Rule 204.7 Establishment Fees for Funeral Homes, Commercial Embalming Facilities, and Crematories (Not Refundable) (a) New Establishment License Fee - $462 (Includes a $5 surcharge in accordance with Tex. Occ. Code Sec. 101.307). (b) Establishment Renewal Fee - $537 (includes a $1 surcharge in accordance with Tex. Occ. Code Sec. 101.307 and a $16 surcharge in accordance with Tex. Gov. Code Sec. 2054.252). (c) Establishment Late Penalty (added to renewal fee if more than one day late) - $520. Rule 204.8 Establishment Fees for Cemeteries (a) Initial Cemetery License Fee - $100. (b) Cemetery Renewal Fee - $101 (Includes a $1 surcharge in accordance with Tex. Occ. Code Sec. 101.307). (c) Cemetery Late Penalty (added to renewal fee if more than one day late) - $100. Rule 204.9 Miscellaneous Fees (Not Refundable) (a) Duplicate or Replacement License - $5. (b) Preliminary Evaluation of Eligibility for Licensure of Person with Criminal Record - $95. (c) Written Verification of License: (1) Annual Provider Fee - $250. (2) Course Fee - $50. (3) Individual Non-Approved Provider Fee - $25. Rule 204.10 Penalties (a) Continuing education noncompliance - $300. (b) Disciplinary penalties (Refer to Commission Rule §203.43 of this title). Rule 205.7 Waiting Period for Cremation Cremation may not occur sooner than 48 hours following the time of death indicated on the death certificate unless the waiting period is waived in writing by a Justice of the Peace or a Medical Examiner of the county in which the death occurred; or by a court order. Rule 205.9 Crematory Annual Report, Extensions for Good Cause, and Late Fees (a) The annual report required by Texas Occupations Code §651.658 shall cover the period from January 1 to December 31. (b) The report must be postmarked by January 30 of the year following the year for which the report is due. (c) The Executive Director shall grant an extension for filing the annual report for no more than 60 days upon proof of good cause. (1) Simple License Verification - $30. (2) Detailed License Verification - $50. (d) Continuing Education: (d) Good cause for purposes of subsection (c) of this section is an event beyond the control of the crematory owner or operator that prevents the owner or operator from timely completing and filing the annual report. (e) Requests for extensions of time to file the annual report based on good cause will not be approved if received by the Commission later than January 15 following the year for which the report is due. (f) A $100 late fee will be imposed for each day a crematory establishment fails to submit the annual report if the Executive Director has not granted an extension of time for filing the report. The Commission has no authority to waive or reduce the late fee. Rule 205.11 Prerequisites for Cremation (a) The following documents are required to cremate deceased human remains: (1) a cremation authorization form signed by the person responsible for making arrangements for final disposition; and
(2) Provisionally Licensed Embalmer - $66. (3) Licensed Funeral Director - $92.50. (4) Licensed Embalmer - $92.50. (5) Licensed Funeral Director and Embalmer (Dual) - $160. (6) Licensed Funeral Director over the age of 65 or disabled status - $46.25. (7) Licensed Embalmer over the age of 65 or disabled status - $46.25. (8) Licensed Funeral Director and Embalmer (Dual) over the age of 65 or disabled status - $80. (b) The following penalty fee will be added to the renewal fee assessed under §204.4 of this title if the renewal is ninety- one days to less than one year late: (1) Licensed Funeral Director - $185. (2) Licensed Embalmer - $185. (3) Licensed Funeral Director and Embalmer (Dual) - $320. (4) Licensed Funeral Director over the age of 65 or disabled status - $92.50. (5) Licensed Embalmer over the age of 65 or disabled status - $92.50. (6) Licensed Funeral Director and Embalmer (Dual) over the age of 65 or disabled status - $160. Rule 204.6 Reinstatement Fee (Not Refundable) The fee for a license which has been expired for longer than one year: (1) Licensed Funeral Director - $370. (2) Licensed Embalmer - $370. (3) Licensed Funeral Director and Embalmer (Dual) - $640. (4) Licensed Funeral Director over the age of 65 or disabled status - $185. (5) Licensed Embalmer over the age of 65 or disabled status - $185. (6) Licensed Funeral Director and Embalmer (Dual) over the age of 65 or disabled status - $320. TAC Chapter 205. Crematories Rule 205.3 Crematory License Requirement and Procedure (a) The crematory establishment license application shall be on a form furnished by the Commission and shall contain all information required by Texas Occupations Code, §651.657, including: (1) A statement that all operators of the cremation chamber are certified by a reputable organization approved by the Commission; and (2) The names of all persons certified to operate the cremation chamber. (b) The completed application, including all required documentation, and applicable fee shall be received before the Commission inspects the crematory establishment. (c) A license is valid for a period of one year. (d) The Commission may not renew an application until the applicant has met the requirements of Texas Occupations Code, §651.658(a). (e) A crematory that fails to renew its license by its renewal date shall pay, in addition to the renewal fee, a late payment penalty equal in amount to the renewal fee. (f) A crematory may not operate if a license is expired for over 30 days until the renewal fee and late payment penalty are paid. Rule 25.5 Acceptance of Remains A crematory establishment may accept deceased human remains for refrigeration before it receives authorization to cremate under Texas Health & Safety Code, Chapter 716 Subchapter B. Rule §205.6 Contracts for Direct Cremation Services An authorizing agent authorized to dispose of the remains of a deceased individual may contract directly for cremation services if the crematory is also licensed as a funeral establishment or if the authorizing agent receives written authorization from either a Justice of the Peace or Medical Examiner of the county in which the death occurred.
Book Code: FTX1624
Page 43
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