This section prohibits certain failures to comply with funeral-service laws, including record retention, purchase-agreement compliance, and letting unlicensed people do licensed work.
Sec. 651.460. PROHIBITED PRACTICES RELATED TO FAILURE TO COMPLY WITH OTHER LEGAL REQUIREMENTS. (a) A person violates this chapter if the person: (1) arranges for funeral services or merchandise and fails to provide a customer with a purchase agreement as required by Section 651.406; (2) fails to retain and make available to the commission, on request, copies of all price lists, written notices, embalming documents, and memoranda of agreement required by this chapter for two years after the date of distribution or signing; (3) violates this chapter, a rule adopted under this chapter, an order by the commission revoking, suspending, or probating a license, an order assessing an administrative penalty, or an agreement to pay an administrative penalty; (4) allows the use of a dead human body by an embalming establishment for research or educational purposes without complying with Section 651.407; (5) is associated with a funeral establishment, whether as an employee, agent, subcontractor, assignee, owner, or otherwise, and fails to comply with this chapter or a rule adopted under this chapter; or (6) knowingly violates Section 711.002(l), Health and Safety Code. (b) A funeral establishment violates this chapter if: (1) the funeral establishment fails to substantially comply with Section 651.351; (2) the funeral establishment or a person acting on behalf of the funeral establishment violates Chapter 193 or 361, Health and Safety Code; (3) the funeral establishment, a person acting on behalf of the funeral establishment, or a person directly or indirectly connected with the funeral establishment violates Chapter 154, Finance Code, or a rule adopted under that chapter; or (4) the funeral establishment or a person acting on behalf of a funeral establishment allows or assists an unlicensed person to engage in an activity for which a person is required to hold a license under this chapter. (c) A crematory violates this chapter if the crematory or a person acting on behalf of the crematory allows or assists an unlicensed person to engage in an activity for which a person is required to hold a license under this chapter. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.385(c), eff. Sept. 1, 2001. Amended by: Acts 2015, 84th Leg., R.S., Ch. 619 (S.B. 988), Sec. 3, eff. June 16, 2015. Acts 2019, 86th Leg., R.S., Ch. 124 (H.B. 1540), Sec. 30, eff. September 1, 2019.