H.B. No. 1219
 
 
 
 
AN ACT
  relating to a provisional license to practice funeral directing or
  embalming; amending provisions subject to a criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 651.253(a), Occupations Code, is amended
  to read as follows:
         (a)  To be eligible for a funeral director's license or an
  embalmer's license, an applicant must:
               (1)  be at least 18 years of age;
               (2)  have graduated from an accredited high school or
  passed an examination prescribed by the Texas Education Agency;
               (3)  have graduated from an accredited school or
  college of mortuary science;
               (4)  unless the applicant holds a reciprocal
  [embalmer's] license, have completed the requirements of the
  provisional license program [served as a provisional license holder
  for not less than one year under the personal supervision and
  instruction of a funeral director or embalmer, as applicable]; and
               (5)  have successfully completed the applicable
  written examination described by Section 651.255 or 651.256.
         SECTION 2.  Section 651.302, Occupations Code, is amended to
  read as follows:
         Sec. 651.302.  APPLICATION; ISSUANCE OF PROVISIONAL
  LICENSE. (a) The commission shall issue a provisional license to
  practice funeral directing to an applicant who:
               (1)  is at least 18 years of age;
               (2)  has completed the educational requirements of
  Section 651.253 or is enrolled in an accredited school or college of
  mortuary science;
               (3)  is employed by a funeral establishment [director]
  to learn funeral directing [or embalming] under the instruction and
  supervision of a [the] funeral director;
               (4)  files an application for a provisional license on
  a form provided by the commission and verified under oath by the
  applicant; [and]
               (5)  pays any required application or license fee; and
               (6)  complies with the requirements of this chapter and
  of the commission.
         (b)  The commission shall issue a provisional license to
  practice embalming to an applicant who:
               (1)  is at least 18 years of age;
               (2)  has completed the educational requirements of
  Section 651.253 or is enrolled in an accredited school or college of
  mortuary science;
               (3)  is employed by a funeral establishment or
  commercial embalming facility to learn embalming under the
  instruction and supervision of an embalmer;
               (4)  files an application for a provisional license on
  a form provided by the commission and verified under oath by the
  applicant;
               (5) [(4)]  pays any required application or license
  fee; and
               (6) [(5)]  complies with the requirements of this
  chapter and of the commission.
         (c)  The commission shall waive the requirements of
  Subsection (a)(2) or (b)(2) for a period not to exceed 12 months for
  an applicant who is otherwise qualified and shall issue to the
  applicant a provisional license that expires at the end of that
  period.
         (d)  An applicant must submit to a criminal background check
  before submitting an application for a license.
         SECTION 3.  Section 651.303, Occupations Code, is amended by
  adding Subsections (a-1), (e-1), and (g) and amending Subsection
  (d) to read as follows:
         (a-1)  A provisional license holder may work only:
               (1)  in a funeral establishment or commercial embalming
  facility licensed by the commission; and
               (2)  under the direct and personal supervision of a
  funeral director or embalmer, as applicable.
         (d)  The provisional license program must include assisting
  with at least 45 [60] cases. Not more than two provisional license
  holders may receive credit for work done on any one body. The
  commission by rule shall:
               (1)  define the standards for a case;
               (2)  set the number of cases a provisional license
  holder is required to complete during the program; and
               (3)  establish guidelines for supervision under which a
  provisional license holder is granted increased responsibilities
  during the course of the provisional license program.
         (e-1)  The commission by rule shall prescribe case reporting
  requirements for provisional license holders. The commission shall
  provide case report forms to be used by a provisional license
  holder.
         (g)  When conducting funeral arrangements, a provisional
  license holder shall inform family members and other persons with
  whom the arrangements are being made that the license holder has a
  provisional license and works under the personal supervision of a
  licensed funeral director.
         SECTION 4.  Section 651.3035(a), Occupations Code, is
  amended to read as follows:
         (a)  A funeral directing or embalming case completed for
  credit while attending an accredited [under Section 651.303(d) may
  serve as credit for both] mortuary school or college may serve as
  credit toward [and] the provisional license holder program.
         SECTION 5.  The heading to Section 651.304, Occupations
  Code, is amended to read as follows:
         Sec. 651.304.  EMPLOYMENT NOTIFICATION [REPORTS].
