|(a) The licensee shall be knowledgeable of and adhere
to all applicable federal and state laws, rules, codes, and all procedures
established by the Commission. It is the obligation of the licensee
to exercise reasonable judgment and skill in the performance of all
duties and work performed as a licensee.
(b) A licensee who performs his or her duties in a
negligent or incompetent manner, or does not perform his or her duties
with honesty, integrity, or in a trustworthy manner violates Texas
Occupation Code §651.459.
(1) A licensee shall be honest and trustworthy in
the performance of all duties and work performed as a licensee and
shall avoid misrepresentation and deceit in any fashion, whether by
acts of commission or omission.
(2) A licensee shall refrain from engaging in acts
or practices that constitute threats, coercion, or extortion.
(3) A licensee shall respect a consumer's right of
personal choice and decisions with regard to making arrangements.
(d) The primary duty of the licensee is to ensure compliance
with all applicable federal and state laws, rules, and codes. The
licensee's position should be clear to all parties concerned while
in the performance of all duties and work performed as a licensee.
(e) Specific Rules of Conduct.
(1) A licensee shall provide services to client families
without regard to religion, race, color, national origin, sex, sexual
orientation or disability.
(2) A licensee shall provide to consumers and prospective
consumers, where applicable, all statutorily required documentation,
pricing information, and any other information concerning funerals,
cremations, burials, pricing, merchandise, and services, including
a consumer brochure and retail price list, in a manner which is neither
unfair nor deceptive.
(3) A licensee shall protect from disclosure confidential
information pertaining to the deceased or the family of the deceased.
(4) A licensee shall account properly for and remit
any monies, documents, or personal property that belongs to others
that comes into the licensees' possession.
(5) A licensee shall not participate, whether individually
or in concert with others, in any plan, scheme, or arrangement attempting
or having as its purpose, which he/she knew or should have known was
the evasion of any provision of the laws or the rules of the Commission.
(6) A licensee shall not provide information he or
she knew or should have known was inaccurate, deceitful, or misleading
to the Commission or a consumer while performing as a licensee.
(7) A licensee shall not engage in any activity that
constitutes dishonesty, misrepresentation, or fraud while performing
as a licensee.
(8) A licensee shall not solicit business or offer
inducement to secure or attempt to secure business except where authorized
(9) A licensee shall not violate any statute, ordinance,
or regulation affecting the handling, custody, care or transportation
of a decedent.