TITLE 22. EXAMINING BOARDS
PART 9. TEXAS MEDICAL BOARD
CHAPTER 160. GENERAL PROVISIONS
SUBCHAPTER
A.
The Texas Medical Board (Board) proposes new §160.8, concerning Employee Training and Education.
The proposed new §160.8, relating to Employee Training and Education, authorizes reimbursement of training and education expenses consistent with Subchapters C and D, Chapter 656, Texas Government Code.
Scott Freshour, General Counsel for the Texas Medical Board, has determined that, for each year of the first five years the proposed new rule is in effect, the public benefit anticipated as a result of enforcing the proposed new rule will be to provide agency employees an opportunity to qualify for reimbursement of training and education expenses.
Mr. Freshour has also determined that for the first five-year period the proposed new rule is in effect, there will be no fiscal impact or effect on government growth as a result of enforcing the proposed new rule.
Mr. Freshour has also determined that for the first five-year period the proposed new rule is in effect there will be no probable economic cost to individuals required to comply with the proposed new rule.
Pursuant to Texas Government Code §2006.002, the agency provides the following economic impact statement for the proposed new rule and determined that for each year of the first five years the proposed new rule will be in effect there will be no effect on small businesses, micro businesses, or rural communities.
Pursuant to Texas Government Code §2001.024(a)(4), Mr. Freshour certifies that this proposal has been reviewed and the agency has determined that for each year of the first five years the proposed new rule is in effect:
(1) there is no additional estimated cost to the state or to local governments expected as a result of enforcing or administering the proposed new rule;
(2) there are no estimated reductions in costs to the state or to local governments as a result of enforcing or administering the proposed new rule;
(3) there is no estimated loss or increase in revenue to the state or to local governments as a result of enforcing or administering the proposed new rule; and
(4) there are no foreseeable implications relating to cost or revenues of the state or local governments with regard to enforcing or administering the proposed new rule.
Pursuant to Texas Government Code §2001.024(a)(6) and §2001.022, the agency has determined that for each year of the first five years the proposed new rule will be in effect, there will be no effect on local economy and local employment.
Pursuant to Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed new rule. For each year of the first five years the proposed new rule will be in effect, Mr. Freshour has determined the following:
(1) The proposed new rule does not create or eliminate a government program.
(2) Implementation of the proposed new rule does not require the creation of new employee positions or the elimination of existing employee positions.
(3) Implementation of the proposed new rule does not require an increase or decrease in future legislative appropriations to the agency.
(4) The proposed new rule does not require an increase or decrease in fees paid to the agency.
(5) The proposed new rule does create a new regulation.
(6) The proposed new rule does not repeal existing regulations as described above. The proposed new rule does not expand or limit an existing regulation.
(7) The proposed new rule does not increase the number of individuals subject to the rules' applicability.
(8) The proposed new rule does not positively or adversely affect this state's economy.
Comments on the proposals may be submitted using this link: https://forms.cloud.microsoft/g/qfnjLgv3AB or e-mail comments to: rules.development@tmb.state.tx.us. A public hearing will be held at a later date.
The new rule is proposed under the authority of Texas Occupations Code §153.001, which provides authority for the Board to adopt rules necessary to administer and enforce the Medical Practice Act and to adopt rules necessary to perform its duties.
The proposed new rule is also proposed pursuant to requirements set forth in Subchapters C and D, Chapter 656, Texas Government Code and requires the Board to adopt rules to implement such sections in Texas Government Code, Chapter 656, including §656.048.
No other statutes, articles or codes are affected by this proposal.
§160.8.
(a) The Board may use state funds to provide education and training for its employees in accordance with the State Employees Training Act, Texas Government Code §§656.041 - 656.049.
(b) The agency shall adopt policies related to training for Board employees, including eligibility, approval and obligations assumed upon completion.
(c) Participation in an education or training program requires the appropriate level of approval prior to participation and is subject to the availability of funds within the Board's budget.
(d) In accordance with Texas Government Code Chapter 656, Subchapter C, the Board will only reimburse an employee for tuition expenses for a program or course successfully completed at an accredited institution of higher education.
(e) Approval to participate in any portion of the Board's education and training program shall not in any way affect an employee's at-will status or constitute a guarantee or indication of continued employment, nor shall it constitute a guarantee or indication of future employment in a current or prospective position.
(f) Permission to participate in any education and training program may be withdrawn at the discretion of the agency.
(g) An employee who completes training and education to obtain a degree or certification for which the Board has provided all or part of the required fees must agree in writing to fully repay the Board any amounts paid for educational assistance if the employee voluntarily terminates employment with the agency within one year after the course or courses are completed.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 29, 2026.
TRD-202602676
Scott Freshour
General Counsel
Texas Medical Board
Earliest possible date of adoption: August 9, 2026
For further information, please call: (512) 305-7059
CHAPTER 161. PHYSICIAN LICENSURE
SUBCHAPTER
H.
The Texas Medical Board (Board) proposes amendments to Chapter 161, §161.35, concerning Continuing Medical Education (CME) Requirements for License Renewal.
These rules are mandated by the passage of HB47 and SB25 (89th Regular Legislative Session) which amended the Texas Occupations Code, Sections 156.057 and 156.061. The proposed amendments require licensed physicians to complete specified continuing medical education on forensic evidence collection as well as nutrition and metabolic health.
The proposed amendments to §161.35 are as follows:
Amendment to §161.35(a) adds paragraph (3)(A), requiring licensed physicians to complete two credit hours of CME in accordance with §156.057 of the Act and provides that the Board will recognize any course found acceptable to the Governor's Sexual Assault Survivors' Task Force to meet the requirement for continuing education in forensic evidence collection. The bill requires the Medical Board to adopt rules as necessary to implement the new provisions of the Texas Occupations Code.
Amendment to §161.35(a) adds paragraph (3)(B), requiring licensed physicians to complete one credit hour of CME, in accordance with §156.061 of the Act, in the topic of nutrition and metabolic health focused on the nutritional guidelines recommended by the Texas Nutrition Advisory Committee. The bill requires the Medical Board to adopt rules as necessary to implement the new provisions of the Texas Occupations Code.
Scott Freshour, General Counsel for the Texas Medical Board, has determined that, for each year of the first five years the proposed sections are in effect, the public benefit anticipated as a result of enforcing these proposed sections will be to physician's knowledge about: 1) providing trauma-informed care for sexual assault survivors, community referrals, prophylactic medications, rights of sexual assault survivors, forensic medical examinations and forensic evidence collection methods; and 2) health and nutrition standards that promote healthy living for patients in Texas.
Mr. Freshour has also determined that for the first five-year period these proposed amendments are in effect, there will be no fiscal impact or effect on government growth as a result of enforcing the proposed sections.
Mr. Freshour has also determined that for the first five-year period these proposed amendments are in effect there will be no probable economic cost to individuals required to comply with these proposed sections.
Pursuant to Texas Government Code §2006.002, the agency provides the following economic impact statement for these proposed amendments and determined that for each year of the first five years these proposed amendments will be in effect, there will be no effect on small businesses, micro businesses, or rural communities. The agency has considered alternative methods of achieving the purpose of these proposed amendments and found none.
Pursuant to Texas Government Code §2001.024(a)(4), Mr. Freshour certifies that this proposal has been reviewed, and the agency has determined that for each year of the first five years these proposed amendments are in effect:
(1) there is no additional estimated cost to the state or to local governments expected as a result of enforcing or administering these proposed amendments;
(2) there are no estimated reductions in costs to the state or to local governments as a result of enforcing or administering these proposed amendments;
(3) there is no estimated loss but there may be an increase in revenue to the state or to local governments as a result of enforcing or administering these proposed amendments; and
(4) there are no foreseeable implications relating to cost or revenues of the state or local governments with regard to enforcing or administering these proposed amendments.
Pursuant to Texas Government Code §2001.024(a)(6) and §2001.022, the agency has determined that for each year of the first five years these proposed amendments will be in effect, there will be no effect on local economy and local employment.
Pursuant to Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed amendments. For each year of the first five years the proposed amendments will be in effect, Mr. Freshour has determined the following:
(1) the proposed rules do not create or eliminate a government program;
(2) implementation of the proposed rules does not require the creation of new employee positions or the elimination of existing employee positions;
(3) implementation of the proposed rules does not require an increase or decrease in future legislative appropriations to the agency;
(4) the proposed rules do not require an increase in fees paid to the agency;
(5) the proposed rules do create a new regulation;
(6) the proposed rules do not expand, limit, or repeal an existing regulation;
(7) the proposed rules do not increase the number of individuals subject to the rule's applicability; and
(8) the proposed rules do not positively affect this state's economy.
Comments on the proposals may be submitted using this link: https://forms.cloud.microsoft/g/q3HxhnfZn5 or e-mail comments to: rules.development@tmb.state.tx.us. A public hearing will be held at a later date.
The proposed amendments to the rules are proposed pursuant to the passage of HB47 and SB25 (89th Regular Legislative Session) which amended the Texas Occupations Code, Section 156.057 and added new Texas Occupations Code Section 156.061. These Sections require the Board to adopt rules to implement such sections. Specifically, Texas Occupations Code, Section 153.001, provides authority for the Board to adopt rules necessary to administer and enforce the Medical Practice Act, adopt rules necessary to perform its duties and regulate the practice of medicine in this state. Texas Occupations Code, Sections 156.057 and 156.061, provide authority for the Board to recommend and adopt rules to implement these sections.
No other statutes, articles or codes are affected by this proposal.
§161.35.
(a) Forty-eight total CME credits are required, biennially, as follows:
(1) Minimum of 24 formal credits of AMA/PRA Category 1 designated by:
(A) the Accreditation Council for Continuing Medical Education;
(B) a state medical society recognized by the Committee for Review and Recognition of the Accreditation Council for Continuing Medical Education;
(C) the American Academy of Family Physicians;
(D) the AOA Category 1-A;
(E) the Texas Medical Association;
(F) the board, but only as it applies to medical ethics and/or professional responsibility; or
(G) a board-appointed physician performing a competency evaluation or practice monitoring of another physician, which may receive one (1) formal CME credit for each hour of time spent on these duties up to 12 hours.
