(21) SOAH : The State Office of Administrative Hearings. (22) Unreasonable time : The retention of excess funds for a period that exceeds ten days from the time the funds were received by the funeral establishment or its agent. Rule 201.5 Procedures for the Petition for Adoption of Rules (a) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Person : Any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency. (2) Rule : Any Commission statement of general applicability that implements, interprets, or explains any statute, law, or policy related to the death care industry or describes the procedure or practice requirements of the Commission. The term includes the amendment or repeal of a prior rule. It does not include statements concerning only the internal management or organization of the Commission not affecting private rights or procedures. (b) Any interested person may submit a petition to the Commission requesting the adoption, amendment, or repeal of a rule. Petitions will be deemed submitted only when actually received in printed form by the Executive Director or his/her designee. (c) Each petition will clearly state: (1) The proposed rule(s), including the specific language recommended; (2) A brief explanation of the proposed rule; (3) The statutory or other authority under which the rule is proposed to be promulgated, including a concise explanation of the particular statute or other provisions under which the rule is proposed; (4) The rationale or justification for the adoption, amendment, or repeal of the rule, including the public benefit to be expected. (d) If the petition cannot be placed on the next regularly scheduled Commission agenda within 60 days after receiving the petition, the Executive Director shall automatically deny the petition and notify the petitioner of the denial. A petitioner may waive the 60-day response period in writing. (e) When a petition is received that meets the requirements of subsection (c) of this section and is not automatically denied under subsection (d) of this section, the Executive Director will forward the petition to the Presiding Officer of the Commission who will either assign the task to staff or an appropriate group of interested persons to study the petition and make a recommendation to the Commissioners. (f) The Commissioners will consider the submission of a petition and may either deny the petition or instruct the Executive Director to initiate rulemaking proceedings in accordance with the Administrative Procedure and Texas Register Act. (g) In the event a petition is denied, the Executive Director will advise the interested person who submitted the petition in writing of the denial and will state the reason for the denial by the Commissioners. Rule 201.6 Negotiated Rulemaking The Commission may engage in negotiated rulemaking to assist in the drafting of proposed rules if the Executive Director determines it is advisable to proceed under the procedures established in Government Code Chapter 2008. If the Executive Director concludes that formal negotiated rulemaking is not advisable, the Commission may nonetheless engage in informal negotiated rulemaking.
ornamentation or a fixed interior lining, which is designed for the encasement of human remains and which is made of fiberboard, pressed-wood, composition materials (with or without an outside covering) or like materials. (3) At-need : The time of need of funeral services or merchandise when a human being has become deceased. (4) Cash advance item : Any item of service or merchandise described to a purchaser as a “cash advance,” “accommodation,” “cash disbursement” or similar term. A cash advance item is also any item obtained from a third party and paid for by the funeral provider on the purchaser’s behalf. Cash advance items may include, but are not limited to: cemetery or crematory services; pallbearers; public transportation; clergy honoraria; flowers; musicians or singers; nurses; obituary notices; gratuities; and death certificates. (5) Casket : A rigid container which is designed for the encasement of human remains and which is usually constructed of wood, metal, fiberglass, plastic, or like material, and ornamented and lined with fabric. (6) Commission : The Texas Funeral Service Commission. (7) Cremation : A heating process which incinerates human remains. (8) Cremation Society : A resource for sharing a common interest of learning about cremation and providing consumers the assistance to locate cremation providers in their local area or outside their local area. (9) Direct cremation : Disposition of human remains by cremation, without formal viewing, visitation, or ceremony with the body present. (10) Funeral ceremony : A service commemorating the deceased with the body present. (11) Funeral goods: Goods which are sold or offered for sale directly to the public for use in connection with funeral services. Also referred to as funeral merchandise. (12) Funeral provider : Any person, partnership, or corporation that sells or offers to sell funeral merchandise and funeral services to the public at need. (13) Graveside service : A funeral ceremony with the body present held at the burial site. (14) Holding the body hostage : Refusing for any reason to transfer or allow the transfer of a dead human body to the person responsible for making arrangements for final disposition. (15 ) Immediate burial: Disposition of human remains by burial, without formal viewing, visitation, or ceremony with the body present, except for a graveside service. (16) Memorial service : A ceremony commemorating the deceased without the body present. (17) Morgue : A place where bodies of unidentified persons or those who have died of violence or unknown causes are kept until release for burial or other lawful disposition. (18) Person : Any individual, partnership, corporation, association, government or governmental subdivision or agency, or other entity. (19) Pre-need : Prearranged or prepaid funeral or cemetery services or funeral merchandise, including an alternative container, casket, or outer burial container. The term does not include a grave, marker, monument, tombstone, crypt, niche, plot, or lawn crypt unless it is sold in contemplation of trade for funeral services or funeral merchandise as defined by Finance Code Chapter 154. (20) Refrigeration of body: Maintenance of an unembalmed dead human body at a temperature of 34-40 degrees Fahrenheit.
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Book Code: FTX1624
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