(a) A person may not engage in funeral directing or
embalming in this state without holding a license issued by the Commission,
unless the person is a mortuary student acting under the supervision
and direction of a licensed funeral director or embalmer.
(b) An applicant for a license shall meet the eligibility
requirements of Occupations Code, §651.253.
(c) The period of a license is two years beginning
on the first day of the licensee's birth month. The initial licensing
period may be less than two years.
(d) The licensing fee must be paid before a license
is issued. If the initial licensing period is less than two years,
the licensing fee shall be prorated.
(e) A person who does not receive a full license by
exiting directly from the Commission's provisional license program
or reciprocate from another state may apply for full licensure. The
person must have been a provisional license holder in Texas no more
than 24 months prior to application. The applicant shall complete
an application, provide required proof of eligibility, pay an application
fee, re-take and pass the State Mortuary Law Examination, and submit
to a criminal background check.
(f) Renewal Procedures and Conditions.
(1) A license may be renewed beginning 60 days prior
to its expiration if the licensee has paid the renewal fee and met
the continuing education requirements of §203.8 of this title
(relating to Continuing Education).
(2) A person whose license is expired for 90 days or
less may renew the license by meeting the continuing education requirements
of §203.8 of this title and paying a renewal fee that is 1 and
1/2 times the amount of the normal renewal fee.
(3) A person whose license is expired for more than
90 days but less than one year may renew the license by meeting the
continuing education requirements of §203.8 of this title and
paying a renewal fee that is two times the amount of the normal renewal
fee.
(4) A person whose license has been expired for one
year or more may reinstate the license by meeting the following requirements:
(A) retaking and passing the State Mortuary Law Examination;
(B) payment of any applicable fees, including a renewal
fee that is equal to two times the normally required renewal fee;
and
(C) completion of the continuing education requirements
of §203.8 of this title.
(5) Notwithstanding paragraph (4) of this subsection,
a person whose license has been expired for one year or more may reinstate
the license without retaking the applicable examination if the person
has been licensed and practicing in another state for the two years
preceding the application for reinstatement. The applicant must pay
a renewal fee that is equal to two times the normally required renewal
fee.
(6) Notwithstanding paragraph (4) of this subsection,
the Executive Director may waive any prerequisite to obtaining a license
to a person whose license has been expired for no more than five years
who is also a military service member, military veteran or military
spouse as defined by Occupations Code, Chapter 55.
(g) A licensee serving as an active military service
member as defined by Occupations Code, Chapter 55, is exempt from
the payment of license fees for the duration of the holder's military
service or for anytime the Commission considers advisable.
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