(2) As part of the 24 formal credits, the following are required:
(A) a human trafficking prevention course, in accordance with §156.060 of the Act;
(B) two credits in the topic of medical ethics and/or professional responsibility; and
(C) two credits in accordance with §156.055 of the Act.
(3) Informal or Formal CME credits must include:
(A) two credits in accordance with §156.057 of the Act. The Board will recognize any course found acceptable to the Governor's Sexual Assault Survivors' Task Force to meet the requirement for continuing education in forensic evidence collection; and
(B) one credit in accordance with §156.061 of the Act in the topic of nutrition and metabolic health focused on the nutritional guidelines recommended by the Texas Nutrition Advisory Committee.
(4) [(3)] Remaining Informal CME credits may include:
(A) informal self-study; or
(B) attendance at hospital lectures, grand rounds, or case conferences.
(b) Alternate proof of CME compliance is presumed if the physician:
(1) meets the criteria set forth in §156.052 of the Act;
(2) is currently in a residency/fellowship training; or
(3) completed residency/fellowship training within six months prior to obtaining licensure.
(c) CME Deficiencies and Carry Forward Procedures:
(1) Any CME deficiency can be remedied within 30 days after registration renewal due.
(2) A maximum of 48 total excess credits may be carried forward only to the next registration period; and
(3) Required formal credits described in subsection (a)(2) of this section cannot be carried forward.
(d) In accordance with §156.053 of the Act, exemptions from CME may be allowed upon a written request at least 30 days before renewal is due.
(e) Voluntary Charity Care CME requirements are reduced to twelve informal CME credits per biennium.
(f) In accordance with §323.0045 of the Health and Safety Code, recognized forensic examination CME must be:
(1) a formal category 1 course; or
(2) approved or recognized by the Texas Board of Nursing.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 29, 2026.
TRD-202602677
Scott Freshour
General Counsel
Texas Medical Board
Earliest possible date of adoption: August 9, 2026
For further information, please call: (512) 305-7059
CHAPTER 173. OFFICE-BASED ANESTHESIA SERVICES
SUBCHAPTER
B.
The Texas Medical Board (Board) proposes Chapter 173, Office-Based Anesthesia Services, new Subchapter B, titled Parenteral Ketamine Therapy, §§173.6 - 173.17.
The proposed new sections are as follows:
New §173.6, Definitions, sets forth definitions for "administration of ketamine", "adverse event", "initial dose", "medical director", "PKT practice", "psychotropic ketamine therapy (PKT)" and "practitioner."
New §173.7, Mandatory Registration, mandates registration for PKT Practices and sets forth an application procedure. The section further proposes a 180-day grace period for implementation of the requirements set forth under Chapter 173, Subchapter B, except for adverse reporting requirements under New §173.14, which must be met upon the effective date of the rule's adoption.
New §173.8, Exemptions from Registration, sets forth practice settings exempt from required registration and the rules promulgated under new Subchapter B.
New §173.9, Renewal of PKT Practice Registration, proposes a two-year registration term and sets forth registration renewal requirements.
New §173.10, Medical Director Requirements, sets forth medical director eligibility requirements, duties, and restrictions.
New §173.11, Operation of PKT Clinics, sets forth requirements for operation of PKT Practices. The rule includes limitations on the administration of psychotropic ketamine therapy to practitioners and RNs and outlines requirements that must be met before and during administration of PKT, including informed consent, pregnancy status verification for women of child-bearing age, and continuous monitoring. The new section sets forth practitioner-patient ratios that apply depending on the presence of a physician on-site.
New §173.12, Monitoring Requirements After the Completion of PKT Administration, sets forth monitoring requirements upon the completion of PKT administration and prior to discharge of the patient. The rule further sets forth a maximum practitioner-patient ratio of one monitoring delegate to every four patients.
New §173.13, Minimum Equipment and Medication Requirements, outlines the minimum equipment and medications that must be on-site at all times and readily available to manage adverse events.
New §173.14, Emergency Response Requirements and Adverse Event Reporting, sets forth requirements for medical directors or delegating physicians to respond to non-emergency consultations or emergency situations. The rule further requires that a PKT Practice maintain an adverse event reporting log and outlines minimum requirements for maintaining the log. The section further requires that the Medical Director must ensure the PKT Practice completes and submits to the Board, on a Board approved form, a written report within 24 hours of the following adverse events: (1) emergency transportation; or (2) death.
New §173.15, Prohibited PKT Administration, provides that PKT may not be administered outside of a registered clinic or an exempt setting set forth under §173.8 or prescribed for home use.
New §173.16, Complaints, provides that the Medical Director is responsible for the clinic's operations and patient care. The new rule further provides that the Medical Director must ensure compliance with all applicable statutes and regulations including 22 Texas Administrative Code §177.2 regarding posting instructions on how to file complaints with the Board.
New §173.17, Audits, Inspections, and Investigations, mandates that PKT practices be subject to audits, inspections and investigations as outlined in Chapter 172 of the Medical Board rules related to pain management clinics.
Mr. Scott Freshour, General Counsel for the Texas Medical Board, has determined that, for each year of the first five years the proposed new rules are in effect, the public benefit anticipated as a result of enforcing these proposed new rules will be to enhance the safety of the public health and welfare through the establishment of minimum standards for the provision of psychotropic ketamine therapy.
Mr. Freshour has also determined that for the first five-year period these proposed new rules are in effect, there will be no fiscal impact or effect on government growth as a result of enforcing the proposed sections.
Mr. Freshour has also determined that for the first five-year period these proposed new sections are in effect there may be a minimal economic cost to individuals required to comply with these proposed sections. Those economic costs will vary and may include the following: 1) new education and training requirements for ketamine clinic providers and staff; 2) possible increased staffing to meet requirements for the evaluation of patients and administering and monitoring of patients receiving PKT; and 3) costs related to purchasing equipment required for monitoring patients receiving PKT treatment. The expenditures described above will be one-time expenditures and may not apply if an individual subject to these rules already meets the requirements.
Pursuant to Texas Government Code §2006.002, the agency provides the following economic impact statement for these proposed new sections and determined that for each year of the first five years these proposed new sections will be in effect there will be no effect on small businesses, micro businesses, or rural communities. The agency has considered alternative methods of achieving the purpose of these proposed new sections and found none.
Pursuant to Texas Government Code §2001.024(a)(4), Mr. Freshour certifies that this proposal has been reviewed, and the agency has determined that for each year of the first five years these proposed new sections are in effect:
(1) TMB is unable to determine how many clinics exist at this time; however, the initial registration function can likely be absorbed with existing resources. The subsequent enforcement, if any, is variable based on the number of complaints received. TMB also has inspection authority which will be conducted with existing resources in a manner similar to the existing office-based anesthesia inspections. There is no additional estimated cost to the state or to local governments expected as a result of enforcing or administering these proposed new sections; the jurisdiction is exclusive to the Texas Medical Board.
(2) there are no estimated reductions in costs to the state or to local governments as a result of enforcing or administering these proposed new sections;
(3) there is no estimated loss and no increase in revenue to the state or to local governments as a result of enforcing or administering these proposed new sections; and
(4) there are no foreseeable implications relating to cost or revenues of the state or local governments with regard to enforcing or administering these proposed new sections.
Pursuant to Texas Government Code §2001.024(a)(6) and §2001.022, the agency has determined that for each year of the first five years these proposed amendments will be in effect, there will be no effect on local economy and local employment.
Pursuant to Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for these proposed new sections. For each year of the first five years these proposed new sections will be in effect, Mr. Freshour has determined the following:
(1) the proposed rules do not create or eliminate a government program;
(2) implementation of the proposed rules does not require the creation of new employee positions or the elimination of existing employee positions;
(3) implementation of the proposed rules does not require an increase or decrease in future legislative appropriations to the agency;
(4) the proposed rules do not require an increase in fees paid to the agency;
(5) the proposed rules do create a new regulation;
(6) the proposed rules do not expand, limit, or repeal an existing regulation;
(7) the proposed rules do increase the number of individuals subject to the rule's applicability; and
(8) the proposed rules do not positively or adversely affect this state's economy.
Comments on the proposal may be submitted using this link: https://forms.cloud.microsoft/g/UjDqX3bLnn or e-mail comments to: rules.development@tmb.state.tx.us. A public hearing will be held at a later date.
The proposed new rule(s) are proposed pursuant to Texas Occupations Code Section 153.001.
No other statutes, articles or codes are affected by this proposal.
§173.6.
The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise.
(1) Administration of Ketamine--The administration of parenteral ketamine (intravenous (IV), subcutaneous, and intramuscular (IM)) is the practice of medicine under Section 157.002 of the Medical Practice Act and is subject to regulation by the Texas Medical Board, including required registration under this Chapter.
(2) Adverse Event--Any event that requires or results in:
(A) emergency transportation;
(B) a compromised airway;
(C) resuscitative efforts on the patient;
(D) psychotropic events;
(E) hospitalization; or
(F) death.
(3) Initial dose--For purposes of Parenteral Ketamine Therapy (PKT) means the starting dose for any PKT is not to exceed 0.5mg/kilogram of body weight over a 40-minute period. This dose can be titrated up based upon protocol and clinical judgment in conjunction and consistent with appropriate physician consultation.
(4) Medical Director--For purposes of this rule the term Medical Director means the physician who provides medical oversight at a PKT Practice.
(5) PKT Practice--For purposes of this rule, a PKT practice is any medical practice, clinic, or facility that administers PKT and is not regulated or licensed by another Texas agency or commission.
(6) Practitioner--Means an APRN or PA for the purpose of this subchapter.
