TITLE 22. EXAMINING BOARDS

PART 10. TEXAS FUNERAL SERVICE COMMISSION

CHAPTER 203. LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES

SUBCHAPTER C. ENFORCEMENT

The Texas Funeral Service Commission (Commission) adopts new §203.36 of Title 22, Part 10, Chapter 203 of the Texas Administrative Code (TAC), titled Inspection of Solid Waste Disposal and Sanitation Facilities. The adopted rule establishes procedures, as required by Texas Occupations Code §651.158(b), for the inspection of a funeral establishment's solid waste disposal and sanitation facilities when those facilities have not been inspected by the Texas Department of State Health Services (DSHS). The new section is adopted as published in the May 15, 2026, issue of the Texas Register (51 TexReg 3301) without changes to the proposed text and will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULE

The adopted rule under 22 TAC, Chapter 203, implements Texas Occupations Code §651.158, Inspection of Certain Facilities.

Section 651.158(a) authorizes the Commission to require a funeral establishment that has solid waste disposal and sanitation facilities that have not been inspected by the Texas Department of Health to be inspected by Commission inspectors. (The Texas Department of Health was abolished and its functions transferred to DSHS under House Bill 2292, 78th Legislature, Regular Session, 2003, effective September 1, 2004; references in §651.158 to the Texas Department of Health should be read as references to DSHS.) Section 651.158(b) requires the Commission, by rule, to establish procedures for any inspection required under that section. This rule satisfies that statutory directive.

Specifically, §203.36 authorizes a funeral establishment whose solid waste disposal and sanitation facilities have not been inspected by DSHS to be inspected for compliance with the standards specified by DSHS by Commission inspectors.

The adopted rule does not establish new substantive sanitation standards; rather, it creates a procedural pathway for demonstrating compliance with existing DSHS-equivalent standards in circumstances in which DSHS has not itself performed an inspection. The adopted rule preserves the Commission's authority to require additional or independent inspection under §651.158 or other applicable law.

PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED RULES

The Texas Funeral Service Commission requested public comments on the proposed rule and information related to the cost, benefit, or effect of the proposed rule, including any applicable data, research, or analysis. No comments were received.

STATUTORY AUTHORITY

The rule is adopted under Texas Occupations Code §651.152, which authorizes the Commission to adopt rules necessary to administer and enforce Chapter 651 of the Occupations Code.

The rule is also adopted pursuant to the authority set out in Texas Occupations Code §651.158(b), which requires the Commission, by rule, to establish procedures for an inspection of a funeral establishment's solid waste disposal and sanitation facilities required under §651.158(a) when those facilities have not been inspected by the Texas Department of Health (now the Texas Department of State Health Services).

Cross Reference. The new section implements Texas Occupations Code §651.158.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 22, 2026.

TRD-202602542

Maria Haynes

Interim Executive Director

Texas Funeral Service Commission

Effective date: July 12, 2026

Proposal publication date: May 15, 2026

For further information, please call: (512) 936-2488

CHAPTER 206. ANATOMICAL FACILITIES, NON-TRANSPLANT ANATOMICAL DONATION ORGANIZATIONS, AND WILLED BODY PROGRAMS

The Texas Funeral Service Commission (Commission) adopts a new rule in Texas Administrative Code (TAC), Title 22, Part 10, Chapter 206, Anatomical Facilities, Non-Transplant Anatomical Donation Organizations, and Willed Body Programs, §206.9, regarding the implementation of a donor acknowledgement form to be used by an adult of sound mind in Texas who is donating his or her body by will or other instrument to willed body programs and non-transplant anatomical donation organizations to be used for the advancement of medical or forensic science. The new section is adopted as published in the May 15, 2026, issue of the Texas Register (51 TexReg 3302) without changes to the proposed text and will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULE

The adopted rule under 22 TAC, Chapter 206, implements Texas Health and Safety Code Section 691.028, Donation of Body by Written Instrument.

The Texas Legislature amended Texas Health and Safety Code Section 691.028 to include a donor acknowledgment form as part of the informed consent requirements in order to make effective an adult's donation of his or her whole body to a university willed body program or a non-transplant anatomical donation organization to be used for the advancement of medical or forensic science. Section 691.028(b)(2) sets forth the elements that must be in the donor acknowledgment, and Section 691.028(b-1) requires the Commission, by rule, to design and adopt a form that complies with Section 691.028(b) that willed body programs and non-transplant anatomical donation organizations must use. This rule satisfies this statutory directive.

Specifically, the new §206.9 adopts the Commission prescribed Donor Acknowledgement Form that must be used by willed body programs and NADOs in order to use the decedent donor's body or body parts for the advancement of medical or forensic science if the decedent donated his or her body in a willed or written instrument. The adopted rule further requires the elements that the donor acknowledgement form must include that are applicable to the particular willed body program and non-transplant anatomical donation organization.

PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED RULE

The Texas Funeral Service Commission requested public comments on the proposed rule and information related to the cost, benefit, or effect of the proposed rule, including any applicable data, research, or analysis. No comments were received.

STATUTORY AUTHORITY

The adopted rule is adopted under Texas Health and Safety Code §691.022(c), which authorizes the Texas Funeral Service Commission to adopt rules, establish procedures, and prescribe forms necessary to administer and enforce Texas Health and Safety Code Chapter 691.

