22 Tex. Admin. Code § 203.4
Transfer of Licenses Prohibited
Effective Dec 23, 200126 TexReg 10291Source Note: The provisions of this §203.4 adopted to be effective December 9, 1983, 8 TexReg 4923; amended to be effective January 17, 1989, 14 TexReg 60; amended to be effective February 24, 1992, 17 TexReg 1233; amended to be effective February 1, 1994, 19 TexReg 346; amended to be effective February 7, 1997, 22 TexReg 1102; amended to be effective January 8, 2001, 26 TexReg 198; amended to be effective December 23, 2001, 26 TexReg 10291.Texas Secretary of State
- (a) Licenses issued by the Commission are not transferable.
- (b) If a funeral establishment changes ownership, the following must be furnished to the Commission before a new establishment license may be issued: notice of the change of ownership within 30 days on a form developed by the Commission; the fees established by the Commission; and sample copies of all required price lists, purchase agreements, and embalming case report forms reflecting the change of new ownership. The executive director may require the funeral establishment to pass an inspection by a commission representative before approval of a new license under this rule.
- (c) The license for funeral establishment and commercial embalming establishments expire on September 30th of each year. Any application for renewal date stamped after September 30th of each year will be assessed a late renewal penalty set by the commission. The license will not be issued until all fees and penalties have been paid in full. The commission will notify the applicant of the license refusal. An establishment shall be deemed as notified once written notice has been placed in the regular United States mail to the physical address of the fixed place of the physical plant.
- (d) A change of establishment name or fixed place requires the issuance of a new establishment license.
- (e) An establishment license will not be renewed if an agreed payment plan on an administrative penalty has not been satisfied. No new establishment license will be issued for the same location with different ownership, if an administrative penalty is outstanding and not subject to appeal.
Source Note:The provisions of this §203.4 adopted to be effective December 9, 1983, 8 TexReg 4923; amended to be effective January 17, 1989, 14 TexReg 60; amended to be effective February 24, 1992, 17 TexReg 1233; amended to be effective February 1, 1994, 19 TexReg 346; amended to be effective February 7, 1997, 22 TexReg 1102; amended to be effective January 8, 2001, 26 TexReg 198; amended to be effective December 23, 2001, 26 TexReg 10291.