1. (a) Each funeral establishment's application for licensure shall contain the name to be used on the license.
2. (b) Upon receiving an application for a new or changed funeral establishment license, the executive director shall review establishment names in the commission's database. The executive director shall issue the license in the requested name when all licensing requirements are satisfied, unless the director determines that the name is deceptively or substantially similar to the name of another licensed funeral establishment in the same county, metropolitan area, municipality, or service area. A license shall not be issued to an establishment for a name that is deceptively or substantially similar to the name of another establishment, unless that establishment agrees in writing to the name's use.
3. (c) A funeral establishment's name may be changed by following the procedure for obtaining the original name.
4. (d) An applicant for approval of a new or changed name may appeal the executive director's denial of the request to the commission. The commission's decision is final.
5. (e) No funeral establishment may advertise under an assumed name, unless the entity has filed an assumed name certificate with the appropriate county clerk or the secretary of state, as required by the Texas Assumed Business or Professional Name Act.
6. (f) No funeral establishment, commercial embalming establishment, crematory, or cemetery shall advertise in a manner which is false, misleading, or deceptive. After November 15, 2011, each advertisement that offers the service of an commercial embalming establishment, funeral establishment, crematory, or cemetery in Texas and is found in a telephone directory, on a radio, on a television, on a domain site, e-mail directory, web site, or newspaper must clearly display the funeral establishment, commercial embalming establishment, cemetery, or crematory license number on all advertisements. The license number shall be preceded with the TFSC License #.
7. (g) No licensed entity shall directly advertise after November 15, 2011 on a web site, telephone directory, domain site, on a radio, on a television, e-mail directory, or newspaper with an establishment name without the establishment name and license number clearly listed. The license number shall be preceded with the TFSC License #.

Source Note:The provisions of this §203.29 adopted to be effective June 8, 2005, 30 TexReg 3207; amended to be effective December 8, 2005, 30 TexReg 8096; amended to be effective April 4, 2006, 31 TexReg 2860; amended to be effective October 10, 2010, 35 TexReg 9092.