TITLE 22.EXAMINING BOARDS

Part 10. TEXAS FUNERAL SERVICE COMMISSION

Chapter 205. CEMETERIES AND CREMATORIES

22 TAC §205.6

The Texas Funeral Service Commission (commission) adopts new §205.6, concerning Contracts for Direct Cremation Services without changes to the text as published in the October 8, 2004, issue of the Texas Register (29 TexReg 9492). The text of the rule will not be republished.

The new section reflects the holding of Attorney General Opinion GA-0218 (2004) that an authorizing agent may contract directly for cremation services if the crematory is also licensed as a funeral establishment or if the authorizing agent receives written authorization from either a justice of the peace or medical examiner.

No comments were received regarding adoption of the new section.

The new section is adopted under the authority of the Texas Occupations Code, §651.152 which authorizes the commission to issue such rules and regulations as may be necessary to administer Chapter 651.

No other statutes, articles, or codes are affected by the new 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 December 31, 2004.

TRD-200407532

O.C. "Chet" Robbins

Executive Director

Texas Funeral Service Commission

Effective date: January 20, 2005

Proposal publication date: October 8, 2004

For further information, please call: (512) 936-2466


Chapter 209. ETHICAL STANDARDS FOR PERSONS LICENSED BY THE COMMISSION

22 TAC §209.1

The Texas Funeral Service Commission (commission) adopts new §209.1, concerning Ethical Standards without changes to the text as published in October 8, 2004, issue of the Texas Register (29 TexReg 9492). The text of the rule will not be republished.

The new section is adopted to comply with the requirements of Section Six of House Bill 1538, 78th Legislature (Regular Session) which directs the commission to adopt ethics standards for licensees.

The new section establishes competency and integrity goals. The new section also requires and prohibits specific conduct in which licensees shall or shall not engage when carrying out their professional duties.

No comments were received regarding adoption of the new section.

The new section is adopted under the authority of the Texas Occupations Code, §651.152 which authorizes the commission to issue such rules and regulations as may be necessary to administer Chapter 651. The new section is also adopted under Occupations Code, §651.151. The commission interprets this section to require the commission to adopt ethics standards.

No other statutes, articles, or codes are affected by the new 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 December 31, 2004.

TRD-200407533

O.C. "Chet" Robbins

Executive Director

Texas Funeral Service Commission

Effective date: January 20, 2005

Proposal publication date: October 8, 2004

For further information, please call: (512) 936-2466