(7) Psychotropic Ketamine Therapy (PKT)--The administration of parenteral ketamine by a physician, or by an advanced practice registered nurse (APRN), physician assistant (PA), or registered nurse (RN) through a properly established physician-patient relationship under delegatory authority for psychiatric indications such as, but not limited to, post-traumatic stress disorder (PTSD), treatment-resistant depression, severe anxiety, obsessive compulsive disorder (OCD), bipolar depression and suicidal ideation. The psychiatric indications may have been originally diagnosed by a physician or by an APRN, PA, or licensed mental health provider (PsyD, LPC, LPC-A, LCSW, LMSW, LMFT) under proper delegation and supervision. Any physician or practitioner establishing the doctor-patient relationship under delegatory authority for PKT administration is responsible for evaluating the diagnosis for psychiatric indications if not making the original diagnosis indicating PKT therapy. The dosages for the administration of PKT must always be intended at a level below moderate sedation.
§173.7.
(a) Subject to the exceptions under §173.8 of this subchapter (relating to Exemptions from Registration), all PKT Practices must be registered by the Medical Director with the Board.
(b) Registration requires completion of a board-approved application filed by the Medical Director of the clinic, including providing all required information and documentation.
(c) Applications are valid for 180 days from the date of submission. If the applicant fails to timely provide all required information and documentation, the application will be deemed withdrawn.
(d) If the application is approved, the registration is good for two years from the date of approval.
(e) All PKT Practices must meet all requirements set forth under this subchapter no more than 180 days after the date of adoption of this rule.
(f) Notwithstanding subsection (e) of this section, all PKT Practices must comply with the adverse reporting requirements set forth in §173.14 of this subchapter (relating to Emergency Response Requirements and Adverse Event Reporting).
§173.8.
The following are exempt from registration and the rules promulgated under this subchapter:
(1) a medical school or an outpatient clinic associated with a medical school;
(2) a hospital, including any outpatient facility or clinic of a hospital;
(3) a facility maintained or operated by this state;
(4) a medical clinic maintained or operated by the United States;
(5) a health organization certified by the board under Section 162.001 of the Medical Practice Act; or
(6) a hospice program licensed by the Texas Health and Human Services Commission to administer ketamine to patients enrolled in such hospice programs.
§173.9.
(a) Registration is effective for two years following the date of initial registration.
(b) At least 60 days prior to the expiration of the PKT registration, the Medical Director of the PKT Practice seeking renewal must submit:
(1) a board-approved application;
(2) an attestation stating that the PKT Practice complies with all applicable laws and board rules;
(3) the PKT Practice's adverse event log; and
(4) any other documentation required by the Board.
(c) Upon expiration of the current registration, the PKT Practice must cease PKT operations until the registration is renewed.
§173.10.
(a) To be eligible to act as a Medical Director, the physician must:
(1) hold a current, full, and unrestricted Texas medical license;
(2) have no prior disciplinary action or history regarding any medical license in any state, including Texas; and
(3) not have a pending investigation or a proceeding regarding their medical license in any state, including Texas.
(b) A Medical Director is subject to the following requirements and restrictions:
(1) The Medical Director must physically inspect and document the inspection of each location where PKT is administered:
(A) within seven days of becoming the Medical Director; and
(B) at least once every 90 days;
(2) The Medical Director's name, title, and license number must be:
(A) disclosed in writing to all patients;
(B) displayed in each public area and treatment room of the PKT Practice; and
(C) clearly identified on the PKT Practice's website and advertising;
(3) A PKT Practice may not administer PKT without a Medical Director designated in writing, with written confirmation of the designation by the Medical Director;
(4) The Medical Director need not be physically present at the PKT Practice except that the Medical Director must be:
(A) physically present in Texas while providers at the clinic are administering PKT; and
(B) immediately available for emergency consultation;
(5) The Medical Director must approve in writing all physicians, practitioners, and RNs administering PKT or monitoring PKT patients. The Medical Director may approve one or more additional physicians to be delegating and supervising physicians of practitioners and RNs at the PKT Practice;
(6) The Medical Director has concurrent responsibility for the delegation and supervision of all practitioners and RNs at the PKT practice even if those practitioners and RNs are administering PKT or monitoring PKT patients under the direction of an approved physician as described in paragraph (5) of this subsection;
(7) The Medical Director is prohibited from requiring any practitioner or RN to obtain a separate delegating and supervising physician; and
(8) The Medical Director may provide oversight at no more than three (3) medical practices, clinics, or facilities of any type.
(c) The Medical Director has overall responsibility and oversight for the care provided at the PKT Practice and must ensure:
(1) any physicians or practitioners ordering PKT must demonstrate current and on-going proficiency in the use of PKT for psychiatric conditions, including but not limited to the possible adverse effects of treatment;
(2) the physician or practitioner ordering PKT has a properly established physician-patient relationship under delegatory authority, and has properly documented and diagnosed psychiatric indications supporting PKT;
(3) patient evaluation, administration of PKT, and patient monitoring is delivered in accordance with evidence-based protocols to treat diagnosed psychiatric indications with parenteral ketamine administration at dosages below moderate sedation, based on current peer-reviewed literature;
(4) the physician or practitioner ordering PKT has reviewed the Prescription Monitoring Program (PMP):
(A) upon establishing a physician-patient relationship with a new patient; and
(B) on at least a quarterly basis for existing patients;
(5) the practitioner ordering PKT is acting under protocols or standing delegation orders maintained at the location where the PKT is being administered;
(6) that all physicians, practitioners, and RNs administering PKT or monitoring a patient during and after administration of PKT have demonstrated current and on-going proficiency in managing adverse events as defined in this Subchapter; and
(7) that all standards under this Subchapter are being met and complied with by all physicians, practitioners, and RNs providing patient care.
§173.11.
(a) A PKT Practice must have a Medical Director.
(b) A PKT Practice may have no more than one Medical Director at any time.
(c) The provision of PKT must comply with all applicable federal and state laws.
(d) The practitioner ordering PKT must have a properly established a physician-patient relationship under delegatory authority, and have properly evaluated, documented, and diagnosed psychiatric indication supporting PKT.
(e) PKT may only be administered by a physician or a practitioner or RN acting under appropriate delegation by a physician for psychiatric indication as identified in the definition of PKT. If an RN is administering PKT, a physician or practitioner must be physically present on site at all times.
(f) Prior to administration of PKT, the following must be completed and documented:
(1) informed consent from the patient, including:
(A) a discussion of known risks of PKT;
(B) the identity and licensure credentials of:
(i) the person administering PKT to the patient; and
(ii) the person delegating to and supervising the person in clause (i) of this subparagraph, if applicable; and
(2) a pregnancy test or written affirmation on the day of treatment from women of childbearing age that they are not pregnant; and
(3) a time out period must be utilized immediately prior to beginning administration of PKT.
(g) If the patient is simultaneously receiving ketamine treatment for any other medical condition, then protocols set forth by the Medical Director must require that the practitioner ordering or administering PKT:
(1) review the primary diagnosis and the standard of care that applies to that diagnosis;
(2) review the PMP before every treatment; and
(3) not exceed Initial Dose without consulting with the Medical Director or an approved physician.
(h) During PKT administration, continuous monitoring must include the following and be documented in the chart at minimum every 10 minutes:
(1) blood pressure;
(2) pulse;
(3) respiration;
(4) oxygen saturation;
(5) cardiovascular status by three-lead EKG; and
(6) appropriate responsiveness to verbal stimuli as documented by RASS or Aldrete Score.
(i) The following practitioner-patient ratios shall apply to administration of PKT:
(1) If a physician is on site:
(A) each practitioner may administer PKT to up to four patients at the same time; and
(B) an RN may administer PKT to up to two patients at a time; and
(2) If a physician is not on-site:
(A) a practitioner may administer PKT to up to three patients at the same time; and
(B) an RN may administer PKT to a single patient at a time.
(j) The administration of PKT is complete:
(1) upon completion of the IV drip; or
(2) 40 minutes after the completion of the IM or subcutaneous injection.
§173.12.
(a) Upon completing administration of PKT to a patient, the following recovery and monitoring requirements must be completed prior to discharge of the patient:
(1) A minimum 30-minute observation period;
(2) at least two blood pressure readings 10 minutes apart; and
(3) a full cognitive assessment (including an Aldrete score).
(b) The recovery, monitoring, and discharge assessment of patients shall have a maximum practitioner-patient ratio of one monitoring delegate to every four patients.
§173.13.
(a) The following items must be on-site at all times and readily available to manage adverse events:
(1) Supplemental oxygen;
(2) a bag-valve mask;
(3) an AED (or defibrillator); and
(4) a monitor with a quantitative end-tidal carbon dioxide analyzer.
(b) Medications must be maintained on-site for managing adverse events, including but not limited to:
(1) Airway management;
(2) Hemodynamic instability;
(3) Seizures; and
(4) Other possible psychotropic events.
§173.14.
(a) In cases requiring non-emergency consultation, a physician must be immediately available throughout administration of PKT:
(1) in-person at the location where PKT is being administered to the patient; or
(2) by two-way audiovisual technology.
(b) At all times when PKT is being administered, the PKT Practice must have a Medical Director or an approved physician who:
(1) has the reasonable ability to physically respond to the PKT clinic's location in an emergency situation in less time than the average emergency services response time for that location, as determined by the most recent data from the Texas Department of State Health Services; or
(2) has:
(A) clinical privileges at a local hospital with an emergency department that the patient would be transferred, or to a hospital with a local affiliation agreement, if local emergency services were called; and
(B) physical availability to go to a local hospital to manage the patient according to the local hospital's rules for credentialed physicians to timely see their admitted patients.
(c) Each PKT Practice must document each adverse event within 24 hours of the event, including outcomes, if known.
(d) Each PKT Practice must keep and maintain an adverse event reporting log containing all adverse events occurring at the PKT Practice for three (3) years.
(e) The adverse event reporting log must include the following information:
(1) the patient's name;
(2) the date of the adverse event;
(3) a list of personnel administering the PKT;
(4) a list of all physicians, practitioners, and RNs present at the location when the adverse event occurred;
(5) the type of adverse event; and
(6) the outcome, if known.
(f) The Medical Director must ensure the PKT Practice completes and submits to the Board, on a Board approved form, a written report within 24 hours of the following adverse events:
(1) emergency transportation; or
(2) death.
§173.15.
