Relating to the licensing and regulation of persons who provide services in relation to the deceased; creating a criminal offense and increasing the punishment for an existing criminal offense; expanding the application of a fee.

89(R) HB 5278 - Introduced version - Bill Text

2025S0241-1 03/13/25

By: Bell of Kaufman

H.B. No. 5278

A BILL TO BE ENTITLED

AN ACT

relating to the licensing and regulation of persons who provide

services in relation to the deceased; creating a criminal offense

and increasing the punishment for an existing criminal offense;

expanding the application of a fee.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 691.001, Health and Safety Code, is

amended to read as follows:

Sec. 691.001. DEFINITIONS. In this chapter:

(1) "Advisory committee" means the State Anatomical

Advisory Committee.

(1-a)
"Advancement of medical or forensic science"

means activities conducted within accredited medical, dental, or

forensic science programs aimed at training individuals under the

supervision of professionals licensed in their respective fields in

educational environments where knowledge, skills, and competencies

are imparted in accordance with accrediting standards, and research

projects. Such research projects must be designed to expand

knowledge within the fields and require formal approval by a

recognized institutional review board or an equivalent ethical

oversight body.

(1-b) "Authorized recipient" means a person or

facility located in this state that in accordance with state law and

the rules adopted under this chapter obtains a whole body, body

segment, part, or non-transplant anatomical part from a human body

acquisition service or the commission
[
"Anatomical facility" means

a facility in this state inspected and approved by the commission

under Section 691.034 that does not operate as a willed body program

or a non-transplant anatomical donation organization
].

(2) "Body" means
the intact corporeal remains of
a

human [
corpse
].

(2-a) "Body segment" means a portion of a whole body

detached for purposes of study, evaluation, education, or research

and composed of contiguous mixed tissues with relationships altered

only at the segment boundaries.

(3) "Anatomical specimen" means a part of a human

corpse
used for an educational or research purpose
.

(4) "Commission" means the Texas Funeral Service

Commission.

(4-a) "Human body acquisition service" means a person

or facility that solicits, retrieves, performs donor selection on,

preserves, transports, allocates, distributes, acquires,

processes, stores, or arranges storage for whole bodies, body

segments, parts, or non-transplant anatomical parts, solely for

educational or research purposes.

(5) "Non-transplant anatomical donation organization"

means a person
or facility required to be licensed that solicits,

retrieves, performs donor selection on, preserves, transports,

allocates, distributes, acquires, processes, stores, or arranges

storage for whole bodies, body segments, parts, or non-transplant

anatomical parts, solely for educational or research purposes

[
accredited to engage in the recovery, receipt, screening, testing,

processing, storage, or distribution of tissue or human remains for

any purpose other than transplantation into a living individual in

this state
].

(6) "Willed body program" means a program operated at

an institution of higher education in this state that
is required to

be licensed by the commission and
allows a living individual to

donate the individual's body or anatomical specimen for educational

or research purposes.

SECTION 2. Section 691.002(b), Health and Safety Code, is

amended to read as follows:

(b) The advisory committee is composed of seven members

appointed by the commission [
as follows:

[
(1)

two members who represent institutions of higher

education that operate willed body programs;

[
(2)

two members who represent non-transplant

anatomical donation organizations;

[
(3)

two members who represent anatomical facilities;

and

[
(4) one public member
].

SECTION 3. Subchapter A, Chapter 691, Health and Safety

Code, is amended by adding Sections 691.003 and 691.004 to read as

follows:

Sec.

691.003.

RECORDS. In addition to the records required

to be maintained by the commission under Sections 691.011 and

691.031, the commission shall maintain a secure electronic

database, accessible to persons designated by the person giving

informed consent under Section 691.0235, that contains the informed

consent documentation provided to the commission by the anatomical

facility, non-transplant anatomical donation organization, willed

body program, and authorized recipient, along with a unique

identifier for every whole body, body segment, part, or

non-transplant anatomical part tied to the donor. Each human body

acquisition service facility, non-transplant anatomical donation

organization, willed body program, and authorized recipient shall

tag each whole body, body segment, part, or non-transplant

anatomical part with the unique identifier prior to transfer to the

authorized recipient, who shall update the database with the

current location of the whole body, body segment, part, or

non-transplant anatomical part until final disposition.

Sec.

691.004.

ENFORCEMENT AND CRIMINAL PENALTY. (a) Each

human body acquisition service facility, non-transplant anatomical

donation organization, willed body program, and authorized

recipient is subject to regulation, including investigations and

enforcement, under this chapter.

