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.

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.