The Texas Funeral Service Commission (the Commission) proposes to amend §§205.1 - 205.3, 205.6, 205.9, and 205.11, concerning Cemeteries and Crematories. Pursuant to Texas Government Code, §2001.039, the Commission reviewed this chapter and determined an update to these rules was necessary to reflect the current requirements as determined by Texas Occupations Code Chapter 651 and Texas Health and Safety Code Chapter 716. The Commission intends the amended rules to improve ease of use for both consumers and industry and to improve efficiencies for agency staff as the rules updated and clarified.

Janice McCoy, Executive Director, has determined that for each year of the first five-year period this rules are in effect there will be no fiscal implication for state or local government, or local economies.

Ms. McCoy has also determined that there will be no adverse economic effect on small businesses or micro-businesses required to comply with this rules as proposed. There is no anticipated economic cost to individuals who are required to comply with these rules as proposed. There is no anticipated negative impact on local employment.

In addition, Ms. McCoy has also determined that for each year of the first five-year period the rules are in effect, the public benefit anticipated as a result of enforcing the rules will be that funeral service providers and consumers will be informed of new requirements and the Commission's rules will be updated to reflect all recent legislative changes.

The Commission has determined that this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

The Commission has determined that Chapter 2007 of the Texas Government Code does not apply to this proposal. Accordingly, the department is not required to complete a takings impact assessment regarding this proposal.

Comments on the proposal may be submitted to Mr. Kyle Smith at P.O. Box 12217, Capitol Station, Austin, Texas 78711-1440, (512) 479-5064 (fax) or electronically to info@tfsc.texas.gov. Comments must be received no later than thirty (30) days from the date of publication of this proposal.

This proposal is made pursuant to Texas Occupations Code, §651.152, which authorizes the Texas Funeral Service Commission to adopt rules considered necessary for carrying out the Commission's work; Texas Government Code, §2001.039, which requires state agencies to review their rules and readopt, readopt with amendments, or repeal a rule as the result of reviewing the rules under this chapter.

No other statutes, articles, or codes are affected by these sections.