The adopted rule is also adopted pursuant to the authority set out in Texas Health and Safety Code §691.028(b-1) which mandates the Commission "by rule" to "design and adopt a form" that complies with the statutory requirements in Texas Health and Safety Code §691.028(b)(2) and (b-1) regarding the donor acknowledgment form content and design that willed body programs and non-transplant anatomical donation organizations must use before an adult donor may give informed consent for his or her whole body donation to be used for the advancement of medical or forensic science under Texas Health and Safety Code §691.028.

Cross Reference. The new section implements Texas Health and Safety Code, §691.028(b)(2) and (b-1), as amended by Senate Bill 2040, 88th Texas Legislature, Regular Session, 2023.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 22, 2026.

TRD-202602541

Maria Haynes

Interim Executive Director

Texas Funeral Service Commission

Effective date: July 12, 2026

Proposal publication date: May 15, 2026

For further information, please call: (512) 936-2488

The Texas Funeral Service Commission (Commission) adopts new rules in Texas Administrative Code (TAC), Title 22, Part 10, in new Chapter 206, Non-Transplant Anatomical Donations: Inspections, §206.31 and §206.33, regarding the inspection procedures for individuals and entities applying for authorization or registration or currently authorized or registered to receive, use, distribute or transport non-transplant whole body donations for the advancement of medical and forensic science. The new sections are adopted as published in the April 24, 2026, issue of the Texas Register (51 TexReg 2582) without changes to the proposed text and will not be republished.

These sections establish the regulatory framework governing inspections conducted by the Commission for entities involved with non-transplant anatomical specimens. They outline when inspections are required, including initial authorization, renewals, ownership changes, and routine compliance reviews, as well as the Commission's authority to perform unannounced inspections. The rules further define the responsibilities of inspected entities, including cooperation, access to records and personnel, and participation in entrance and exit conferences. They also detail the process for addressing deficiencies through formal notification and submission of a Plan of Correction, ensuring ongoing compliance with applicable statutes and regulations.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The adopted rules under 22 TAC, Chapter 206, implement Texas Health and Safety Code §§ 691.012(a)(2)-(3), 691.022(b)-(c), and 691.034 which authorizes the Commission by rule to administer its duties to regulate the receipt, use, transport, and distribution of decedent non-transplant whole human body or body part donations for medical or forensic science.

Each adopted rule described below is in regard to the receipt, use, transport and distribution of non-transplant donations of whole human bodies or body parts for advancing medical or forensic science for purposes allowed under Texas Health and Safety Code chapter 691, unless stated otherwise.

SECTION-BY-SECTION SUMMARY

New 22 TAC §206.31 requires the Commission to conduct an inspection of an individual or entity applying for initial authorization or registration to operate in Texas, undergoing an ownership change, relocating to a new facility or undergoing major renovations to pass the onsite inspection prior to receiving approval from the Commission. The Commission will conduct onsite inspections, which may be unannounced, of authorized entities once every three years, unless the entity is expressly exempted by statute. The inspections may be conducted at reasonable times, including when a lab or event using human bodies or body parts is occurring. Unannounced inspections may also occur to inspect, investigate or evaluate an entity's compliance with or to prevent a violation of the law; a Plan of Correction; order by the Commissioners, executive director or executive director's designee; court order for injunctive relief; or other regulatory purpose. The adopted rule establishes the scenarios in which the commission's inspections are for evaluating the individual's or entity's compliance.

The adopted rule further requires the individual or entity being inspected to cooperate with the Commission, including allowing entry to grounds and records, opportunity to interview and request a written statement from certain individuals, make copies of requested records, and if necessary, opportunity to remove records. The Commission must make reasonable effort to return any removed records in a timely manner. If the inspection purpose is to ensure compliance, the Commission must give the individual or entity opportunity to submit relevant information. Any records considered confidential or proprietary subject to the inspection will be maintained as consistent with applicable law, and released in accordance with statute.

The Commission will hold an entrance and exit conference to discuss the inspection nature, scope, time frame, findings, and possible deficiencies or violations. If deficiencies or violations are found, the individual or entity will be given an opportunity to provide information to show compliance. A report will be sent to the individual or entity seven days after the exit conference ended.

New 22 TAC §206.33 establishes procedures for a Plan of Correction should the Commission find deficiencies when inspecting an individual or entity. The plan must be sent to the individual/entity within 15 business days after the exit conference by physical or electronic mail. The recipient has 15 calendar days to respond to each cited deficiencies, propose timeframes for compliance and provide evidence of compliance. The Commission may or may not accept the recipient's Plan of Correction. If it does not accept, the recipient is given an additional 15 business days to submit a modified Plan of Correction. Even with a Plan of Correction, at any time, the Commission may take enforcement action against the individual or entity.

PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED RULES

The Texas Funeral Service Commission requested public comments on the proposed rules and information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research, or analysis. No comments were received.

STATUTORY AUTHORITY: The amendments were adopted pursuant to Texas Health and Safety Code §691.022(b)-(c), which gives the Commission authority to adopt rules necessary to administer and enforce the receipt, use, distribution, and transport of a decedent's non-transplant whole body or body part donation and other activities under Texas Health and Safety Code chapter 691.

Statutes affected by the adopted rules are Texas Health and Safety Code §§ 691.022, 691.031, 691.033, and 691.034.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 22, 2026.

TRD-202602544

Maria Haynes

Interim Executive Director

Texas Funeral Service Commission

Effective date: July 12, 2026

Proposal publication date: April 24, 2026

For further information, please call: (512) 936-2488