TITLE 22. EXAMINING BOARDS

PART 10. TEXAS FUNERAL SERVICE COMMISSION

CHAPTER 210. NON-TRANSPLANT WHOLE BODY DONATIONS

SUBCHAPTER B. AUTHORIZATION & REGISTRATION FOR THE RECEIPT, USE AND DISTRIBUTION OF DONOR WHOLE BODIES OR BODY PARTS

The Texas Funeral Service Commission (hereinafter referred to as "the Commission") proposes a new rule - 22 Texas Administrative Code §210.27. This proposed rule establishes licensing fees for regulated entities, including willed body programs, non-transplant anatomical donation organizations, and anatomical facilities.

BACKGROUND INFORMATION AND JUSTIFICATION

The proposed new 22 Texas Administrative Code §210.27 implements TEX. HEALTH & SAFETY CODE § 691.012, which authorizes the Commission to adopt rules necessary to set and administer fees. These fees are reasonable and necessary to cover the cost of regulating willed body programs, non-transplant anatomical donation organizations, and anatomical facilities. The rule is necessitated by the transfer of regulatory duties from the Anatomical Board of the State of Texas to the Commission under Senate Bill 2040 (88th (R)).

FISCAL NOTE

Staff Attorney Sarah Kemp has determined that, for each of the first five years that the rule is in effect, the additional estimated cost to the state and local governments will be primarily composed of licensing fees. State-affiliated programs, such as those operated by state universities, will bear these costs as part of their operational budgets. Licensing fees will include:

1. $2,790.00 for initial authorization, registration application, or change of ownership (including relocations);

2. additional inspection fees for inspection requests made within 30 days;

3. $1,789.00 for 12-month renewals; and

4. $1,789.00 for late applications submitted within 1-30 days after expiration.

The total annual fees for each regulated entity will depend on its licensing stage, whether it requires expedited inspections, and if late fees are applicable. The Commission's Legislative Appropriations Request has projected costs associated with its new and expanded statutory obligations. The additional revenue generated by these fees is designed to cover the costs of regulatory duties required by the General Appropriations Act.

PUBLIC BENEFIT

The proposed rule provides the financial support necessary to regulate willed body programs, non-transplant anatomical donation organizations, and anatomical facilities - thereby protecting public safety and welfare.

ECONOMIC COSTS TO PERSONS

Staff Attorney Sarah Kemp has determined that the economic cost to individuals and entities required to comply with the proposed rule comprises licensing fees detailed above.

ECONOMIC IMPACT ON LOCAL ECONOMY AND EMPLOYMENT

Staff Attorney Sarah Kemp has determined that the proposed rule will not impact local economies and employment.

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, OR RURAL COMMUNITIES

The proposed rule is not expected to adversely impact small businesses, micro-businesses, or rural communities because these entities are not typically involved in the activities regulated by the rule. Accordingly, the preparation of an economic impact statement and a regulatory flexibility analysis is not required under TEX. GOV'T CODE § 2006.002.

TAKINGS IMPACT ASSESSMENT

The proposed rule does not constitute a taking as it does not impose a burden on private real property. TEX. GOV'T CODE § 2007.043.

GOVERNMENT GROWTH IMPACT STATEMENT

Pursuant to TEX. GOV'T CODE § 2001.0221, the Commission provides the following government growth impact statement:

1. The proposed rule does not create or eliminate a government program.

2. Implementation of the proposed rule does not require the creation or elimination of employee positions.

3. Implementation of the proposed rule may impact future appropriations, depending on actual regulatory costs and revenue.

4. The proposed rule requires an increase in fees paid to the Commission, based on reasonable and necessary administrative costs.

5. The proposed rule creates new regulations to fulfill responsibilities transferred under Senate Bill 2040, 88th regular legislative session (SB 2040).

6. The proposed rule does not expand an existing regulation but replaces prior rules of the Anatomical board.

7. The proposed rule does not increase the number of individuals or entities subject to the applicability of the Commission's rules but clarifies procedures for those now under the Commission's jurisdiction.

8. The proposed rule does not positively or adversely affect the state's economy.

REQUEST FOR PUBLIC COMMENTS

Comments on the proposed rule may be submitted to the Texas Funeral Service Commission by email to sarah.sanders@tfsc.texas.gov for 30 days following the date of publication in the Texas Register . To be considered for purposes of this rulemaking, comments must be e-mailed by midnight on the last day of the comment period. Comments should be organized in a manner consistent with the organization of the proposed new rule.

STATUTORY AUTHORITY

The proposed rule is authorized by TEX. HEALTH & SAFETY CODE § 691. 012 which gives the Commission authority to adopt rules to set and administer fees. Statutes affected by the proposed rule include TEX. HEALTH & SAFETY CODE §§ 691.012, 691.034.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 21, 2025.

TRD-202500680

Sarah Sanders

Staff Attorney

Texas Funeral Service Commission

Earliest possible date of adoption: April 6, 2025

For further information, please call: (512) 936-2469