(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. (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. (1) A license may be renewed beginning 60 days prior to its expiration if the licensee has paid the renewal fee and met the continuing education requirements of §203.8 of this title (relating to Continuing Education). (2) A person whose license is expired for 90 days or less may renew the license by meeting the continuing education requirements of §203.8 of this title and paying a renewal fee that is 1 and 1/2 times the amount of the normal renewal fee. (3) A person whose license is expired for more than 90 days but less than one year may renew the license by meeting the continuing education requirements of §203.8 of this title and paying a renewal fee that is two times the amount of the normal renewal fee. (4) A person whose license has been expired for one year or more may reinstate the license by meeting the following requirements: (A) Retaking and passing the State Mortuary Law Examination; (B) Payment of any applicable fees, including a renewal fee that is equal to two times the normally required renewal fee; and (C) Completion of the continuing education requirements of §203.8 of this title.
(2) Alternative container: An unfinished wood box or other non-metal receptacle or enclosure, without 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 for 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. (a) A person may not engage in funeral directing or embalming in this state without holding a license issued by Commission, unless the person is a mortuary student acting under the supervision and direction of a licensed funeral director or embalmer. (b) An applicant for a license shall meet the eligibility requirements of Occupations Code, §651.253. (c) The period of a license is two years beginning on the first day of the licensee’s birth month. The initial licensing period may be less than two years. (d) The licensing fee must be paid before a license is issued. If the initial licensing period is less than two years, the licensing fee shall be prorated. (e) A person who does not receive a full license by exiting directly from the Commission’s provisional license program or reciprocate from another state may apply for full licensure. The person must have been a provisional license holder in Texas no more than 24 months prior to application. The applicant shall complete an application, provide required proof of eligibility, pay an application fee, re-take and pass the State Mortuary Law Examination, and submit to a criminal background check. (f) Renewal Procedures and Conditions.
TAC CHAPTER 203. LICENSING AND ENFORCEMENT—SPECIFIC SUBSTANTIVE RULES. SUB-CHAPTER A. LICENSING Rule 203.1. Funeral Director and Embalmer License Requirements & Procedure.
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Book Code: FTX1626
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