PKT may not be:
(1) administered outside of a registered clinic or an exempt setting set forth under §173.8 of this subchapter (relating to Exemptions from Registration); or
(2) prescribed for home use.
§173.16.
(a) The Medical Director is responsible for the clinic's operations and patient care;
(b) The Medical Director must ensure compliance with all applicable statutes and regulations including 22 TAC §177.2 (relating to Mandatory Complaint Notification) regarding posting instructions on how to file complaints with the Board.
§173.17.
PKT Practices are subject to audits, inspection, and investigations as outlined in 22 TAC §172.5 (relating to Audits, Inspections, and Investigations).
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 29, 2026.
TRD-202602679
Scott Freshour
General Counsel
Texas Medical Board
Earliest possible date of adoption: August 9, 2026
For further information, please call: (512) 305-7059
CHAPTER 183. PHYSICIAN ASSISTANTS
SUBCHAPTER
B.
The Texas Medical Board (Board) proposes amendments to Chapter 183, §183.16, concerning Biennial Continuing Medical Education (CME) Requirements concerning Physician Assistants.
These rules are mandated by the passage of HB47 and SB25 (89th Regular Legislative Session) which amended the Texas Occupations Code, Sections 204.1563. The proposed amendments require licensed physician assistants to complete specified continuing medical education on forensic evidence collection as well as nutrition and metabolic health.
The proposed amendments to §183.16 are as follows:
Amendment to §183.16(a) adds paragraph (2)(A) requiring physician assistants to complete two credit hours of continuing medical education (CME) in accordance with § 204.1563 of the Act and provides that the Board will recognize any course found acceptable to the Governor's Sexual Assault Survivors' Task Force to meet the requirement for continuing education in forensic evidence collection. The bill requires the Medical Board, on recommendations of the Physician Assistant Board, to adopt rules as necessary to implement the new provisions of the Texas Occupations Code.
Amendment to §183.16(a) adds paragraph (2)(B) requiring physician assistants to complete one credit hour of continuing medical education (CME), in accordance with § 204.1563 of the Act, in the topic of nutrition and metabolic health focused on the nutritional guidelines recommended by the Texas Nutrition Advisory Committee. The bill requires the Medical Board on recommendations of the Physician Assistant Board to adopt rules as necessary to implement the new provisions of the Texas Occupations Code.
Scott Freshour, General Counsel for the Texas Medical Board, has determined that, for each year of the first five years the proposed amendments are in effect, the public benefit anticipated as a result of enforcing these proposed sections will be to physician assistant's knowledge about: 1) providing trauma-informed care for sexual assault survivors, community referrals, prophylactic medications, rights of sexual assault survivors, forensic medical examinations and forensic evidence collection methods; and 2) health and nutrition standards that promote healthy living for patients in Texas.
Mr. Freshour has also determined that for the first five-year period these proposed amendments are in effect, there will be no fiscal impact or effect on government growth as a result of enforcing the proposed sections.
Mr. Freshour has also determined that for the first five-year period these proposed new sections are in effect there will be no probable economic cost to individuals required to comply with these proposed sections.
Pursuant to Texas Government Code §2006.002, the agency provides the following economic impact statement for these proposed amendments and determined that for each year of the first five years these proposed amendments will be in effect, there will be no effect on small businesses, micro businesses, or rural communities. The agency has considered alternative methods of achieving the purpose of these proposed amendments and found none.
Pursuant to Texas Government Code §2001.024(a)(4), Mr. Freshour certifies that this proposal has been reviewed, and the agency has determined that for each year of the first five years these proposed amendments are in effect:
(1) there is no additional estimated cost to the state or to local governments expected as a result of enforcing or administering these proposed amendments;
(2) there are no estimated reductions in costs to the state or to local governments as a result of enforcing or administering these proposed amendments;
(3) there is no estimated loss but there may be an increase in revenue to the state or to local governments as a result of enforcing or administering these proposed amendments; and
(4) there are no foreseeable implications relating to cost or revenues of the state or local governments with regard to enforcing or administering these proposed amendments.
Pursuant to Texas Government Code §2001.024(a)(6) and §2001.022, the agency has determined that for each year of the first five years these proposed amendments will be in effect, there will be no effect on local economy and local employment.
Pursuant to Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed amendments. For each year of the first five years the proposed amendments will be in effect, Mr. Freshour has determined the following:
(1) the proposed rules do not create or eliminate a government program;
(2) implementation of the proposed rules does not require the creation of new employee positions or the elimination of existing employee positions;
(3) implementation of the proposed rules does not require an increase or decrease in future legislative appropriations to the agency;
(4) the proposed rules do not require an increase in fees paid to the agency;
(5) the proposed rules do create a new regulation;
(6) the proposed rules do not expand, limit, or repeal an existing regulation;
(7) the proposed rules do not increase the number of individuals subject to the rule's applicability; and
(8) the proposed rules do not positively affect this state's economy.
Comments on the proposals may be submitted using this link: https://forms.cloud.microsoft/g/guVtCfFykf or e-mail comments to: rules.development@tmb.state.tx.us. A public hearing will be held at a later date.
The proposed amendment to the rules is proposed pursuant to the passage of HB47 and SB25 (89th Regular Legislative Session) which added new Texas Occupations Code Section 204.1563. This Section requires the Board to adopt rules to implement such sections. Specifically, Texas Occupations Code, Section 204.101, provides authority for the Board to adopt rules necessary to administer and enforce the Physician Assistant Licensing Act, adopt rules necessary to perform its duties and regulate the practice of medicine in this state and Texas Occupations Code, Section 204.1563, provide authority for the Board to recommend and adopt rules to implement these sections.
No other statutes, articles or codes are affected by this proposal.
§183.16.
(a) As part of registration renewal, a license holder must complete 40 hours of continuing medical education (CME) during the biennial renewal period.
(1) At least 20 hours must be from formal courses:
(A) designated for Category I credit by a CME sponsor approved by the American Academy of Physician Assistants; or
(B) approved by the board for course credit, including a human trafficking prevention course approved by the Executive Commissioner of the Texas Health and Human Services Commission.
(2) Informal or Formal CME credits must include:
(A) two credits in accordance with §204.1563 of the Act. The Board will recognize any course found acceptable to the Governor's Sexual Assault Survivors' Task Force to meet the requirement for continuing education in forensic evidence collection.
(B) one credit in accordance with §204.1563 of the Act in the topic of nutrition and metabolic health focused on the nutritional guidelines recommended by the Texas Nutrition Advisory Committee.
(3) [(2)] The remaining hours may be designated for Category II credit, composed of informal self-study, attendance at hospital lectures, grand rounds, case conferences, or by providing volunteer medical services at a site serving a medically underserved population.
(b) Formal CME credit is allowed at the rate of 1 credit for each hour of time acting on behalf of the physician assistant board for evaluation of a physician assistant's competency or practice monitoring, up to a maximum of 6 hours per year, as part of the required formal hours.
(c) Military service members are subject to the same CME requirements but are allowed extensions in accordance with §55.003 of the Texas Occupations Code, if applicable.
(d) Carry forward of CME credit is allowed as follows:
(1) A maximum of 80 total excess credit hours may be carried forward and shall be reported according to whether the hours are Category I and/or Category II.
(2) Excess CME credit hours may not be carried forward or applied to a report of CME more than two years beyond the date of the biennial registration following the period during which the hours were earned. No hours may be carried forward past a single renewal period.
(e) Exemptions for CME requirements.
(1) Requests must be made in writing at least 30 days prior to expiration of the biennial renewal period for the following reasons:
(A) catastrophic illness;
(B) military service of longer than one year's duration outside the United States;
(C) licensee's residence of longer than one year's duration outside the United States; or
(D) other good cause.
(2) Exemptions are subject to the approval of the Executive Director of the board and may not exceed two years.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 29, 2026.
TRD-202602678
Scott Freshour
General Counsel
Texas Medical Board
Earliest possible date of adoption: August 9, 2026
For further information, please call: (512) 305-7059
PART 10. TEXAS FUNERAL SERVICE COMMISSION
CHAPTER 206. ANATOMICAL FACILITIES, NON-TRANSPLANT ANATOMICAL DONATION ORGANIZATIONS, AND WILLED BODY PROGRAMS
22 TAC §206.1The Texas Funeral Service Commission (Commission or TFSC) proposes the repeal to §206.1, Jurisdiction of Board, Title 22, Texas Administrative Code (TAC), Chapter 206, regarding Anatomical Facilities, Non-Transplant Anatomical Donation Organizations, and Willed Body Programs. The purpose of the proposed repeal is to eliminate the outdated rule and replace it simultaneously with a new more germane rule.
Tex. Gov't Code §2001.0045(b) does not apply to the rule proposed for action because it was determined that no costs are associated with this action, and therefore no costs warrant being offset.
The Commission has analyzed this proposed rulemaking and the analysis is described below for each category of analysis performed.
GOVERNMENT GROWTH IMPACT STATEMENT REQUIRED BY TEX. GOV'T CODE §2001.0221. Ms. Maria Haynes, TFSC Executive Director, has determined that, for the first five years the repeal would be in effect:
1. The repeal does not create or eliminate a government program. The proposed repeal implements an existing program transferred to the Commission by Senate Bill 2040 (88th Leg., R.S.).
2. The repeal does not require a change in work that would require the creation of new employee positions, nor are the rule changes significant enough to reduce work load to a degree that eliminates any existing employee positions.
3. The repeal does not require additional future legislative appropriations.
4. The repeal will not result in an increase in fees paid to the Commission, nor in a decrease in fees paid to the Commission
5. The repeal is not creating a new regulation, except that it is being replaced by a new rule simultaneously to provide for revisions.
6. The repeal will not expand, limit, or repeal an existing regulation.
7. The repeal will not increase or decrease the number of individuals subject to the rule's applicability.
8. The repeal will not negatively or positively affect the state's economy.
FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES. Ms. Haynes has determined there will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed repeal. Because the agency has determined that the proposed repeal will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code Section 2006.002, is not required.
