Texas Register

TITLE 22 EXAMINING BOARDS
PART 10TEXAS FUNERAL SERVICE COMMISSION
CHAPTER 205CEMETERIES AND CREMATORIES
RULE §205.3Crematory License Requirement and Procedure
ISSUE 10/03/2014
ACTION Proposed
Preamble Texas Admin Code Rule

(a) The crematory establishment license application shall be on a form furnished by the Commission [commission ] and shall contain all information required by Texas Occupations Code, §651.657, including:

  (1) a statement that all operators of the cremation chamber are certified by a reputable organization approved by the Commission [commission]; and

  (2) the names of all persons certified to operate the cremation chamber.

(b) The completed application, including all required documentation, and applicable fee shall be received [ paid] before the Commission [commission] inspects the crematory establishment.

(c) A license is valid for a period of one year.

[(d)The license may be renewed by filing with the commission a renewal application accompanied by the renewal fee and the Crematory Annual Report required by Texas Occupations Code, §651.658(a)(1) and §205.9 of this chapter (relating to Crematory Annual Report, Extensions for Good Cause, and Late Fees).]

[(e) The renewal application must contain the information required by Texas Occupations Code, §651.657 and subsection (a) of this section or a statement that the information previously furnished has not changed.]

(d)[(f)] The Commission [ commission] may not renew an application until the applicant has met the requirements of Texas Occupations Code, §651.658(a).

(e)[(g)] A crematory that fails to renew its license by its renewal date shall pay, in addition to the renewal fee, a late payment penalty equal in amount to the renewal fee.

(f)A crematory may not operate if a license is expired for over 30 days until the renewal fee and late payment penalty are paid.

[(h) The license that is not renewed within 30 days of its expiration date may be renewed by paying the renewal fee and late payment penalty.]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on September 18, 2014

TRD-201404459

Janice McCoy

Executive Director

Texas Funeral Service Commission

Earliest possible date of adoption: November 2, 2014

For further information, please call: (512) 936-2469



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