Bill Text: TX HB2608 | 2013-2014 | 83rd Legislature | Introduced

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Bill Title: Relating to an exemption from certain requirements for certain funeral establishments that do not perform embalming services.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-03-18 - Referred to Public Health [HB2608 Detail]

Download: Texas-2013-HB2608-Introduced.html

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By: Huberty H.B. No. 2608

A BILL TO BE ENTITLED
AN ACT
relating to an exemption from certain requirements for certain
funeral establishments that do not perform embalming services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 651.351(g) and (h), Occupations Code,
are amended to read as follows:
(g) A [The commission may exempt a] funeral establishment is
exempt from the requirements of Subsections (d)(3), (4), and (5)
[Subsection (d)(5)] if[:
[(1)] the majority owner or designated agent of record
of a funeral establishment submits a written notice of the
exemption [petition] to the commission [requesting an exemption
and] stating:
(1) [(A)] the establishment's name and address;
(2) [
(B)] that the establishment is located
within 75 [50] miles of a facility owned by the establishment,
operating under the same name as the establishment, [requesting the
exemption] and at which embalming services may be performed; and
(3) [(C)] that no embalming services will be
performed at the establishment[; and
[(2) the commission determines that the criteria in
Subdivision (1) have been met].
(h) An [The executive director shall notify the petitioner
of the commission's decision. The] exemption under Subsection (g)
remains in effect until:
(1) the establishment no longer meets the requirements
of Subsection (g)(2) [is no longer located within 50 miles of a
facility owned by the exempt establishment or at which embalming
services may be performed]; or
(2) an embalming service has been performed at the
establishment.
SECTION 2. The changes in law made by this Act apply only to
a funeral establishment that submits a notice under Section
651.351(g), Occupations Code, as amended by this Act, on or after
the effective date of this Act. A funeral establishment that
submitted a petition or was granted an exemption under Section
651.351(g), Occupations Code, before the effective date of this Act
is governed by the law in effect immediately before the effective
date of this Act, and the former law is continued in effect for the
handling of the petition and for the exemption provided by that
section. A funeral establishment that submitted a petition or was
granted an exemption under Section 651.351(g), Occupations Code,
before the effective date of this Act may submit a notice under
Section 651.351(g), Occupations Code, as amended by this Act, in
which case the funeral establishment is governed by the law in
effect on the date the notice is submitted.
SECTION 3. This Act takes effect September 1, 2013.