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No significant fiscal implication to the State is anticipated. The implementation of the bill provisions could be accomplished by utilizing existing resources.
No fiscal implication to units of local government is anticipated.
Current law requires persons to be enrolled in a college of mortuary science before starting an apprenticeship with a funeral director or embalmer.
The bill would amend Chapter 651 of the Occupations Code by allowing persons who are applying for provisional licenses to start an apprenticeship, to practice funeral directing or embalming under the direct supervision of a licensed funeral director or embalmer, before enrolling in a college of mortuary science. This would give prospective students an opportunity to determine whether the funeral director or embalmer profession is the right fit for them before enrolling in a mortuary science program.
In addition to the current statutory requirements for provisional license applicants, the bill would require an applicant to undergo a criminal background check. When conducting funeral arrangements with family members and other persons, the bill would require provisional license holders to inform customers of their provisional licensee status.
The bill would prohibit provisional funeral director and embalmer licensees from working under a suspended or canceled license. If a person fails to complete the provisional license program, the bill would authorize persons to reapply for a provisional license only once. The bill would allow a provisional license to be renewed for a period not to exceed 24 consecutive months. Also, the provisional license holder would be required to complete the licensing requirements of the provisional license program within 36 consecutive months.
The committee substitute for HB 1219 would:
Provisional license holders who are currently enrolled in a mortuary science program are already required to submit to a criminal background check in order to practice funeral directing or embalming in Texas. HB 1219 effectively changes the point in which a background check is applicable rather than creating a new background check requirement.
We remain neutral on HB 1219 since it neither abridges nor advances our liberty principles.