(b)

The commission, or the commission's executive director,

may, on sufficient cause as determined by the commission,

immediately revoke authorization for any human body acquisition

service or authorized recipient to operate in this state to ensure

compliance with this chapter or commission rule.

(c)

A person who knowingly violates this chapter commits an

offense.

(d) An offense under this section is a state jail felony.

SECTION 4. Sections 691.010(b) and (c), Health and Safety

Code, are amended to read as follows:

(b) The commission by rule shall establish methods by which

service recipients can be notified of the name, mailing address,

and telephone number of the commission for the purpose of directing

complaints to the commission. The commission may provide for that

notification by including the information on each written contract

relating to bodies willed or donated to an entity
licensed or

regulated by the commission or
otherwise
authorized by the

commission to receive bodies.

(c) The commission shall keep an information file about each

complaint filed with the commission relating to its functions under

this chapter. If a written complaint is filed with the commission

relating to a person
licensed or
[
or an entity
] regulated by the

commission under this chapter, the commission shall periodically

notify the parties to the complaint of the status of the complaint

until final disposition unless notice would jeopardize an

undercover investigation.

SECTION 5. Section 691.011, Health and Safety Code, is

amended to read as follows:

Sec. 691.011. RECORDS. The commission shall keep

identification records [
of each body donated to the commission and
]

of each body or anatomical specimen
for which
[
distributed by
] the

commission
authorizes distribution
.

SECTION 6. Section 691.012, Health and Safety Code, is

amended to read as follows:

Sec. 691.012. FEES. [
(a)
] The commission by rule may set

and collect fees in amounts reasonable and necessary to cover the

cost of administering this chapter, including fees for:

(1)
authorizing the receipt and distribution of

[
receiving and distributing
] bodies and anatomical specimens;

(2) conducting inspections and other verification

activities authorized under Section 691.034; and

(3)
licensing
[
registering
] willed body programs
,

authorized recipients, anatomical facilities,
and non-transplant

anatomical donation organizations.

[
(b)

A non-transplant anatomical donation organization is

exempt from a fee described by Subsection (a)(1).
]

SECTION 7. Section 691.022, Health and Safety Code, is

amended to read as follows:

Sec. 691.022. GENERAL DUTIES. (a) The commission shall

authorize the distribution of
[
distribute
] bodies and anatomical

specimens to persons authorized to receive a body or specimen under

this chapter
or Chapter 692A
. [
This subsection does not apply to a

body or specimen donated to a registered non-transplant anatomical

donation organization.
]

(b) The commission shall adopt rules to
:

(1)

prohibit a licensed human body acquisition

service, authorized recipient, willed body program, or

non-transplant anatomical donation organization from accepting any

donation of a body or anatomical specimen, including a direct

donation, unless the commission authorizes the facility to receive

the donation; and

(2)
ensure that each body and anatomical specimen is

treated with respect while in the custody of the [
commission or
]

person authorized to receive the body or specimen.

(c) The commission shall adopt rules, establish procedures,

and prescribe forms necessary to administer and enforce this

chapter, including rules establishing
licensing
[
registration
] and

inspection requirements and procedures. The commission may issue

a reprimand, assess an administrative penalty, impose other

penalties, or revoke, suspend, or probate a
license
[
registration

or other authorization
] for a violation of this chapter or a

commission rule adopted under this chapter, including a violation

related to an inspection conducted under Section 691.034, in the

manner provided by Chapter 651, Occupations Code.

SECTION 8. The heading to Section 691.023, Health and

Safety Code, is amended to read as follows:

Sec. 691.023. DUTY
REGARDING
[
TO DELIVER
] CERTAIN BODIES

[
TO COMMISSION
].

SECTION 9. Section 691.023(a), Health and Safety Code, is

amended to read as follows:

(a) An officer, employee, or representative of the state, of

a political subdivision, or of an institution having charge or

control of a body not claimed for burial or a body required to be

buried at public expense shall:

(1) notify the commission or the commission's

representative of the body's existence when the body comes into the

person's possession, charge, or control if notified in writing to

do so by the commission or the commission's representative;
and

(2) deliver the body in accordance with the direction

of the commission[
; and

[
(3)

allow the commission, the commission's

representative, or a physician designated by the commission who

complies with this chapter to remove the body to be used for the

advancement of medical or forensic science
].

