PART 10. TEXAS FUNERAL SERVICE COMMISSION
CHAPTER 203. LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES
The Texas Funeral Service Commission (Commission) proposes an amendment §203.6, concerning Provisional Licensees. The Commission is adding a new subsection (o) to the section.
A college of mortuary sciences ("college") in the State of Texas has been threatened with the loss of accreditation. Section 651.253(a)(3), Texas Occupations Code specifically states that for a person to be eligible to receive a funeral director's license or an embalmer's license from the Texas Funeral Service Commission, the person must have graduated from an accredited school or college of mortuary science. Therefore, pursuant to current law, if the college loses its accreditation, a person who graduates during the period after the college loses its accreditation but before accreditation is regained will not be eligible to receive a funeral director's license or an embalmer's license from the state of Texas. However, under the provisions of §651.302, Texas Occupations Code, the Commission believes that it does have the flexibility to continue to issue provisional licenses for embalming and funeral directing to students at the college during the time that the college's accreditation has lapsed (if it does) and is proposing new subsection (o) to assist students at the college by exercising that flexibility. On the other hand, so that there is no misunderstanding that the requirements of §651.253, Texas Occupations Code cannot be changed by rule of the Commission, the Commission is requiring any student who applies for the provisional program under these circumstances to acknowledge prior to entering the provisional program that the student understands that she or he may not be licensed as a funeral director or embalmer if the college does not regain its accreditation during an appropriate period of time.
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 the state or local governments as a result of enforcing or administering the amended rule.
Mr. Robbins has determined that for each year of the first five years the proposed amendment is in effect, the public benefit will be to allow some students who might otherwise have been disadvantaged by the loss of accreditation by the college they are attending to enter provisional license status. There will be no effect on small or micro businesses. There are no anticipated costs to individuals for compliance with this amended rule.
Mr. Robbins has determined that this proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under §2007.043, Texas Government Code.
Mr. Robbins has determined that this proposal is not a "major environmental rule" as defined by §2001.0225, Texas Government Code. "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of the state or a sector of the state.
Mr. Robbins has determined that a local employment impact statement is not required because the proposal does not adversely affect any local economy in a material way.
Comments on the proposal may be submitted to Mr. Robbins at P.O. Box 12217, Capitol Station, Austin, Texas 78711-1440; by fax to (512) 479-5064; or electronically to chet.robbins@tfsc.state.tx.us.
The amendment to §203.6 is proposed under Texas Occupations Code, §651.152. The Commission interprets Texas Occupations Code, §651.152 as authorizing it to adopt rules and forms as necessary to administer Chapter 651.
No other statutes, articles, or codes are affected by the proposal.
§203.6.Provisional Licensees.
(a) - (n) (No change.)
(o) While, pursuant to §651.253, Texas Occupations Code, a person is not eligible for a funeral director's or embalmer's license from the commission unless the person shall have graduated from an accredited school or college of mortuary science, the commission may, pursuant to §651.302, Texas Occupations Code, issue a provisional license to practice funeral directing or embalming to a person who is enrolled in a school or college of mortuary science that has lost its accreditation if the school or college or mortuary science was accredited at the time the student enrolled. The commission will not issue such a provisional license to practice funeral directing or embalming unless the person signs an acknowledgement that the person understands that the person is not eligible for a funeral director's or embalmer's license unless the school or college of mortuary science regains its accreditation during the maximum 24 consecutive months provided by subsection (c) of this 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 July 30, 2009.
TRD-200903223
O. C. "Chet" Robbins
Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: September 13, 2009
For further information, please call: (512) 936-2466