22 Tex. Admin. Code § 203.9 - Licensure of Funeral Establishments and Commercial Embalming Establishments
(a) New License
Applications.
(1) Applications for licensure
must be submitted on forms developed by the Commission. Applications shall be
accompanied by applicable licensing fees, purchase agreement forms, all price
lists, and embalming case report forms to be used, if applicable, which reflect
the establishment's name and provide a placeholder for the establishment's
license number.
(2) The passage of
an inspection is mandatory for a new establishment seeking its initial
licensure and for previously licensed establishments that have changed physical
location.
(3) The license shall be
issued to the establishment's owner.
(4) A change of name or physical address
requires the submission of a new establishment license application.
(5) A new license will not be issued unless
all fees have been paid. Prior to a new license being issued under paragraph
(4) of this subsection, any outstanding penalties of the previous establishment
must be paid unless the penalties are the subject of an administrative hearing
or judicial review.
(6) A license
expires on the last day of the month 12 months from the date of
issue.
(b) Renewal
Applications
(1) The renewal period of a
license is 12 months.
(2) A late
renewal fee will be assessed for an application for renewal which has been
postmarked after its renewal date.
(3) Establishments may be inspected upon the
submission of a renewal application.
(4) A renewal license will not be issued
unless all fees and outstanding penalties, if any, have been paid or the
Commission's records reflect that the applicant is current on a payment plan or
that penalties previously assessed are the subject of an administrative hearing
or judicial review.
(5) The
Commission may investigate any circumstances involved with the renewal of any
license as provided for in Occupations Code Chapter 651.
(6) A license will be cancelled if the
application for renewal is not received within 90 days of the expiration date
of the license.
(c) A
funeral establishment or commercial embalming facility may effect a change of
ownership by either submitting a new license application under subsection (a)
of this section or by notifying the Commission, on a form prescribed by the
Commission, within 30 days. In submitting the form, the new owner must attest
to the information contained on the form and must submit any documentation
required by the Commission. The Commission may assess a fee to accompany the
form attesting to the ownership fee. The fee may not exceed half the cost of
applying for a new establishment license.
(d) The Commission may refuse to issue a new
license or to renew an outstanding license or may revoke an establishment's
license if it determines that the license application or the change of
ownership affidavit contains materially false information or that a person
whose individual license to practice funeral directing or embalming is
currently suspended or revoked owns the establishment or an interest in the
establishment.
Notes
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