PART 10. TEXAS FUNERAL SERVICE COMMISSION
CHAPTER 203. LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES
SUBCHAPTER D. LICENSING PROVISIONS RELATED TO MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES
The Texas Funeral Service Commission ("Commission") adopts new 22 TAC §§203.55 - 203.61 regarding the occupational licensure of military service members, military veterans, and military spouses in funeral directing and/or embalming.
New §§203.55 - 203.61 are adopted without changes to the proposed text published in the May 10, 2024, issue of the Texas Register (49 TexReg 3101). These rules will not be republished.
REASONED JUSTIFICATION: The new rules add provisions that are necessary to bring the Commission into compliance with Texas Occupations Code chapter 55, and streamline all provisions regarding the funeral director and embalmer license application process, review, and approval of military service members, military veterans, and military spouses into a single subchapter in the Commission rules, making it easy for the public and potential and actual licensees to locate.
SUMMARY OF COMMENTS AND AGENCY RESPONSE. The Commission received no written or oral comments during the public comment period.
STATUTORY AUTHORITY.
The new rules are adopted under Texas Occupations Code §651.152, which authorizes the Texas Funeral Service Commission to adopt rules as necessary to administer and enforce that chapter.
The new rules are also adopted under Texas Occupations Code §55.002, which authorizes the Commission to adopt rules to exempt a license holder from increased fees or penalties for failing to renew the individual's license if the individual can provide satisfactory proof that the individual was serving as a military service member at the time the Commission-issued license expired.
The new rules are adopted under Texas Occupations Code §55.004(a), which authorizes the Commission to adopt rules to for issuing a funeral director or embalmer license to military service members, military veterans, or military spouses who hold a current license in another jurisdiction with licensing requirements substantially equivalent to those for a funeral director or embalmer license in Texas or within the five years preceding the individual's application, held the same license in Texas. §55.004(c) authorizes the Commission to adopt rules that establish alternate methods for military service members, military veterans, and military spouse to demonstrate competency to satisfy the requirements for obtaining a funeral director or embalmer license, including receiving appropriate credit for training, education, and clinical and professional experience.
These rules are adopted under §55.0041(e), which gives the Commission the necessary authority to adopt rules to implement §55.0041, Texas Occupations Code, for recognizing a military service member or military spouse to practice funeral directing or embalming in Texas without first obtaining the required license if the member or spouse is currently licensed in good standing by another jurisdiction with substantially equivalent licensing requirements to Texas.
Furthermore, §55.0041(e) gives the Commission authority to adopt rules that 1) establish how such applicants are to notify the Commission of their intent to practice funeral directing or embalming in Texas; 2) submit proof to the Commission of the service member's or spouse's residency in Texas, as well as their military identification card; 3) method for the Commission to provide confirmation to the military service member or spouse applicant that the Commission has verified the applicant's license is in good standing with the other jurisdiction and authorize the applicant to practice funeral directing or embalming in Texas; 4) establish how the Commission will determine if another jurisdiction has substantially equivalent licensing requirements to Texas; and 5) creates a process for verifying the applicant's license is in good standing within 30 days of receiving all of the necessary information from the applicant.
The rules are adopted under §55.007, Texas Occupations Code, which provides the necessary authority to the Commission to adopt rules to credit verified military service, training, or education toward the funeral director or embalmer, full or provisional, licensing requirements for applicants who are a military service member or veteran. §55.007 further authorizes the Commission to limit its rules from applying to military service member or veteran license applicants who hold a restricted licensed issued by another jurisdiction or have an unacceptable criminal history pursuant to applicable law.
In addition, the new rules are adopted under §55.008, Texas Occupations Code, which gives the Commission the authority to adopt rules to credit verified military service, training, or education that is relevant to funeral directing or embalming to provisional funeral director or provisional embalmer licensing requirements.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 17, 2024.
TRD-202403164
Sarah Hartsfield
Interim Executive Director/Staff Attorney
Texas Funeral Service Commission
Effective date: August 6, 2024
Proposal publication date: May 10, 2024
For further information, please call: (512) 936-2474