Tex. Occ. Code Section 651.351
Funeral Establishment License Requirements


(a)

A funeral establishment may not conduct a funeral business unless it is licensed by the commission.

(b)

This chapter does not require a funeral establishment to be owned by a person licensed under this chapter.

(c)

To obtain an initial funeral establishment license, an applicant must apply for a license and pay the licensing fee. The commission shall issue an initial funeral establishment license on determining that the applicant satisfies the requirements of this section.

(d)

A funeral establishment must:

(1)

meet the building, fire safety, and health standards and health ordinances of this state and of the municipality in which the establishment is located;

(2)

except as provided by Subsection (i), be located at a fixed place that is not tax-exempt property or a cemetery;

(3)

include facilities in which funeral services may be conducted;

(4)

have access to rolling stock consisting of at least one motor hearse;

(5)

include a preparation room containing the facilities, equipment, and supplies required by commission rule to ensure the provision of adequate embalming services;

(6)

include other facilities as necessary to comply with the sanitary codes of this state and of the municipality in which the room is located; and

(7)

include a display containing sufficient merchandise to permit reasonable selection, including at least five adult caskets, two of which must be full-size and displayed in a casket showroom.

(e)

Each funeral establishment must have sufficient licensed personnel to conduct the operation of the funeral establishment.

(f)

The least expensive casket displayed under Subsection (d)(7) must be a full-size casket displayed in the same general manner as the other full-size caskets are displayed. The three adult caskets that are not required to be full-size under Subsection (d)(7) may be displayed:

(1)

in a partial panel display; or

(2)

by video or brochure, online, or in any other manner.

(g)

The commission may exempt a funeral establishment from the requirements of Subsection (d)(5) if the establishment meets the requirements for the exemption provided by commission rule.

(h)

The executive director shall notify the petitioner of the commission’s decision. The exemption remains in effect until:

(1)

the establishment 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.

(i)

Subsection (d)(2) does not apply to a funeral establishment that is:

(1)

located on the real property of a public junior college; and

(2)

operated in connection with an accredited educational program in funeral services offered by the public junior college.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.385(a), eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 263 (H.B. 1468), Sec. 26, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 492 (S.B. 755), Sec. 1, eff. June 19, 2009.
Acts 2019, 86th Leg., R.S., Ch. 124 (H.B. 1540), Sec. 23, eff. September 1, 2019.

Source: Section 651.351 — Funeral Establishment License Requirements, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­651.­htm#651.­351 (accessed May 18, 2024).

651.001
Definitions
651.002
Application of Sunset Act
651.003
Construction with Other Law
651.004
Regulation of Crematory Services
651.005
Regulation of Willed Body Programs, Non-transplant Anatomical Donation Organizations, and Anatomical Facilities
651.051
Commission Membership
651.052
Eligibility of Public Members
651.053
Membership and Employee Restrictions
651.054
Terms
651.055
Grounds for Removal
651.056
Reimbursement
651.057
Officers
651.058
Office Location
651.059
Meetings
651.060
Legal Representation
651.101
Executive Director
651.102
Personnel
651.103
Investigators
651.104
Division of Responsibilities
651.105
Qualifications and Standards of Conduct Information
651.106
Career Ladder Program
651.107
Equal Employment Opportunity Policy
651.151
General Powers and Duties
651.152
Rules
651.153
Rules Restricting Advertising or Competitive Bidding
651.154
Fees
651.155
Fee Exemption for Military Service
651.156
Subpoena
651.157
Inspection of Crematory or Funeral Establishment
651.158
Inspection of Certain Facilities
651.159
Memorandum of Understanding: Prepaid Funeral Services
651.160
Memorandum of Understanding: Funeral Establishment Requirements
651.162
Annual Report
651.163
Request for Attorney General’s Opinion
651.164
License Expiration
651.165
Renewal or Reinstatement of License
651.166
Use of Technology
651.167
Negotiated Rulemaking and Alternative Dispute Resolution Procedures
651.201
Public Interest Information
651.202
Complaints
651.203
Record of Complaints
651.204
Public Participation
651.251
License Required
651.252
License Application
651.253
General License Requirements
651.254
License Examinations
651.255
Examinations Required for Funeral Director’s License
651.256
Examinations Required for Embalmer’s License
651.257
Foreign Students
651.258
License Issuance
651.259
Application by Out-of-state License Holder
651.260
Duplicate License
651.261
Posting of License
651.264
Renewal of Expired License by Out-of-state Practitioner
651.265
Renewal for Certain Retired Applicants
651.266
Continuing Education
651.267
Reissuance of Revoked License
651.301
Provisional License Required
651.302
Application
651.303
Provisional License Program
651.304
Employment Notification
651.305
Renewal or Reinstatement of Provisional License
651.306
Personal Supervision
651.351
Funeral Establishment License Requirements
651.352
Commercial Embalmers Establishment License Requirements
651.354
Renewal of Funeral Establishment License
651.401
First Call
651.402
Relationship of Funeral Director to Funeral Establishment
651.403
Designation of Funeral Director in Charge
651.404
Consumer Brochure
651.405
Retail Price List
651.406
Purchase Agreement
651.407
Use of Body by School of Mortuary Science
651.408
Use of Cemetery and Crematory Services
651.409
Notice to Next of Kin of Deceased Peace Officer
651.410
Authorized Release of Information
651.451
Certain Fraudulent and Deceptive Acts
651.452
Lack of Fitness to Practice
651.453
Unethical Advertising
651.454
Other Unethical Conduct in Soliciting Customers
651.455
False or Misleading Statements Regarding Funeral Merchandise or Funeral, Cemetery, or Crematory Services
651.456
Unethical Conduct Regarding Custody of Dead Human Body
651.457
Unethical Conduct Regarding Embalming
651.458
Unethical Conduct by Funeral Establishment
651.459
Other Unethical Conduct in Providing Funeral Services
651.460
Prohibited Practices Related to Failure to Comply with Other Legal Requirements
651.461
Defense to Violation
651.501
General Disciplinary Powers of Commission
651.502
License Denial
651.503
Warning
651.504
Reprimand
651.505
Probation
651.506
Disciplinary Proceedings
651.507
Effect of Multiple Violations
651.508
Enforcement of Law Regulating Crematories
651.0511
Training
651.551
Assessment of Administrative Penalty
651.552
Amount of Penalty
651.553
Report and Notice of Violation and Penalty
651.554
Penalty to Be Paid or Hearing Requested
651.555
Options After Decision: Pay or Appeal
651.556
Collection of Penalty
651.557
Remittance of Penalty
651.558
License Suspension for Failure to Comply
651.559
Enforcement of Law Regulating Crematories
651.601
Injunction
651.602
Criminal Penalty
651.603
Refund
651.651
Definitions
651.652
Applicability
651.656
Crematory Establishment License Required
651.657
Crematory Establishment License Application
651.658
Crematory Establishment License Renewal and Annual Report
651.1525
Early Participation in Rulemaking Process
651.1655
Reinstatement of Suspended License
651.2035
Confidentiality of Complaint Information
651.3035
Mortuary College Credit for Provisional License Program
651.3045
Term of Provisional License
651.3055
Reapplication for Provisional License
651.4055
Retail Price List
651.4065
Purchase Agreement
651.4085
Interment or Entombment
651.5011
Charging Funeral Director in Charge with Violation
651.5025
Immediate License Revocation
651.5026
Temporary License Suspension or Restriction
651.5061
Waiver of Hearing by Funeral or Crematory Establishment
651.5515
Penalty Guidelines

Accessed:
May 18, 2024

§ 651.351’s source at texas​.gov