral Service Commission adopts the repeal of §201.3, concerning Appearances; without changes to the proposed text as published in the June 29, 2001, issue of the Texas Register (26 TexReg 4820).

The Texas Funeral Service Commission repeals the section to get rid of an obsolete rule.

No comments were received regarding the adoption of the repeal.

The repeal is adopted under §651.152 of the Texas Occupation Code, as amended by Section 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 3, 2001.

TRD-200104466

O.C. "Chet" Robbins

Executive Director

Texas Funeral Service Commission

Effective date: August 23, 2001

Proposal publication date: June 29, 2001

For further information, please call: (512) 936-2480

22 TAC §201.4

The Texas Funeral Service Commission adopts the repeal of §201.4, concerning Motions for Consideration; Exceptions without changes to the proposed text as published in the June 29, 2001, issue of the Texas Register (26 TexReg 4821).

The Texas Funeral Service Commission repeals the section to get rid of obsolete rules.

No comments received.

The repeal is adopted under Section 651.152 of the Texas Occupation Code, as amended by Section 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 2, 2001.

TRD-200104457

O.C. "Chet" Robbins

Executive Director

Texas Funeral Service Commission

Effective date: August 22, 2001

Proposal publication date: June 29, 2001

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

22 TAC §201.6

The Texas Funeral Service Commission adopts the repeal of §201.6, Place and Nature of Hearings without changes to the proposed text as published in the June 29, 2001, issue of the Texas Register (26 TexReg 4821).

The Texas Funeral Service Commission repeals the section to get rid of obsolete rules.

No comments received.

The repeal is adopted under Section 651.152 of the Texas Occupation Code, as amended by Section 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 2, 2001.

TRD-200104456

O.C. "Chet" Robbins

Executive Director

Texas Funeral Service Commission

Effective date: August 22, 2001

Proposal publication date: June 29, 2001

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

22 TAC §201.7

The Texas Funeral Service Commission adopts an amendment to §201.7, concerning Allegations and Investigations, without changes to the proposed text as published in the June 29, 2001, issue of the Texas Register (26 TexReg 4821).

The Texas Funeral Service Commission adopting an amendment to delete the language "must be in writing" and add the language "should". It is also to change the language from "and" to "and/or". The language "/or" is being added. This is a grammatical change. The language is being changed/written to make it easier for the consumer to respond.

The amendment brings the rule into agreement with statute.

Comment received: On line 5 of (b) appears the phrase..."other material pertinent to an investigation...." Service Corporation International (SCI) would like to suggest that the term pertinent should be changed to relevant. Relevancy is a term that has been legally defined and is more easily understood. The term pertinent, on the other hand, is more likely to be subject to vague and indefinite construction and interpretation. As such, it is believed that both the Commission and licensees would be better served by the substitution of relevant for pertinent in the Commission's proposal.

With regards to the comment by Service Corporation International (SCI), the Commission believes the words pertinent and relevant have the same general meaning, and common usage. Pertinent is a synonym of relevant and viceversa. Relevancy is equally subjective and although SCI believes it carries a more legal interpretation, the word pertinent is understood in common usage and vernacular. The language of the rule stands as already submitted for adoption.

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

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 3, 2001.

TRD-200104463

O.C. "Chet" Robbins

Executive Director

Texas Funeral Service Commission

Effective date: August 23, 2001

Proposal publication date: June 29, 2001

For further information, please call: (512) 936-2480

22 TAC §201.8

The Texas Funeral Service Commission adopts an amendment to §201.8, concerning Procedures for the Petition for Adoption of Rules, without changes to the proposed text as published in the June 29, 2001, issue of the Texas Register (26 TexReg 4822).

The Texas Funeral Service Commission adopting an amendment to change some of the language. The wording has changed although the meanings are equivalent. Delete the words "commission chairman" and add "presiding officer". Delete the words "task a standing committee" and add "assign the task to staff". Delete the words "tasked committee" and add "appropriate group". This is a grammatical change. The language is being changed/written to make it easier for the consumer to respond.

The amendment brings the rule into agreement with statute.

No comments were received regarding adoption of the amendment.

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

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 3, 2001.

TRD-200104468

O.C. "Chet" Robbins

Executive Director

Texas Funeral Service Commission

Effective date: August 23, 2001

Proposal publication date: June 29, 2001

For further information, please call: (512) 936-2480