TAKINGS IMPACT ASSESSMENT REQUIRED BY TEX. GOV'T CODE §2007.043. The repeal does not contemplate or authorize a taking by the Commission; therefore, no Takings Impact Assessment is required.
LOCAL EMPLOYMENT IMPACT STATEMENTS REQUIRED BY TEX. GOV'T CODE §2001.024(a)(6). The Commission has evaluated the repeal as to its possible effects on local economies and has determined that for the first five years the repeal would be in effect there would be no economic effect on local employment; therefore, no local employment impact statement is required to be prepared for the rule.
PUBLIC BENEFIT/COST NOTE REQUIRED BY TEX. GOV'T CODE §2001.024(a)(5). Ms. Haynes has determined that for each year of the first five-year period the proposed repeal is in effect, the public benefit will be clearer and more current rules that define the scope of the chapter and the terms used throughout it, implementing Senate Bill 2040 and improving the regulated community's and the public's understanding of the rules. There will not be economic costs to individuals required to comply with the repealed section.
FISCAL NOTE REQUIRED BY TEX. GOV'T CODE §2001.024(a)(4). Ms. Haynes also has determined that for each year of the first five years the repeal is in effect, enforcing or administering the repeal does not have any foreseeable implications related to costs or revenues of the state or local governments.
ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT. The proposed repeal does not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Texas Government Code §2001.0045.
PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED REPEAL. The Texas Funeral Service Commission is requesting public comments on the proposed repeal and information related to the cost, benefit, or effect of the proposed repeal, including any applicable data, research, or analysis. Any information that is submitted in response to this request must include an explanation of how and why the submitted information is specific to the proposed repeal. Please do not submit copyrighted, confidential, or proprietary information.
Comments on the proposed repeal and responses to the request for information may be submitted by email to legal@tfsc.texas.gov; or by mail to Maria Haynes, Executive Director, Texas Funeral Service Commission, 1801 Congress Avenue, Suite 11.800, Austin, Texas 78701. The deadline for comments is 30 days after publication in the Texas Register.
STATUTORY AUTHORITY. The proposed repeal is proposed under Texas Health and Safety Code, Chapter 691, including §691.001, which defines the terms used in the chapter, and §691.022(c), which requires the Commission to adopt rules, establish procedures, and prescribe forms necessary to administer and enforce the chapter. The proposed repeal is also proposed under Chapter 692A, Health and Safety Code, and under Chapter 651, Occupations Code, including §651.005, which directs the Commission to regulate willed body programs, non-transplant anatomical donation organizations, and anatomical facilities as provided by Chapter 691.
The statutory provisions affected by the proposed repeal are those set forth in Texas Health and Safety Code, Chapter 691, and Chapter 692A; and Texas Occupations Code, Chapter 651.
The legislation that enacted the statutory authority under which the proposed repeal is proposed to be adopted is Senate Bill 2040, 88th Legislature, Regular Session (2023).
§206.1.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 26, 2026.
TRD-202602613
Maria Haynes
Interim Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: August 9, 2026
For further information, please call: (512) 936-2488
22 TAC §206.1
The Texas Funeral Service Commission (Commission or TFSC) proposes new §206.1, Scope and Definitions, Title 22, Texas Administrative Code (TAC), Chapter 206, regarding Anatomical Facilities, Non-Transplant Anatomical Donation Organizations, and Willed Body Programs. This proposed change is referred to as the "proposed rule."
EXPLANATION OF AND JUSTIFICATION FOR THE RULES. The rules under 22 TAC Chapter 206 implement Texas Health and Safety Code, Chapter 691, Donation of Bodies and Anatomical Specimens, and related provisions of Chapter 692A, Health and Safety Code, and Chapter 651, Occupations Code.
The proposed rule updates Chapter 206 to conform the Commission's anatomical-donation rules to the statutory framework enacted by Senate Bill 2040, 88th Legislature, Regular Session (2023), which transferred regulation of willed body programs, non-transplant anatomical donation organizations, and anatomical facilities to the Commission and redesignated and amended Chapter 691, Health and Safety Code. The proposed rule rewrites the section to state the purpose and scope of the chapter and to consolidate the definitions used throughout the Commission's rules implementing Texas Health and Safety Code, Chapters 691 and 692A. The proposed rule identifies the material and persons regulated under the chapter, clarifies that microscopic and laboratory material governed by other law is not regulated as a body or gross anatomical specimen, and defines the terms used throughout the chapter, aligning them with Health and Safety Code §691.001. The proposed rule is necessary to implement Senate Bill 2040, provide a clear and current statement of the chapter's scope, and give the regulated community and the public consistent, plain-language definitions.
The proposed rules were presented to and discussed by the State Anatomical Advisory Committee at its meetings on May 13, 20, and 27, June 3 and 10, 2026. The Advisory Committee voted and recommended that the proposed rules be published in the Texas Register for public comment.
SECTION-BY-SECTION SUMMARY. The proposed rule replaces the prior §206.1, which is repealed in a simultaneous rulemaking.
The new rule identifies the regulated material and the application of the chapter, including its application to a body whose recorded method of final disposition is "Donation" and to anatomical specimens used for purposes other than transplantation; clarifies that microscopic and laboratory material governed by other law is not regulated as a body or gross anatomical specimen; and defines the terms used throughout the chapter, consistent with Health and Safety Code §691.001.
FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT. Ms. Maria Haynes, Texas Funeral Service Commission Executive Director, has determined that for each year of the first five years the proposed rule is in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed rule.
Ms. Haynes has determined that for each year of the first five years the proposed rule is in effect, there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed rule.
LOCAL EMPLOYMENT IMPACT STATEMENT. Because Ms. Haynes has determined that the proposed rule will not affect a local economy, the agency is not required to prepare a local employment impact statement under Texas Government Code §2001.022.
PUBLIC BENEFITS. Ms. Haynes has determined that for each year of the first five-year period the proposed rule is in effect, the public benefit will be clearer and more current rules that define the scope of the chapter and the terms used throughout it, implementing Senate Bill 2040 and improving the regulated community's and the public's understanding of the rules.
PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL. Ms. Haynes has determined that for each year of the first five-year period the proposed rule is in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rule.
FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES. Ms. Haynes has determined there will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed rule. Because the agency has determined that the proposed rule will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code Section 2006.002, is not required.
ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT. The proposed rule does not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Texas Government Code §2001.0045.
GOVERNMENT GROWTH IMPACT STATEMENT. Pursuant to Texas Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed rule. For each year of the first five years the proposed rule will be in effect, the agency has determined the following:
1. The proposed rule does not create or eliminate a government program. The proposed rule implements an existing program transferred to the Commission by Senate Bill 2040.
2. Implementation of the proposed rule does not require the creation of new employee positions or the elimination of existing employee positions.
3. Implementation of the proposed rule does not require an increase or decrease in future legislative appropriations to the agency.
4. The proposed rule does not require an increase or decrease in fees paid to the agency.
5. The proposed rule does not create a new regulation.
6. The proposed rule expands, limits, or repeals an existing regulation. The proposed rule expands and clarifies existing Chapter 206 requirements and updates them to conform to current statutory structure.
7. The proposed rule does not increase or decrease the number of individuals subject to the rule's applicability.
8. The proposed rule does not adversely affect this state's economy.
TAKINGS IMPACT ASSESSMENT. The Texas Funeral Service Commission has determined that no private real property interests are affected by the proposed rule and the proposed rule does not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rule does not constitute a taking or require a takings impact assessment under Texas Government Code §2007.043.
PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED RULES. The Texas Funeral Service Commission is requesting 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. Any information that is submitted in response to this request must include an explanation of how and why the submitted information is specific to the proposed rule. Please do not submit copyrighted, confidential, or proprietary information.
Comments on the proposed rule and responses to the request for information may be submitted by email to legal@tfsc.texas.gov; or by mail to Maria Haynes, Executive Director, Texas Funeral Service Commission, 1801 Congress Avenue, Suite 11.800, Austin, Texas 78701. The deadline for comments is 30 days after publication in the Texas Register.
STATUTORY AUTHORITY. The new rule is proposed under Texas Health and Safety Code, Chapter 691, including §691.001, which defines the terms used in the chapter, and §691.022(c), which requires the Commission to adopt rules, establish procedures, and prescribe forms necessary to administer and enforce the chapter. The proposed rule is also proposed under Chapter 692A, Health and Safety Code, and under Chapter 651, Occupations Code, including §651.005, which directs the Commission to regulate willed body programs, non-transplant anatomical donation organizations, and anatomical facilities as provided by Chapter 691.
The statutory provisions affected by the proposed rule are those set forth in Texas Health and Safety Code, Chapter 691, and Chapter 692A; and Texas Occupations Code, Chapter 651.
The legislation that enacted the statutory authority under which the proposed rule is proposed to be adopted is Senate Bill 2040, 88th Legislature, Regular Session (2023).
The legislation that enacted the statutory authority under which the new rule is new to be adopted is Senate Bill 2040, 88th Legislature, Regular Session (2023).
§206.1.
(a) Purpose. This section establishes the scope of the material regulated under this chapter and defines terms used throughout the Commission's rules implementing Health and Safety Code Chapters 691 and 692A.
(b) Regulated material; application.
(1) This chapter applies to a body, and to each anatomical specimen derived from a body, when:
(A) the method of final disposition recorded on the certificate of death is "Donation" (see 25 TAC §181.14 (relating to Death and Fetal Death Certificate Form and Content) and the certificate of death prescribed by the Department of State Health Services);
(B) a non-transplant anatomical donation organization is the donee for the purpose of education or research under Chapters 691 or 692A, Health and Safety Code; or
(C) the body is otherwise lawfully donated to, delivered to or distributed by the Commission under Chapters 691 or 692A, Health and Safety Code, including a body delivered under §691.023 (duty to deliver certain bodies) or §691.026 (body of a traveler).
(2) This chapter does not apply to a body whose method of final disposition is burial, cremation, entombment, mausoleum, removal from state, or donation of organs or tissue for transplant.
