(a)Purpose. The purpose of this section is to implement Texas Civil Statutes, Article 4582b, now codified as Texas Occupations Code, Chapter 651, 76th Legislature, 1999 [as amended by Senate Bill 284, 72nd Legislature, 1991;] and Health and Safety Code, Chapters 193 and 195. In an effort to better protect the public health, safety and welfare, it is the legislative intent of the laws for the Texas Department of Health (department) and the Texas Funeral Service Commission (TFSC) to adopt by rule a memorandum of understanding to facilitate cooperation between the agencies by establishing joint procedures and describing the actual duties of each agency for the referral, investigation, and resolution of complaints affecting the administration and enforcement of state laws relating to vital statistics and the licensing of funeral directors and funeral establishments. (b)Scope. (1)The Memorandum of Understanding (MOU) [ MOU] includes the respective responsibilities of the department and the TFSC in regulating any person or entity under the Health and Safety Code, Chapters 193 and 195, concerning the completion and filing of death records. (2)(No change.) (3)The department and the TFSC will implement the cooperative procedure described in this MOU in order to notify the other agency of violations of Health and Safety Code, Chapters 193 and 195; and Texas Occupations Code, Chapter 651 [Texas Civil Statutes, Article 4582b], by funeral directors and funeral establishments, and to assist and encourage funeral directors, embalmers and funeral establishments to conform their activities relating to the completion and filing of death records. (4)(No change.) (c)(No change.) (d)Delegation of responsibilities. The department and TFSC agree that the agencies shall have the following responsibilities. (1)(No change.) (2)The Texas Funeral Service Commission (TFSC) shall have primary responsibility for the enforcement of the laws, rules, and policies governing the licensing of funeral directors and funeral establishments. Except as may be otherwise provided by law, the TFSC has authority: (A)(No change.) (B)after a hearing in accordance with Texas Occupations Code Chapter 651 [Texas Civil Statutes, Article 4582b], to reprimand, assess an administrative penalty, revoke, suspend, or probate the suspension of a license, impose any combination of the sanctions against a licensed funeral director or funeral establishment if the licensee has violated Chapter 193 of the Code; (3)Referral, investigation, and resolution of complaints. (A)If the department receives a complaint that alleges conduct by a funeral director or a funeral establishment that constitutes possible violations of Texas Occupations Code Chapter 651 [Texas Civil Statutes, Article 4582b] or the rules adopted by TFSC under authority of Texas Occupations Code Chapter 651 [Article 4582b] the department may [shall immediately] refer the complaint to the TFSC for investigation and disposition; however, if the complaint describes conduct by any person or entity licensed under Texas Occupations Code Chapter 651 [Article 4582b] that constitutes possible violations of Chapters 193 and 195 of the Code, the department may [ shall] retain jurisdiction over the subject matter of the complaint, investigate the complaint, and if valid, may [shall immediately ] file a complaint with TFSC. (B)-(D)(No change.) (E)To the extent allowed by law, each agency shall cooperate and assist the other in the investigation and resolution of complaints. The following actions may be taken where indicated in the other's enforcement actions. (i)-(ii)(No change.) (iii)Any information obtained by the TFSC [ TSFC] as a result of a complaint investigation is not subject to public disclosure under the Government Code, §552.101, by virtue of Texas Occupations Code Chapter 651, §651.203 [Texas Civil Statutes, Article 4582b, §6.D.d]. (iv)(No change.) (e)(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be
within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on April 9, 2001
TRD-200102025 Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: May 20, 2001
For further information, please call: (512) 458-7236
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