SECTION 10. Subchapter B, Chapter 691, Health and Safety

Code, is amended by adding Section 691.0235 to read as follows:

Sec.

691.0235.

PERSONS AUTHORIZED TO DONATE BODY FOR

ADVANCEMENT OF MEDICAL OR FORENSIC SCIENCE. (a) Notwithstanding

any other provision of this chapter, but subject to Subsections (b)

and (c), a person is prohibited from donating a body not claimed for

burial or a body required to be buried at public expense to a willed

body program, a non-transplant anatomical donation organization,

or another donee licensed by the commission for use of the body in

the advancement of medical or forensic science.

(b)

A donor may by will or other written instrument in

accordance with Section 691.028 donate the donor's body to an

entity described by Subsection (a).

(c)

A person who may claim a decedent's body for burial

under Section 691.024 may provide informed consent for the body to

be donated to an entity described by Subsection (a).

(d)

The commission shall adopt rules necessary to implement

this section.

SECTION 11. Section 691.025(d), Health and Safety Code, is

amended to read as follows:

(d) A relative of the deceased may claim the body within 60

days after the body has been delivered to an institution or other

entity
licensed under this chapter and
authorized to receive the

body. The body shall be released without charge.

SECTION 12. Sections 691.028(a) and (b), Health and Safety

Code, are amended to read as follows:

(a) An adult living in this state who is of sound mind may

donate the adult's body by will or other written instrument to the

commission, a willed body program [
of a medical or dental school
], a

non-transplant anatomical donation organization, or another donee

in this state as
authorized by the commission to be used for the

advancement of medical or forensic science.
A donor may not donate

the donor's body to an entity located outside of this state unless

the commission in writing authorizes the donation.

(b) To be effective, the donor must provide informed consent

by signing
a written instrument on a form prescribed by the

commission in the presence of two adult witnesses
[
the will or other

written instrument and it must be witnessed by two adults
]. The

donor
must
[
is not required to
] use
the commission's
[
a particular
]

form [
or particular words
] in making the donation
. The written
[
,

but the will or other
] instrument must clearly convey:

(1) the donor's intent; and

(2) the donor's acknowledgment that the donor was

informed about:

(A) the consequences of the donation before

providing consent;

(B) the use the donee plans for the donated body

parts
, which must comply with this chapter and commission rules
;

and

(C) if applicable, any body part and the

condition in which the body part will be returned to the person

designated by the donor.

SECTION 13. Sections 691.030(a), (b), and (c), Health and

Safety Code, are amended to read as follows:

(a) The commission [
or the commission's representative
]

shall
authorize the distribution or redistribution of
[
distribute

bodies donated to it and may redistribute
] bodies donated to

persons licensed
[
medical or dental schools or other donees

authorized
] by the commission to:

(1) willed body programs of schools and colleges [
of

chiropractic, osteopathy, medicine, or dentistry
] incorporated in

this state;

(2) [
forensic science programs;

[
(3)

search and rescue organizations or recovery teams

that are recognized by the commission, are exempt from federal

taxation under Section 501(c)(3), Internal Revenue Code of 1986,

and use human remains detection canines with the authorization of a

local or county law enforcement agency;

[
(4)
] physicians
licensed to practice in this state
;

(3)
[
(5)
] anatomical facilities; and

(4) authorized recipients
[
(6)

other persons as

provided by this section
].

(b) In
authorizing
[
making
] the distribution, the

commission shall give
first
priority to the
schools and colleges of

medicine in this state and second priority to
schools and colleges

that need bodies for lectures and demonstrations.

(c) If the commission has remaining bodies, the commission

[
or the commission's representative
] shall
authorize the

distribution or redistribution of
[
distribute or redistribute
]

those bodies to the schools and colleges proportionately and

equitably according to the number of students in each school or

college receiving instruction or demonstration in normal or morbid

anatomy and operative surgery. The dean of each school or college

shall certify that number to the commission when required by the

commission.

SECTION 14. Section 691.031, Health and Safety Code, is

amended by adding Subsection (a-1) to read as follows:

(a-1)

In the rules the commission adopts under Subsection

(a), the commission shall include enforcement provisions to ensure

that the documentation and labeling requirements of this section

are satisfied for each body or anatomical specimen received or

distributed under this chapter.

SECTION 15. Section 691.033, Health and Safety Code, is

amended by adding Subsections (e) and (f) to read as follows:

(e)

Only a licensed willed body program, non-transplant

anatomical donation organization, authorized recipient, or human

body acquisition service is permitted to effectuate the final

disposition of a body distributed under this chapter, exclusively

by a commission-licensed, flame-based cremation facility in this

state.