         SECTION 6.  Section 651.304, Occupations Code, is amended by
  amending Subsections (a) and (d) and adding Subsection (b) to read
  as follows:
         (a)  On entering employment with a funeral establishment or
  commercial embalming facility [director or embalmer], a
  provisional license holder shall immediately notify the commission
  of the name of the establishment or facility where [and place of
  business of the funeral director or embalmer under whom] the
  provisional license holder will train. The funeral director or
  embalmer in charge must [shall] sign the notification.
         (b)  A provisional license holder must be employed by a
  funeral establishment or commercial embalming facility, as
  applicable, during the term of the provisional license. If a
  provisional license holder is not employed as required by this
  subsection, the commission shall cancel the provisional license.
         (d)  If a provisional license holder leaves the employment of
  the funeral establishment or commercial embalming facility [a
  funeral director or embalmer], the funeral director or embalmer in
  charge shall prepare an affidavit showing the length of time the
  provisional license holder was employed and the number of cases
  handled while employed by the establishment or facility [funeral
  director or embalmer]. The funeral director or embalmer shall file
  the original affidavit [shall be filed] with the commission as [and
  made] a matter of record. The funeral director or embalmer shall
  provide a [A] copy of the affidavit [shall be furnished] to the
  provisional license holder.
         SECTION 7.  Subchapter G, Chapter 651, Occupations Code, is
  amended by adding Section 651.3045 to read as follows:
         Sec. 651.3045.  TERM OF PROVISIONAL LICENSE. (a)  Except as
  provided by Subsection (c), a provisional license is valid for 12
  consecutive months and may be renewed only once for a period not to
  exceed an additional 12 consecutive months.
         (b)  The commission shall cancel a provisional license if the
  license holder fails to complete the licensing requirements of the
  provisional license program within 24 consecutive months.
         (c)  If a provisional license holder holds a provisional
  license issued under Section 651.302(c), the provisional license
  may be renewed for a period not to exceed 24 consecutive months and
  the provisional license holder must complete the licensing
  requirements of the provisional license program within 36
  consecutive months.
         (d)  A provisional license holder who completes the
  requirements of the provisional license program and is otherwise
  eligible for a funeral director's or embalmer's license may receive
  that license regardless of the date the provisional license is due
  to expire.
         SECTION 8.  Section 651.305, Occupations Code, is amended by
  amending Subsections (c) and (d) and adding Subsections (d-1),
  (d-2), and (d-3) to read as follows:
         (c)  If a provisional license holder fails to renew the
  provisional license [timely pay the renewal fee], the commission
  shall:
               (1)  impose a late payment penalty equal to the amount
  of the license renewal fee;
               (2)  suspend the license for nonpayment; and
               (3)  notify the provisional license holder of the
  suspension.
         (d)  If the renewal fee and penalty are not paid before the
  91st day after the date of the notice of suspension, the commission
  shall cancel the license.
         (d-1)  If the license is canceled under Subsection (d) [this
  subsection], the provisional license holder may apply for
  reinstatement not later than the date the license would have
  expired if the license had been renewed [not later than 18 months
  after the date of cancellation]. The commission may reinstate the
  canceled license if:
               (1)  all other commission requirements are satisfied;
  and
               (2)  the license fee and a late payment penalty equal to
  the amount of the license fee for the period of the cancellation are
  paid.
         (d-2)  A reinstated license expires on the date the license
  would have expired if the license had been timely renewed.
         (d-3)  A provisional license holder may not work as a funeral
  director or embalmer while the license is suspended or canceled.
         SECTION 9.  Subchapter G, Chapter 651, Occupations Code, is
  amended by adding Section 651.3055 to read as follows:
         Sec. 651.3055.  REAPPLICATION FOR PROVISIONAL LICENSE. (a)
  A person who does not complete the provisional license program
  within the prescribed period may reapply for a provisional license.
         (b)  A person who reapplies for a provisional license must
  comply with the requirements of Section 651.303. Casework performed
  under a previous provisional license may not be counted toward the
  requirements for the new provisional license.  The commission may
  adopt rules to allow casework performed under a previous
  provisional license to transfer to a new provisional license if the
  license holder requests a hardship exemption.
         (c)  A person may reapply for a provisional license under
  this section only once.
         SECTION 10.  The following sections of the Occupations Code
  are repealed:
               (1)  Sections 651.303(b) and (c);
               (2)  Section 651.304(e); and
               (3)  Sections 651.305(e) and (f).
         SECTION 11.  This Act takes effect September 1, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1219 was passed by the House on April
  15, 2015, by the following vote:  Yeas 140, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1219 was passed by the Senate on May
  8, 2015, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor