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 is 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 prior to September 1, 2009, 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.

   5. (5) A person whose license has expired after September 1, 2009, and has been expired for one (1) year or more may renew the license by meeting the following requirements:

      1. (A) retaking and passing the applicable examination;
      2. (B) payment of any applicable fees, including a renewal fee that is equal to two times the normally required renewal fee; and
      3. (C) completion of the mandatory continuing education requirements of §203.30(f)(2) of this chapter.

5. (e) Licensing for Military Spouses.

   1. (1) This subsection applies to an applicant who is the spouse of a person serving on active duty as a member of the armed forces of the United States.

   2. (2) The agency may issue a license to an applicant described in paragraph (1) of this subsection who:

      1. (A) holds a current license issued by another state that has licensing requirements that are substantially equivalent to the requirements for the license; or
      2. (B) within the five years preceding the application date held the license in this state that expired while the applicant lived in another state for at least six months.
   3. (3) The agency may allow an applicant described under paragraph (2) of this subsection to demonstrate competency by alternative methods in order to meet the requirements for obtaining a particular license issued by the agency. For purposes of this subsection, the standard method of demonstrating competency is the specific examinations, education, and/or experience required to obtain a particular license.

   4. (4) In lieu of the standard method(s) of demonstrating competency for a particular license, and based on the applicant's circumstances, the alternative methods for demonstrating competency may include any combination of the following as determined by the department:

      1. (A) education;
      2. (B) continuing education;
      3. (C) examinations (written and/or practical);
      4. (D) letters of good standing;
      5. (E) letters of recommendation;
      6. (F) work experience; or
      7. (G) other methods required by the executive director.
   5. (5) The executive director may issue a license by endorsement in the same manner as the commission under Texas Occupations Code, §651.253 to applicant described under paragraph (2) of this subsection.
   6. (6) The applicant described under paragraph (2) of this subsection shall submit an application and proof of the requirements under this subsection and for that particular license on a form and in a manner prescribed by the agency.
   7. (7) The applicant described under paragraph (2) of this subsection shall submit the applicable fee(s) required for that particular license.

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; amended to be effective January 7, 2010, 35 TexReg 97; amended to be effective January 11, 2012, 37 TexReg 61.