(f)

A willed body program, non-transplant anatomical

donation organization, authorized recipient, or human body

acquisition service shall return an anatomical specimen after use

to the person designated by the donor.

SECTION 16. The heading to Section 691.034, Health and

Safety Code, is amended to read as follows:

Sec. 691.034.
LICENSURE AND
REGULATION [
AND REGISTRATION
]

OF PERSONS AND INSTITUTIONS USING BODIES AND ANATOMICAL SPECIMENS.

SECTION 17. Sections 691.034(a), (a-2), (a-3), (b), (c),

(d), and (e), Health and Safety Code, are amended to read as

follows:

(a) A willed body program
, human body acquisition service,

authorized recipient,
or non-transplant anatomical donation

organization may not operate in this state unless the program or

organization
is licensed by
[
registers with
] the commission in the

form and manner prescribed by the commission.

(a-2) The commission shall
license
[
inspect and may

approve
] willed body programs
, non-transplant anatomical donation

organizations,
and anatomical facilities for the receipt and use of

bodies and anatomical specimens under this chapter.
The commission

shall inspect willed body programs, non-transplant anatomical

donation organizations, and anatomical facilities at least once

every three years.

(a-3) The commission shall establish a process to

periodically verify a non-transplant anatomical donation

organization's compliance with
state laws and regulations
[
the

Standards for Non-Transplant Anatomical Donation published by the

American Association of Tissue Banks.

The process:

[
(1)

may authorize the commission to inspect a

non-transplant anatomical donation organization; and

[
(2) may not:

[
(A)

be duplicative of the accreditation process

described by Subsection (a-1); or

[
(B)

occur more frequently than once every five

years
].

(b) The commission may investigate
or inspect
a willed body

program, non-transplant anatomical donation organization,
human

body acquisition service, authorized recipient
[
anatomical

facility
], or other person if the commission has reason to believe

that the program, organization,
service, recipient
[
facility
], or

person has improperly used a body or anatomical specimen.

(c) The commission
shall
[
may
] suspend or revoke a willed

body program's, non-transplant anatomical donation organization's,

human body acquisition service's, authorized recipient's

[
anatomical facility's
], or other person's
license
[
registration
]

or other authorization to receive and use or dissect bodies or

anatomical specimens if the commission determines that the program,

organization,
service, recipient
[
facility
], or person has

improperly used a body or anatomical specimen.

(d) A willed body program, non-transplant anatomical

donation organization,
human body acquisition service, authorized

recipient
[
anatomical facility
], or other person is entitled to a

hearing before the commission or a hearing examiner appointed by

the commission before the commission may revoke the program's,

organization's,
service's, recipient's
[
facility's
], or person's

license
[
registration
] or other authorization to receive and use or

dissect bodies or anatomical specimens. The commission shall make

all final decisions to suspend or revoke
a license or
[
an
]

authorization.

(e) A
licensed
[
registered
] non-transplant anatomical

donation organization must inform the commission within the time

prescribed by commission rule if the organization loses its

accreditation with the American Association of Tissue Banks.

SECTION 18. Section 691.035(b), Health and Safety Code, is

amended to read as follows:

(b) An offense under this section is
a Class B misdemeanor

[
punishable by a fine of not less than $100 or more than $500
].

SECTION 19. Subchapter B, Chapter 691, Health and Safety

Code, is amended by adding Section 691.036 to read as follows:

Sec.

691.036.

HUMAN BODY ACQUISITION SERVICE FACILITY

STANDARDS. The commission shall adopt minimum standards for human

body acquisition services licensed under this chapter. The

standards must require a human body acquisition service facility

to:

(1)

meet the applicable building, fire safety, and

health standards imposed by this state, and, if located in a

municipality, imposed by the municipality, for similar facilities;

(2) be in a fixed location;

(3)

include a presentation room containing the

facilities, equipment, and supplies required by commission rule to

ensure the provision of adequate services;

(4)

be designed to ensure security and respectful

treatment of bodies and to restrict public view of and access to

bodies;

(5)

include other facilities as necessary to comply

with the applicable sanitary codes of this state and the

municipality in which the facility is located; and

(6)

include any other construction, health, and safety

provisions the commission determines necessary to protect the

public and donors.

SECTION 20. Section 692A.002, Health and Safety Code, is

amended by adding Subdivision (3-a) to read as follows:

(3-a) "Commission" means the Texas Funeral Service

Commission.

SECTION 21. Chapter 692A, Health and Safety Code, is

amended by adding Section 692A.0035 to read as follows:

Sec.

692A.0035.

LICENSE REQUIRED FOR WILLED BODY PROGRAM.

A person may not receive an anatomical gift as part of a willed body

program, as defined by Section 691.001, in this state unless the

program is licensed by the commission.

SECTION 22. Sections 692A.011(a) and (b), Health and Safety

Code, are amended to read as follows:

(a) An anatomical gift may be made to the following persons

named in the document of gift:

(1) an organ procurement organization to be used for

transplantation, therapy, research, or education;

(2) a hospital to be used for research;

(3) subject to Subsection (d), an individual

designated by the person making the anatomical gift if the

individual is the recipient of the part;

(4) an eye bank or tissue bank, except that use of a

gift of a whole body must be coordinated through
and authorized by

the
commission
[
Texas Funeral Service Commission
];

(5) a forensic science program
licensed by the

commission
at:

(A) a general academic teaching institution as

defined by Section 61.003, Education Code; or

(B) a private or independent institution of

higher education as defined by Section 61.003, Education Code;

(6) [
a search and rescue organization or recovery team

that is recognized by the Texas Funeral Service Commission, is

exempt from federal taxation under Section 501(c)(3), Internal

Revenue Code of 1986, and uses human remains detection canines with

the authorization of a local or county law enforcement agency;

[
(7)
] the
commission
[
Texas Funeral Service

Commission
]; or

(7)
[
(8)
] a
licensed
non-transplant anatomical

donation organization
as authorized by the commission
.

(b) Except for donations described by Subsections (a)(1)

through
(5)
[
(6)
], the
commission
[
Texas Funeral Service

Commission
] or a
licensed
non-transplant anatomical donation

organization
as authorized by the commission
shall be the donee of

gifts of bodies or parts of bodies made for the purpose of education

or research that are subject to distribution
as authorized
by the

commission [
or organization
] under Chapter 691.

SECTION 23. Section 711.002, Health and Safety Code, is

amended by amending Subsection (k) and adding Subsection (k-1) to

read as follows:

(k) Any dispute among any of the persons listed in

Subsection (a) concerning their right to control the disposition,

including cremation, of a decedent's remains shall be resolved by a

court with jurisdiction over probate proceedings for the decedent,

regardless of whether a probate proceeding has been initiated.

(k-1)
A cemetery organization or funeral establishment
that

is aware of a dispute described by Subsection (k) is
[
shall
] not

[
be
] liable for refusing to accept the decedent's remains, or to

inter or otherwise dispose of the decedent's remains, until it

receives a court order or other suitable confirmation that the

dispute has been resolved or settled.
A cemetery organization or

funeral establishment that is unaware of a dispute described by

Subsection (k) is not liable for disposing of the decedent's

remains if the organization or establishment:

(1)

reasonably relies in good faith on the

representations of a person who states in writing that the person is

entitled to control the disposition of the decedent's remains;

(2)

disposes of the decedent's remains in accordance

with the written directions of the person described by Subdivision

(1); and

(3)

is unaware, after inquiring of the person

described by Subdivision (1), of another person who is listed in a

priority before the person described by Subdivision (1).

SECTION 24. Section 711.008(a), Health and Safety Code, is

amended to read as follows:

(a) Except as provided by Subsections (b), (f), (g), (g-1),

(g-2), [
(g-3), (g-4),
] (h), (k), and (m), an individual,

corporation, partnership, firm, trust, or association may not

establish or operate a cemetery, or use any land for the interment

of remains, located:

(1) in or within one mile of the boundaries of a

municipality with a population of 5,000 to 25,000;

(2) in or within two miles of the boundaries of a

municipality with a population of 25,000 to 50,000;

(3) in or within three miles of the boundaries of a

municipality with a population of 50,000 to 100,000;

(4) in or within four miles of the boundaries of a

municipality with a population of 100,000 to 200,000; or

(5) in or within five miles of the boundaries of a

municipality with a population of at least 200,000.

