Part 10.
TEXAS FUNERAL SERVICE COMMISSION
Chapter 201.
LICENSING AND ENFORCEMENT--PRACTICE AND PROCEDURE
22 TAC §201.3
The Texas Funeral Service Commission (Commission) proposes
an amendment to Title 22, §201.3, concerning Complaints and Investigations.
The amendment is proposed because HB 587 (78th Legislature, Regular Session)
added new Chapter 716 to the Health and Safety Code, giving the Commission
regulatory authority over crematories and cremation transactions. The recommended
amendment reflects that expanded enforcement authority.
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 of the first five-year
period the 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 to §201.3 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.
§201.3.Complaints and Investigations.
(a)
Any person may file a complaint with the commission concerning
any licensee’s violation of Texas Occupations Code, Chapter 651, the
rules promulgated by the commission, Texas Health and Safety Code, Chapters
193, 361, and 711 -
716
[
(1) - (5)
(No change.)
(b) - (c)
(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 May 19, 2005.
TRD-200502015
O.C. "Chet" Robbins
Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: July 3, 2005
For further information, please call: (512) 936-2466
22 TAC §201.11
The Texas Funeral Service Commission (Commission) proposes
an amendment to Title 22, §201.11, concerning Disciplinary Guidelines.
The amendment is proposed because HB 587 (78th Legislature, Regular Session)
added new Chapter 716 to the Health and Safety Code, giving the Commission
regulatory authority over crematories and cremation transactions. The recommended
amendment reflects that expanded enforcement authority.
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 of the first five-year
period the 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 to §201.11 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.
§201.11.Disciplinary Guidelines.
When the commission finds that a [
(1) - (6)
(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 May 19, 2005.
TRD-200502016
O.C. "Chet" Robbins
Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: July 3, 2005
For further information, please call: (512) 936-2466
715
], or Texas Finance Code,
Chapter 154. Staff will furnish a form that a person may use for the purpose
of filing a complaint in writing. The form will include space for the following
information:
provisional
] licensee
[
, individual licensee, funeral establishment or commercial embalming
establishment
] has [
committed any of the acts or
] violated
[
any of the provisions of the Texas
] Occupations Code Chapter 651
; Health and Safety Code Sections 711.003, 711.008, 711.010, 711.011,711.021-711.035,
711.038, 711.041, 711.042, 711.061, 711.062, Chapter 716;
or any [
of the provisions
] of the
commission’s
rules [
and regulations promulgated in Title 22 Texas Administrative Code Chapters
201-210
], it shall:
Chapter 203.
LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES