1. (a) Each 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 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 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) An establishment's licensed 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) All advertising on a website controlled by a Texas licensed entity licensed by the Texas Funeral Service Commission must operate as follows:

   1. (1) The licensed name of the entity, or a registered trademark or registered trade name belonging to the licensed entity must appear on the contact information page.
   2. (2) Irrespective of the name on the website, provisions must be made on the website so that an individual who wishes to consummate a funeral-related transaction must not be able to complete such a transaction without openly and apparently dealing with the licensed entity under the licensed name as reflected in the records of the Texas Funeral Service Commission.
   3. (3) All locations advertised shall be licensed by the Texas Funeral Service Commission.
6. (f) No establishment, commercial embalming establishment, crematory, or cemetery shall advertise in a manner which is false, misleading, or deceptive.
7. (g) Cremation society websites or any advertising shall be linked with a licensed funeral establishment or licensed crematory establishment. The licensed funeral establishment and its location shall be provided to the consuming public.

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; amended to be effective June 27, 2011, 36 TexReg 3922; amended to be effective July 4, 2012, 37 TexReg 4938.