Bill

HB 1893

83(R) - 2013
Licensing & Administrative Procedures

Vote Recommendation

Yes
  • Positive
  • Neutral
  • Positive
  • Positive
  • Positive

Author(s)

Larry Gonzales

Bill Caption

Relating to the Texas Funeral Service Commission and the regulation of funeral directing and embalming.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

Summary: Current law requires people to obtain provisional licenses to learn funeral directing or embalming from a licensed funeral director or embalmer. HB 1893 would allow the Texas Funeral Commission to provide provisional licenses to people that train under the personal supervision of a funeral embalmer for at least six months and attain at least a 75% on the Texas Laws examination administered by the Texas Funeral Commission. This change would allow people to bypass certain educational requirements, such as graduating from a accredited school or college of mortuary science, to obtain a provisional license. Once a professional feels a person with a provisional license is proficient, they would submit an affidavit of proficiency to the commission that, if approved, would allow the Provisional license holders to practice under the general supervision of a funeral director or embalmer, which allows them to practice merely with the professional on site, instead of under their personal supervision, which requires the professional’s physical presence. Provisional licenses last between 12 and 24 months, although HB 1893 would allow an extension of 12 months based on hardship. HB 1893 would also amend law to allow members of the commission to serve more than one full term to address concerns that the commission cannot keep experienced board members.

Analysis: HB 1893 would loosen regulations on professional funeral directors and embalmers and those provisionally licensed to train in the field. HB 1893 would allow people to get their provisional licenses without having the specific education credentials currently required. HB 1893 would then allow professionals to provide only general supervision to provisional license holders they consider proficient, freeing them from regulations that require them to personally attend to the training of students. This reduction in regulation limits government, promotes the individual liberty and personal responsibility of both professional and training funeral directors and embalmers, modestly reduces a barrier to entry into this industry. We support HB 1893.