(3) Microscopic and laboratory material derived from a body or specimen--including blood and blood components, fluids drawn for laboratory analysis, histologic, microscopic or brain specimens such as slides or paraffin blocks, cell or tissue cultures, and extracted nucleic acids--that is not regulated as a body or anatomical specimen under this chapter, to the extent it is governed by other law.
(4) Commercially acquired skeletal material for teaching purposes are not subject to this chapter.
(c) Definitions. The following words and terms have the following meanings when used in this chapter, unless the context clearly indicates otherwise. A term not defined here has the meaning given in Health and Safety Code §691.001.
(1) "AATB" means the American Association of Tissue Banks, or a successor entity.
(2) "Administrator in Charge" or "AIC" means an individual or an administrative body of an authorized entity headed by an individual who has the authority to represent the entity and who is responsible for the operation of the entity according to federal, state and local laws, and the policies and procedures of the entity's governing body. The Administrator in Charge will be the primary point of contact with the commission on behalf of the authorized entity or applicant.
(3) "Advancement of medical or forensic science" - means the use of a whole body or anatomical specimen donation for the advancement of medical, allied health, dental, or forensic science education, research, or training, including dissection, operation, examination and experimentation, by authorized entities for non-transplant purposes allowed under Health and Safety Code Chapter 691. Pursuant to Health and Safety Code, §691.001(6), willed body programs may only use donor whole bodies or anatomical specimens for educational or research purposes.
(4) "Agent" has meaning assigned in Health and Safety Code §692A.002(2).
(5) "Anatomical Specimen" has the meaning assigned in Health and Safety Code §691.001(3)). The term does not include the microscopic or laboratory material described in subsection (b)(3) of this section or material intended for transplant in a living human recipient.
(6) "Approved Setting" means a registered willed body program, registered non-transplant anatomical donation organization, registered anatomical facility, or other setting approved by the Commission under §691.034, with appropriate biosafety and access controls. A venue offering general admission to the public is not an approved setting.
(7) "Authorized Person" means a person authorized to receive or use a body or gross anatomical specimen under §691.033(a) and designated or registered by the Commission, as further provided in §206.2 of this title (relating to Authorized Activities). The term includes both an authorized entity and an authorized individual.
(8) "Bioskills Trainer" means a medical device manufacturer's approved bioskills trainer.
(9) "Body" has the meaning assigned in Health and Safety Code §691.001(2).
(10) "Designated Responsible Individual" means the individual or individuals designated by and accountable for an entity's compliance with this chapter with respect to each body or anatomical specimen. For non-traditional approved anatomical facilities, a Designated Responsible Individual must be on-site for the duration of the activity with the body or anatomical specimen.
(11) "Donor" has the meaning assigned in Health and Safety Code Section 692A.002(9).
(12) "Forensic science program" has the meaning assigned in Health and Safety Code Section 692A.011(a)(5).
(13) "Governing body" means the governing authority of an authorized entity that is responsible for the entity's organization, management, control, and operation, including appointment of staff; includes the owner or partners for authorized entities that are owned or operated by an individual or partners.
(14) "Medical waste" has the meaning defined in 30 TAC §326.3(23) (relating to Definitions). However, if a facility hosts a lab, course, training or other event in which a decedent whole body or anatomical specimen will be used for purposes authorized under Health and Safety Code Chapter 691, then the facility is considered a "health care-related facility" for the purpose of this chapter and Health and Safety Code, chapter 691 for the length of time in which the decedent whole body or anatomical specimen is physically located at the facility.
(15) "Non-traditional Anatomical Facility" means an inspected anatomical facility in a setting other than a purpose-built permanent anatomical facility.
(16) "Person" has the meaning assigned in Health and Safety Code Section 692A.002(22).
(17) "Public Display" means the display, dissection, or exhibition of a body or gross anatomical specimen before an audience admitted from the general public, whether or not a fee is charged, other than as part of a bona fide educational activity meeting the conditions of §206.7 of this title (relating to Educational Use of Anatomical Material; Prohibition of Public Display).
(18) "Qualified Instructor" means a licensed physician, or dentist, a person holding an earned doctoral, master's or professional degree in anatomy or a related health science, a licensed or certified anatomist, or a state licensed educator or state licensed embalmer delivering instruction or medical, doctoral or master's student within an accredited educational program.
(19) "Responsible Individual" means the natural person designated by an authorized entity as accountable for the entity's compliance with this chapter with respect to a body or gross anatomical specimen.
(20) "Search and rescue organization" includes a search and rescue organization or recovery team as defined in Health and Safety Code Section 692A.011(a)(6).
(21) "Violation" is the failure to comply with the Health and Safety Code Chapter 691, Commission rules, or an order issued by the Commission or its executive director or an agency staff member designated by the Commission's executive director that is adopted pursuant to Health and Safety Code Chapter 691 or as applicable, Occupations Code Chapter 651. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.
(22) "Written contract" means an informed donor consent or anatomical will form for donation of a willed body or anatomical specimen for educational or research purposes.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 26, 2026.
TRD-202602614
Maria Haynes
Interim Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: August 9, 2026
For further information, please call: (512) 936-2488
22 TAC §206.2
The Texas Funeral Service Commission (Commission or TFSC) proposes repeal of §206.2, Institutional Requirements, Title 22, Texas Administrative Code (TAC), Chapter 206, regarding Anatomical Facilities, Non-Transplant Anatomical Donation Organizations, and Willed Body Programs. The purpose of the proposed repeal is to eliminate the outdated rule and replace it simultaneously with a new more germane rule.
Tex. Gov't Code §2001.0045(b) does not apply to the rule proposed for action because it was determined that no costs are associated with this action, and therefore no costs warrant being offset.
The Commission has analyzed this proposed rulemaking and the analysis is described below for each category of analysis performed.
GOVERNMENT GROWTH IMPACT STATEMENT REQUIRED BY TEX. GOV'T CODE §2001.0221. Ms. Maria Haynes, TFSC Executive Director, has determined that, for the first five years the repeal would be in effect:
1. The repeal does not create or eliminate a government program. The proposed repeal implements an existing program transferred to the Commission by Senate Bill 2040 (88th Leg., R.S.).
2. The repeal does not require a change in work that would require the creation of new employee positions, nor are the rule changes significant enough to reduce work load to a degree that eliminates any existing employee positions.
3. The repeal does not require additional future legislative appropriations.
4. The repeal will not result in an increase in fees paid to the Commission, nor in a decrease in fees paid to the Commission
5. The repeal is not creating a new regulation, except that it is being replaced by a new rule simultaneously to provide for revisions.
6. The repeal will not expand, limit, or repeal an existing regulation.
7. The repeal will not increase or decrease the number of individuals subject to the rule's applicability.
8. The repeal will not negatively or positively affect the state's economy.
FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES. Ms. Haynes has determined there will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed repeal. Because the agency has determined that the proposed repeal will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code Section 2006.002, is not required.
TAKINGS IMPACT ASSESSMENT REQUIRED BY TEX. GOV'T CODE §2007.043. The repeal does not contemplate or authorize a taking by the Commission; therefore, no Takings Impact Assessment is required.
LOCAL EMPLOYMENT IMPACT STATEMENTS REQUIRED BY TEX. GOV'T CODE §2001.024(a)(6). The Commission has evaluated the repeal as to its possible effects on local economies and has determined that for the first five years the repeal would be in effect there would be no economic effect on local employment; therefore, no local employment impact statement is required to be prepared for the rule.
PUBLIC BENEFIT/COST NOTE REQUIRED BY TEX. GOV'T CODE §2001.024(a)(5). Ms. Haynes has determined that for each year of the first five-year period the proposed repeal is in effect, the public benefit will be clearer and more current rules that define the scope of the chapter and the terms used throughout it, implementing Senate Bill 2040 and improving the regulated community's and the public's understanding of the rules. There will not be economic costs to individuals required to comply with the repealed section.
FISCAL NOTE REQUIRED BY TEX. GOV'T CODE §2001.024(a)(4). Ms. Haynes also has determined that for each year of the first five years the repeal is in effect, enforcing or administering the repeal does not have any foreseeable implications related to costs or revenues of the state or local governments.
ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT. The proposed repeal does not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Texas Government Code §2001.0045.
PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED REPEAL. The Texas Funeral Service Commission is requesting public comments on the proposed repeal and information related to the cost, benefit, or effect of the proposed repeal, including any applicable data, research, or analysis. Any information that is submitted in response to this request must include an explanation of how and why the submitted information is specific to the proposed repeal. Please do not submit copyrighted, confidential, or proprietary information.
Comments on the proposed repeal and responses to the request for information may be submitted by email to legal@tfsc.texas.gov; or by mail to Maria Haynes, Executive Director, Texas Funeral Service Commission, 1801 Congress Avenue, Suite 11.800, Austin, Texas 78701. The deadline for comments is 30 days after publication in the Texas Register.
STATUTORY AUTHORITY. The proposed repeal is proposed under Texas Health and Safety Code, Chapter 691, including §691.001, which defines the terms used in the chapter, and §691.022(c), which requires the Commission to adopt rules, establish procedures, and prescribe forms necessary to administer and enforce the chapter. The proposed repeal is also proposed under Chapter 692A, Health and Safety Code, and under Chapter 651, Occupations Code, including §651.005, which directs the Commission to regulate willed body programs, non-transplant anatomical donation organizations, and anatomical facilities as provided by Chapter 691.
The statutory provisions affected by the proposed repeal are those set forth in Texas Health and Safety Code, Chapter 691, and Chapter 692A; and Texas Occupations Code, Chapter 651.
The legislation that enacted the statutory authority under which the proposed repeal is proposed to be adopted is Senate Bill 2040, 88th Legislature, Regular Session (2023).
§206.2.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 26, 2026.
TRD-202602615
Maria Haynes
Interim Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: August 9, 2026
For further information, please call: (512) 936-2488
22 TAC §206.2
The Texas Funeral Service Commission (Commission or TFSC) proposes new §206.2, Authorized Activities, Title 22, Texas Administrative Code (TAC), Chapter 206, regarding Anatomical Facilities, Non-Transplant Anatomical Donation Organizations, and Willed Body Programs. This proposed change is referred to as the "proposed rule."
