84R4818 BEF-F
	By: Raymond	H.B. No. 1219

	A BILL TO BE ENTITLED
	AN ACT
	relating to a provisional license to practice funeral directing or
	embalming.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  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 may waive the requirements of Subsection
	(a)(2) or (b)(2) for a period not to exceed 12 months and issue to an
	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 2.  Section 651.303, Occupations Code, is amended by
	adding Subsections (a-1) and (e-1) 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.
	(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.
	SECTION 3.  The heading to Section 651.304, Occupations
	Code, is amended to read as follows:
	Sec. 651.304.  EMPLOYMENT NOTIFICATION [REPORTS].
	SECTION 4.  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 funeral establishment or facility
	[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 5.  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.
	SECTION 6.  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 7.  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 8.  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 9.  This Act takes effect September 1, 2015.