SECTION 25. Section 651.202, Occupations Code, is amended

by adding Subsection (g) to read as follows:

(g)

Notwithstanding any other provision of this section, a

commission employee may dismiss a complaint without further

investigation under Subsection (c) if:

(1)

the subject matter of the complaint is a funeral

service provided under a contract with a license holder and the

complainant is not:

(A) a party to the contract; or

(B)

the person entitled under Section

711.002(a), Health and Safety Code, to control the disposition of

the remains of the decedent to whom the service relates; or

(2)

regardless of the subject matter of the complaint,

the complaint is not accompanied by substantial evidence of a

violation of a statute administered by the commission.

SECTION 26. Subchapter I, Chapter 651, Occupations Code, is

amended by adding Section 651.411 to read as follows:

Sec.

651.411.

SCOPE OF SERVICE INVOLVING CERTAIN ANATOMICAL

GIFTS. The commission by rule may prescribe the minimum

requirements for a licensed funeral establishment to provide a

service in relation to an anatomical gift made under Chapter 691 or

692A, Health and Safety Code, that is not intended for

transplantation, including requirements for the storage or

transportation of the anatomical gift.

SECTION 27. Chapter 651, Occupations Code, is amended by

adding Subchapter O to read as follows:

SUBCHAPTER O. CIVIL ACTION AGAINST LICENSE HOLDER

Sec.

651.701.

LIMITATION ON BRINGING ACTION FOR ACT OR

OMISSION RELATED TO REGULATED SERVICE. (a) A person may not bring

an action against a license holder to recover damages for an act or

omission related to a service for which a license is required under

this chapter and provided under a contract unless the person is:

(1) a party to the contract; or

(2)

entitled under Section 711.002(a), Health and

Safety Code, to control the disposition of the remains of the

decedent to whom the service relates.

(b)

If the person who may bring an action under Subsection

(a)(1) or (2) is incapacitated or otherwise unable to bring the

action, the person's legal guardian may bring the action on the

person's behalf.

(c)

Notwithstanding any other provision of law, a funeral

establishment, funeral director, or embalmer licensed under the

laws of this state shall be indemnified and held harmless for any

preexisting condition, state of decomposition, infestation, or

alteration of a deceased human body that existed prior to the time

when the funeral establishment, funeral director, or embalmer took

custody of the remains from a human body acquisition service

facility, authorized recipient, willed body program, or

non-transplant anatomical donation organization.

Sec.

651.702.

LIMITATION ON NONECONOMIC DAMAGES. (a)

Except as provided by Subsection (b), in an action described by

Section 651.701, the civil liability for noneconomic damages of the

license holder, inclusive of all persons and entities for which

vicarious liability theories may apply, is limited to an amount not

to exceed $250,000 for each claimant, regardless of the number of

defendants against whom the claim is asserted or the number of

separate causes of action on which the claim is based.

(b)

The limitation on civil liability under Subsection (a)

does not apply if the act or omission on which the claim is based

constitutes gross negligence or intentional misconduct.

Sec.

651.703.

IMMUNITY FOR GOOD FAITH RELIANCE ON

REPRESENTATIONS OF CERTAIN PERSONS. A license holder is not liable

for an act or omission related to providing a service for which a

license is required under this chapter if the license holder with

respect to the act or omission reasonably relied in good faith on

the representation of a person who:

(1)

conducts an inquest under Chapter 49, Code of

Criminal Procedure, on the body or body part to which the service

relates; or

(2)

is a person or institution with charge or control

under Chapter 691 or 692A, Health and Safety Code, of the body or

body part to which the service relates.

SECTION 28. The following sections of the Health and Safety

Code are repealed:

(1) Sections 691.002(c), (d), (e), and (f);

(2) Section 691.025(c);

(3) Sections 691.034(a-1) and (f); and

(4) Sections 711.008(g-3) and (g-4).

SECTION 29. Section 651.702, Occupations Code, as added by

this Act, is an exercise of authority under Section 66(c), Article

III, Texas Constitution, and takes effect only if this Act receives

a vote of three-fifths of all the members elected to each house, as

provided by Subsection (e) of that section.

SECTION 30. Subchapter O, Chapter 651, Occupations Code, as

added by this Act, applies only to a cause of action that accrues on

or after the effective date of this Act. A cause of action that

accrued before the effective date of this Act is governed by the law

as it existed immediately before the effective date of this Act, and

that law is continued in effect for that purpose.

SECTION 31. As soon as practicable after the effective date

of this Act, the Texas Funeral Service Commission shall adopt rules

necessary to implement Chapters 691 and 692A, Health and Safety

Code, and Chapter 651, Occupations Code, as amended by this Act.

SECTION 32. This Act takes effect September 1, 2025.