EXPLANATION OF AND JUSTIFICATION FOR THE RULE. The rules under 22 TAC Chapter 206 implement Texas Health and Safety Code, Chapter 691, Donation of Bodies and Anatomical Specimens, and related provisions of Chapter 692A, Health and Safety Code, and Chapter 651, Occupations Code.
The proposed rule updates Chapter 206 to conform the Commission's anatomical-donation rules to the statutory framework enacted by Senate Bill 2040, 88th Legislature, Regular Session (2023), which transferred regulation of willed body programs, non-transplant anatomical donation organizations, and anatomical facilities to the Commission and redesignated and amended Chapter 691, Health and Safety Code. The proposed rule satisfies the Commission's mandatory duty under §691.033(d), Health and Safety Code, to clearly state the activities authorized in relation to the use or dissection of a body or anatomical specimen, to aid prosecutions under §42.08, Penal Code. The proposed rule is necessary to satisfy the Commission's mandatory duty under §691.033(d), Health and Safety Code; provide predictable protection for legitimate professional, educational, research, and forensic practice; and give prosecutors and the public clear notice of the activities authorized and performed with legal authority under Chapter 691.
The proposed rule was presented to and discussed by the State Anatomical Advisory Committee at its meetings on May 13, 20, and 27 and June 3 and 10, 2026. The Advisory Committee voted and recommended that the proposed rule be published in the Texas Register for public comment.
SECTION-BY-SECTION SUMMARY. The proposed rule replaces the prior §206.2, which is repealed in a simultaneous rulemaking.
The proposed rule states the authority and purpose of the section; identifies the persons who may be designated as authorized persons under §691.033(a) and establishes a process for the Commission, with review by the State Anatomical Advisory Committee, to designate additional authorized persons; lists, by category, the activities authorized when performed by an authorized person within the scope of donor consent documented under §691.028; provides a procedure for activities outside the listed scope; states a safe-harbor provision describing conduct performed with legal authority for purposes of §42.08, Penal Code, consistent with §691.033(c); identifies activities that are not authorized; addresses the section's relationship to §42.08, Penal Code; and requires periodic review of the section at least once every three years.
FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT. Ms. Maria Haynes, Texas Funeral Service Commission Executive Director, has determined that for each year of the first five years the proposed rule is in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed rule.
Ms. Haynes has determined that for each year of the first five years the proposed rule is in effect, there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed rule.
LOCAL EMPLOYMENT IMPACT STATEMENT. Ms. Haynes has determined that the proposed rule will not affect a local economy, the agency is not required to prepare a local employment impact statement under Texas Government Code §2001.022.
PUBLIC BENEFITS. Ms. Haynes has determined that for each year of the first five-year period the proposed rule is in effect, the public benefit will be clear notice to the regulated community, prosecutors, and the public of the activities authorized under Chapter 691 in relation to the use or dissection of a body, as required by §691.033(d), Health and Safety Code, and predictable protection for legitimate medical, surgical, educational, research, and forensic practice.
PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL. Ms. Haynes has determined that for each year of the first five-year period the proposed rule is in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rule.
FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES. Ms. Haynes has determined there will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed rule. Because the agency has determined that the proposed rule will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code Section 2006.002, is not required.
ONE-FOR-ONE REQUIREMENT FOR THE RULE WITH A FISCAL IMPACT. The proposed rule does not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Texas Government Code §2001.0045.
GOVERNMENT GROWTH IMPACT STATEMENT. Pursuant to Texas Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed rule. For each year of the first five years the proposed rule will be in effect, the agency has determined the following:
1. The proposed rule does not create or eliminate a government program. The proposed rule implements an existing program transferred to the Commission by Senate Bill 2040.
2. Implementation of the proposed rule does not require the creation of new employee positions or the elimination of existing employee positions.
3. Implementation of the proposed rule does not require an increase or decrease in future legislative appropriations to the agency.
4. The proposed rule does not require an increase or decrease in fees paid to the agency.
5. The proposed rule does not create a new regulation.
6. The proposed rule expands, limits, or repeals an existing regulation. The proposed rule expands and clarifies existing Chapter 206 requirements and updates them to conform to current statutory structure.
7. The proposed rule does not increase or decrease the number of individuals subject to the rule's applicability.
8. The proposed rule does not adversely affect this state's economy.
TAKINGS IMPACT ASSESSMENT. The Texas Funeral Service Commission has determined that no private real property interests are affected by the proposed rule and the proposed rule does not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rule does not constitute a taking or require a takings impact assessment under Texas Government Code §2007.043.
PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED RULE. The Texas Funeral Service Commission is requesting 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. Any information that is submitted in response to this request must include an explanation of how and why the submitted information is specific to the proposed rule. Please do not submit copyrighted, confidential, or proprietary information.
Comments on the proposed rule and responses to the request for information may be submitted by email to legal@tfsc.texas.gov; or by mail to Maria Haynes, Executive Director, Texas Funeral Service Commission, 1801 Congress Avenue, Suite 11.800, Austin, Texas 78701. The deadline for comments is 30 days after publication in the Texas Register.
STATUTORY AUTHORITY. The proposed rule is proposed under Texas Health and Safety Code, Chapter 691, including §691.022(c), which requires the Commission to adopt rules and establish procedures necessary to administer and enforce the chapter; §691.033, including §691.033(a), which authorizes the use, dissection, operation on, examination, and experimentation on a body or anatomical specimen to further medical or forensic science, and §691.033(d), which requires the Commission to adopt rules that clearly state the activities authorized in relation to the use or dissection of a body to aid prosecutions under §42.08, Penal Code; and §691.034, which provides for registration, inspection, and authorization of persons using bodies and anatomical specimens. The proposed rule is also proposed under Chapter 651, Occupations Code, including §651.005.
The statutory provisions affected by the proposed rule are those set forth in Texas Health and Safety Code, Chapter 691; Texas Occupations Code, Chapter 651; and Texas Penal Code §42.08.
The legislation that enacted the statutory authority under which the proposed rule is proposed to be adopted is Senate Bill 2040, 88th Legislature, Regular Session (2023).
§206.2.
(a) Authority and purpose.
(1) This section is adopted under Texas Health and Safety Code §§691.022(c), 691.033(a) and (d), and 691.034, Health and Safety Code.
(2) This section satisfies the Commission's mandatory duty under §691.033(d) to clearly state the activities authorized in relation to the use or dissection of a body or anatomical specimen under the jurisdiction of the Commission, provides predictable protection for legitimate professional practice, and defines the procedural standards governing the Commission's administrative enforcement. To the extent of any conflict, this section supersedes the abuse-of-corpse provisions of §206.15 of this title (relating to Abuse of a Corpse).
(b) Authorized persons; designation.
(1) Subject to registration, inspection, and / or licensure by the Commission, as applicable, and to donor consent under §691.028, Health and Safety Code, the following are authorized persons who may receive or use a body or anatomical specimen derived from a whole body under §691.033(a), Health and Safety Code:
(A) a willed body program;
(B) a non-transplant anatomical donation organization; and
(C) an anatomical facility inspected and approved under §691.034, Health and Safety Code, only for the purposes of using a body or anatomical specimen, including;
(i) an institution of higher education, and a program within it, in medicine, osteopathic medicine, dentistry, nursing, physician assistant studies, physical therapy, athletic training, emergency medical services or paramedicine, mortuary science, biology, anatomy, biomedical engineering, forensic science, or other health science;
(ii) a licensed physician, dentist, or other licensed health professional conducting education, training, or research consistent with §691.033(a);
(iii) a forensic science program, forensic biology, forensic chemistry, forensic anthropology or taphonomy facility at an institution of higher education or a governmental forensic agency;
(iv) a search-and-rescue organization recognized by the Commission for human-remains-detection canine training;
(v) a United States military or other federal medical, dental, surgical, forensic, or health-science education, training, or research program operating in this state, to the extent it receives or uses a body or anatomical specimen derived from a whole body under Chapter 691, Health and Safety Code;
(vi) a medical device, biotechnology, or pharmaceutical entity conducting education, training, research, or development, when receiving bodies or anatomical specimens from a registered willed body program, non-transplant anatomical donation organization, or anatomical facility;
(vii) a continuing professional education or surgical-training provider conducting activities in an approved setting when receiving bodies or anatomical specimens from a registered willed body program, non-transplant anatomical donation organization, or anatomical facility;
(viii) an eye bank or tissue bank, in coordination with the Commission, only for the purposes of using a body or anatomical specimen. This chapter does not apply to these banks when receiving donations under Chapter 692A, Health and Safety Code, other than whole bodies;
(ix) a governmental medical examiner, law enforcement, first responder agency or forensic agency for education, training, or research, in coordination with the Commission; and
(x) any other person designated by the Commission under paragraph (5).
(2) Authorized Person. The Commission may designate a natural person as an authorized individual under this subsection in the person's own right, as distinct from an entity.
(3) Designated Responsible Individual. Each authorized entity shall designate a responsible individual or individuals accountable for the entity's compliance with this chapter with respect to each body or anatomical specimen. For non-traditional approved anatomical facilities, a Designated Responsible Individual must be on-site for the duration of the activity with the body or anatomical specimen.
(4) Experimentation. As used in §691.033(a), Health and Safety Code, and this section, experimentation means systematic inquiry, testing, or development performed on a body or anatomical specimen to advance medical, surgical, dental, forensic, or other health science.
(5) Designation of additional authorized persons.
(A) A person not within paragraph (1) may apply to the Commission for designation as an authorized person under §691.033(a), Health and Safety Code, describing the applicant, the intended use, the setting, the supervision, and the recordkeeping and chain-of-custody measures the applicant will follow.
(B) The Commission shall refer the application to the State Anatomical Advisory Committee, which shall review it against the criteria in subparagraph (C) and submit a recommendation to the Commission.
(C) In reviewing an application, the advisory committee and the Commission shall consider whether the proposed use furthers medical or forensic science under §691.033(a), Health and Safety Code; is within the scope of donor consent under §691.028, Health and Safety Code; will occur in an approved setting under qualified supervision; and will be supported by the records and chain of custody required under this chapter.
