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
(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. the signature line for the form: “The undersigned authorizes and directs the funeral establishment, including apprentices, and mortuary students under the direct supervision of a licensed embalmer, and the funeral establishment’s employees, independent contractors, and agents to care for, embalm, and prepare the body of the decedent. The undersigned acknowledges that this authorization encompasses permission to embalm at the funeral establishment or at another facility equipped for embalming, including a school or college of mortuary science.” (f) This section does not apply to a dead human body obtained by a school or college of mortuary science under Chapter 691 or 692A, Health and Safety Code. Sec. 651.409. Notice to Next of Kin of Deceased Peace Officer A funeral director who prepares a deceased peace officer for burial or other disposition shall make every effort to advise the next of kin of the officer that the next of kin of a person who at the time of death was a peace officer or an honorably retired peace officer who voluntarily terminated employment with a law enforcement agency of this state or a political subdivision of this state is eligible on request to receive a state flag from the Texas Commission on Law Enforcement at no cost to the next of kin. (7) Cremation container: A casket or other container designed to transport a deceased human body and for placement in a cremation chamber during cremation. (8) Cremation interment container: A rigid outer container composed of concrete, steel, fiberglass, or similar material used for the ground burial of cremated remains that meets a cemetery’s specifications. (9) Crematory: A structure containing a retort used or intended to be used for cremation of human remains. (10) Crematory establishment: A business that operates a crematory for which a license is required under Subchapter N, Chapter 651, Occupations Code. (10-a) First responder has the meaning assigned by Section 421.095, Government Code. (11) Funeral director has the meaning assigned by Section 651.001, Occupations Code. (12) Funeral establishment has the meaning assigned by Section 651.001, Occupations Code. (13) Scattering area: An area designated for scattering cremated remains. The term includes dedicated cemetery property on which cremated remains may be: (A) Mixed with or placed on top of soil or ground cover; or (B) Commingled and buried in an underground receptacle.
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. 651.407. Use of Body by School of Mortuary Science (a) A school or college of mortuary science may not use a dead human body for educational or instructional purposes without the written consent of a person authorized to consent to the use. (b) A funeral director or embalmer may not release a dead human body for delivery to a school or college of mortuary science, and a school or college of mortuary science may not accept a dead human body, without possession of the written consent required by Subsection (a). (c) The funeral establishment shall retain a copy of the written consent for at least two years and shall make the records of the funeral establishment reasonably available for inspection by: (1) The commission; (2) The person who provided the consent; and (3) The next of kin of the deceased person. (d) The school or college of mortuary science shall retain a copy of the written consent permanently and shall make the records of the school or college of mortuary science reasonably available for inspection by the commission. (e) A written consent form used under this section must contain, in the same size print as the remainder of the form, the following statement immediately above A. General Provisions Sec. 716.001. Definitions In this chapter: (1) Authorizing agent: A person authorized to dispose of a decedent’s remains under Section 711.002. (2) Cemetery has the meaning assigned by Section 711.001. (3) Commission: The Texas Funeral Service Commission (TFSC). (4) Cremated remains: The recoverable human remains after the completion of the cremation process. The term may include the residue of any nonhuman matter cremated with the deceased human body, including casket material, bridgework, eyeglasses, or other material. (5) Cremation: The irreversible process of reducing human remains to bone fragments through direct flame, extreme heat, and evaporation. The term may include pulverization, which is the process of reducing identifiable bone fragments after cremation and processing granulated particles by manual or mechanical means. (6) Cremation chamber: An enclosed retort used exclusively for cremation of human remains.
HEALTH AND SAFETY CODE. TITLE 8. DEATH AND DISPOSITION OF THE BODY Subtitle C. Cemeteries and Crematories. Chapter 716. Crematories Subchapter
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Book Code: FTX1625
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