(17) Unit pricing : A method of pricing that offers a discount to a purchaser who buys various funeral services and merchandise as a package. 651.002 Application of the Sunset Act The Texas Funeral Service Commission is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished and this chapter expires September 1, 2031. Sec. 651.004. Regulation of Crematory Services (a) The commission shall regulate crematory services as provided by this chapter and Chapter 716, Health and Safety Code.
(b) The commission may not regulate crematory services that occur after burial or inurnment unless the services relate to the care and treatment of the remains in an urn, casket, or outer enclosure. Sec. 651.005. Regulation of Willed Body Programs, Non- Transplant Anatomical Donation Organizations, and Anatomical Facilities The commission shall regulate willed body programs, non- transplant anatomical organizations, and anatomical facilities as provided by Chapter 691, Health and Safety Code, and in accordance with the powers and duties granted by this chapter to the extent necessary to regulate the programs, organizations, and facilities under this chapter. [Note: Sec. 651.004 went into effect in September of 2023.] (2) The license is automatically renewed on receipt of the renewal fee. (b) A funeral establishment that fails to pay the license renewal fee by the due date is subject to a late payment penalty in an amount determined by rule. (c) If the license is expired for longer than 30 days, the funeral establishment may not operate as a funeral establishment until the renewal fee and the late payment penalty are paid. (b) The funeral director in charge is directly responsible for the funeral directing and embalming business of the funeral establishment. (c) The funeral director in charge is ultimately responsible for compliance with the mortuary laws. The funeral director in charge may be charged with a violation of this chapter if a violation occurs in the funeral establishment. Sec. 651.404. Consumer Brochure When funeral services are discussed, a funeral director or agent of the funeral establishment shall provide each prospective customer with a copy of the brochure prepared by the commission under Section 651.201. The funeral establishment shall print additional copies of the brochure if the commission is unable to provide the number of brochures needed by the funeral establishment. Sec. 651.405. Retail Price List; Funeral Establishment (a) “Retail price list” means a printed or typewritten list of the retail price of items or services provided by a funeral establishment and must include the retail price of: (1) Transferring a deceased person to the funeral establishment; (2) Embalming; (3) Using a funeral establishment facility for viewing the deceased; (4) Using a funeral establishment facility for funeral services; (5) Using a hearse; (6) Using a limousine; (7) Caskets; (8) Outer enclosures; (9) Filing a claim seeking life insurance proceeds on behalf of the beneficiaries; and (10) Other itemized services provided by the funeral establishment staff. (b) A retail price list must contain the name, address, and telephone number of the funeral establishment; the effective date for the stated prices; and the following printed notice: “The goods and services shown below are those we can provide to our customers. You may choose only the items you desire. However, any funeral arrangements you select will include a charge for our basic services and overhead. If legal or other requirements mean you must buy any items you did not specifically ask for, we will explain the reason in writing on the statement we
Subchapter H. License Requirements: Funeral and Commercial Embalmer Establishments Sec. 651.354. Renewal of Funeral Establishment License (a) The commission shall mail written notice to a funeral establishment of the impending expiration of the
establishment’s license not later than the 30th day before the expiration date of the license. The notice must state that: (1) To renew the license, the funeral establishment must pay the renewal fee in an amount provided by rule not later than the license expiration date; and Subchapter I. Practice by License Holder Sec. 651.401. First Call; Removal of Body (a) First call occurs at the beginning of a relationship between a funeral director and a person authorized by Section 711.002, Health and Safety Code, to control the disposition of the decedent’s remains. (b) Notwithstanding Subsection (c), a funeral director must direct the pickup of a dead human body under this chapter. (c) A dead human body may be transferred without a funeral director directing the transfer at the direction of a justice of the peace or other law enforcement official. (d) A funeral director may direct an unlicensed person, a provisional license holder, or an embalmer in the removal of a dead human body. A funeral director who directs the removal of a dead human body by an unlicensed person is strictly accountable for compliance with the requirements of this chapter. If an unlicensed person, a provisional license holder, or an embalmer inadvertently encounters a family member or other person with whom funeral arrangements are normally made, the person shall restrict communication with the family member or other person to: (1) Identifying the person’s employer; and (2) Making any disclosure to the family member or other person that is required by federal or state law or regulation. Sec. 651.402. Relationship of Funeral Director to Funeral Establishment A person may act as a funeral director in directly or indirectly providing funeral services for compensation only if the person: (1) Is acting as a licensed employee of a licensed funeral establishment that has contracted to provide those funeral services; or (2) Is a licensed agent, subcontractor, or assignee of the licensed funeral establishment that has contracted to provide those funeral services. Sec. 651.403. Designation of Funeral Director in Charge; Effect of Violation (a) A funeral establishment shall: (1) Designate to the commission a funeral director in charge; and (2) Promptly notify the commission of any change in that designation.
Book Code: FTX1624
Page 11
EliteLearning.com/Funeral
Powered by FlippingBook