1. (a) License Required: A person may not engage in funeral directing or embalming in this state without holding a license issued by the commission, unless the person is a mortuary student acting under the supervision and direction of a licensed funeral director or embalmer.

2. (b) Initial License and Fees:

   1. (1) An applicant for an initial license must meet the eligibility requirements of Texas Occupations Code, §651.253.
   2. (2) Initial licenses issued after March 5, 2003, expire on the last day of the licensee's birth month not less than one year nor more than two years following the license issue date. The monthly fee for the initial license, payable in a lump sum, is equal to one twenty-fourth (1/24) of the biennial license fee.
   3. (3) The renewal period of a license issued under subsection (a) of this section is two years beginning on the 1st day of the month following the licensee's birth month.
   4. (4) The licensing fee shall accompany the application for licensure. The amount of the licensing and renewal fees are posted on the commission's website at www.tfsc.state.tx.us.
   5. (5) All applicants for an initial license must submit to an FBI background check.

3. (c) Outstanding Licenses

   1. (1) Individual licenses outstanding on March 5, 2003 expire on May 31 or November 30 two years from their issue date.
   2. (2) The first renewal period for a license described in paragraph (1) of this subsection is the number of months from its expiration date to the last day of the licensee's birth month not less than one year nor more than two years following the license issue date. The monthly fee for the initial license, payable in a lump sum, is equal to one twenty-fourth (1/24) of the biennial license fee.
   3. (3) A license described in paragraph (2) of this subsection must be renewed within two years following the last day of the licensee's birth month and biennially thereafter.

4. (d) Renewal Procedures and Conditions

   1. (1) A license may be renewed prior to its expiration if the licensee has paid the renewal fee and met the requirements of §203.30 of this chapter (relating to Continuing Education).
   2. (2) A person whose license is expired for 90 days or less, may renew the license by meeting the requirements of this subsection, except that the renewal fee is 1-1/2 times the amount of the normal renewal fee.
   3. (3) A person whose license is expired for more than 90 days but less than one year may renew the license by meeting the requirements of this subsection, except the renewal fee is two times the amount of the normal renewal fee.

   4. (4) A person whose license has been expired for one (1) year or more, may not renew the license, but may reinstate the license by meeting the following requirements:

      1. (A) the examination described in Texas Occupations Code, Chapter 651, §651.255 for a funeral director and §651.256 for an embalmer;
      2. (B) payment of applicable fees, which include all back renewal fees and penalty fees as determined by the commission; and
      3. (C) completion of the mandatory continuing education requirements of §203.30(f)(2) of this chapter.

Source Note:The provisions of this §203.26 adopted to be effective October 6, 2004, 29 TexReg 9365; amended to be effective April 8, 2008, 33 TexReg 2819.