(D) The Commission shall make the final designation decision after considering the advisory committee's recommendation. A designation may be conditional, limited in duration, or revoked.
(c) Authorized activities. The activities listed in this subsection, when performed by an authorized person within the scope of donor consent documented under §691.028, Health and Safety Code, are authorized under §691.033(a), Health and Safety Code:
The list in this subsection is illustrative of the activities authorized under §691.033(a), Health and Safety Code, and is not exhaustive. An activity within the scope of §691.033(a), Health and Safety Code, is authorized whether or not specifically named.
(d) Activities outside the listed scope. An activity not specifically listed in subsection (c) is authorized when: (1) the donor or authorized person consented to the activity in a record meeting the requirements of §691.028, Health and Safety Code; or (2) the entity provides prior written notice to the Commission describing the activity, its purpose, and its alignment with §691.033(a), Health and Safety Code, and the Commission does not object within 30 days of receipt.
(e) Safe harbor; conduct with legal authority.
(1) An authorized activity is performed with legal authority within the meaning of Texas Penal Code §42.08 (Abuse of Corpse).
(2) Consistent with §691.033(c), Health and Safety Code, a law relating to the prevention of mutilation of a body does not apply to the use, dissection, operation, examination, or experiment on a body or anatomical specimen authorized under §691.033, Health and Safety Code.
(3) Experimentation, as defined in subsection (b)(4) and expressly authorized by §691.033(a), Health and Safety Code, is an authorized activity when performed by an authorized person within the scope of donor consent. Describing conduct as "experiment" or "experimentation" does not by itself remove it from this safe harbor.
(4) An authorized activity is not subject to administrative penalty under §691.022(c), Health and Safety Code, and is not grounds for suspension, revocation, or denial of registration under §691.034(c) or (d), based solely on the nature of the activity.
(5) Nothing in this section limits the discretion of a district attorney, county attorney, or other prosecuting authority in the exercise of constitutional and statutory charging authority.
(f) Activities not authorized. The following are not authorized under §691.033(a), Health and Safety Code, and are not within the safe harbor of subsection (e):
(1) use of a body or anatomical specimen outside the scope of donor consent documented under §691.028, Health and Safety Code;
(2) sale, purchase, or transfer of a body or anatomical specimen for valuable consideration in violation of §692A.016, Health and Safety Code;
(3) use of a body or anatomical specimen by a person not authorized under §691.033(a), Health and Safety Code and this section;
(4) public display of identifying features of a donor (including face, identifying tattoos, scars, or donor identification numbers) without donor consent or appropriate dignity protections;
(5) any activity that an authorized person knows or reasonably should know violates Health and Safety Code, Chapter 691, Chapter 692A, or Commission rule;
(6) any authorized activity not performed at an inspected anatomical facility, willed body program or non-transplant anatomical donation organization.
(g) All requests for transfer of bodies or anatomical specimens must be made by a Designated Responsible Individual for a willed body program, non-transplant anatomical donation organization or anatomical facility.
(h) Relationship to Penal Code §42.08. This section is adopted to aid prosecutions under Texas Penal Code §42.08 as required by §691.033(d), Health and Safety Code, by giving prosecutors and the public clear notice of the activities authorized and performed with legal authority under Chapter 691, Health and Safety Code, This section does not create, expand, or limit any criminal offense, defense, or element under the Penal Code, except as stated in subsection (e).
(i) Periodic review. The Commission, with the advice of the State Anatomical Advisory Committee, shall review this section at least once every three years to ensure that the listed activities remain consistent with current professional practice.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 26, 2026.
TRD-202602616
Maria Haynes
Interim Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: August 9, 2026
For further information, please call: (512) 936-2488
22 TAC §206.3
The Texas Funeral Service Commission (Commission or TFSC) proposes a repeal of §206.3, Distribution Priorities, Title 22, Texas Administrative Code (TAC), Chapter 206, regarding Anatomical Facilities, Non-Transplant Anatomical Donation Organizations, and Willed Body Programs. The purpose of the proposed repeal is to eliminate the outdated rule and replace it simultaneously with a new more germane rule.
Tex. Gov't Code §2001.0045(b) does not apply to the rule proposed for action because it was determined that no costs are associated with this action, and therefore no costs warrant being offset.
The Commission has analyzed this proposed rulemaking and the analysis is described below for each category of analysis performed.
GOVERNMENT GROWTH IMPACT STATEMENT REQUIRED BY TEX. GOV'T CODE §2001.0221. Ms. Maria Haynes, TFSC Executive Director, has determined that, for the first five years the repeal would be in effect:
1. The repeal does not create or eliminate a government program. The proposed repeal implements an existing program transferred to the Commission by Senate Bill 2040 (88th Leg., R.S.).
2. The repeal does not require a change in work that would require the creation of new employee positions, nor are the rule changes significant enough to reduce work load to a degree that eliminates any existing employee positions.
3. The repeal does not require additional future legislative appropriations.
4. The repeal will not result in an increase in fees paid to the Commission, nor in a decrease in fees paid to the Commission
5. The repeal is not creating a new regulation, except that it is being replaced by a new rule simultaneously to provide for revisions.
6. The repeal will not expand, limit, or repeal an existing regulation.
7. The repeal will not increase or decrease the number of individuals subject to the rule's applicability.
8. The repeal will not negatively or positively affect the state's economy.
FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES. Ms. Haynes has determined there will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed repeal. Because the agency has determined that the proposed repeal will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code Section 2006.002, is not required.
TAKINGS IMPACT ASSESSMENT REQUIRED BY TEX. GOV'T CODE §2007.043. The repeal does not contemplate or authorize a taking by the Commission; therefore, no Takings Impact Assessment is required.
LOCAL EMPLOYMENT IMPACT STATEMENTS REQUIRED BY TEX. GOV'T CODE §2001.024(a)(6). The Commission has evaluated the repeal as to its possible effects on local economies and has determined that for the first five years the repeal would be in effect there would be no economic effect on local employment; therefore, no local employment impact statement is required to be prepared for the rule.
PUBLIC BENEFIT/COST NOTE REQUIRED BY TEX. GOV'T CODE §2001.024(a)(5). Ms. Haynes has determined that for each year of the first five-year period the proposed repeal is in effect, the public benefit will be clearer and more current rules that define the scope of the chapter and the terms used throughout it, implementing Senate Bill 2040 and improving the regulated community's and the public's understanding of the rules. There will not be economic costs to individuals required to comply with the repealed section.
FISCAL NOTE REQUIRED BY TEX. GOV'T CODE §2001.024(a)(4). Ms. Haynes also has determined that for each year of the first five years the repeal is in effect, enforcing or administering the repeal does not have any foreseeable implications related to costs or revenues of the state or local governments.
ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT. The proposed repeal does not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Texas Government Code §2001.0045.
PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED REPEAL. The Texas Funeral Service Commission is requesting public comments on the proposed repeal and information related to the cost, benefit, or effect of the proposed repeal, including any applicable data, research, or analysis. Any information that is submitted in response to this request must include an explanation of how and why the submitted information is specific to the proposed repeal. Please do not submit copyrighted, confidential, or proprietary information.
Comments on the proposed repeal and responses to the request for information may be submitted by email to legal@tfsc.texas.gov; or by mail to Maria Haynes, Executive Director, Texas Funeral Service Commission, 1801 Congress Avenue, Suite 11.800, Austin, Texas 78701. The deadline for comments is 30 days after publication in the Texas Register.
STATUTORY AUTHORITY. The proposed repeal is proposed under Texas Health and Safety Code, Chapter 691, including §691.001, which defines the terms used in the chapter, and §691.022(c), which requires the Commission to adopt rules, establish procedures, and prescribe forms necessary to administer and enforce the chapter. The proposed repeal is also proposed under Chapter 692A, Health and Safety Code, and under Chapter 651, Occupations Code, including §651.005, which directs the Commission to regulate willed body programs, non-transplant anatomical donation organizations, and anatomical facilities as provided by Chapter 691.
The statutory provisions affected by the proposed repeal are those set forth in Texas Health and Safety Code, Chapter 691, and Chapter 692A; and Texas Occupations Code, Chapter 651.
The legislation that enacted the statutory authority under which the proposed repeal is proposed to be adopted is Senate Bill 2040, 88th Legislature, Regular Session (2023).
§206.3.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 26, 2026.
TRD-202602617
Maria Haynes
Interim Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: August 9, 2026
For further information, please call: (512) 936-2488
22 TAC §206.3
The Texas Funeral Service Commission (Commission or TFSC) proposes a new rule §206.3, Chain of Custody, at Title 22, Texas Administrative Code (TAC), Chapter 206, regarding Anatomical Facilities, Non-Transplant Anatomical Donation Organizations, and Willed Body Programs. This proposed change is referred to as the "proposed rule."
EXPLANATION OF AND JUSTIFICATION FOR THE RULES. The rules under 22 TAC Chapter 206 implement Texas Health and Safety Code, Chapter 691, Donation of Bodies and Anatomical Specimens, and related provisions of Chapter 692A, Health and Safety Code, and Chapter 651, Occupations Code.
The proposed rule updates Chapter 206 to conform the Commission's anatomical-donation rules to the statutory framework enacted by Senate Bill 2040, 88th Legislature, Regular Session (2023), which transferred regulation of willed body programs, non-transplant anatomical donation organizations, and anatomical facilities to the Commission and redesignated and amended Chapter 691, Health and Safety Code. The proposed rule rewrites the section to establish chain-of-custody requirements under §691.031, Health and Safety Code, including prescribing the chain-of-custody form and the process for completing, transferring, and retaining it. The proposed rule is necessary to implement the Commission's mandatory duty under §691.031, Health and Safety Code, to adopt rules ensuring that each body or anatomical specimen is properly tracked from intake to final disposition, and to make custody records available for inspection by the Commission or a district or county attorney.
The proposed rules were presented to and discussed by the State Anatomical Advisory Committee at its meetings on May 13, 20, and 27 and June 3 and 10, 2026. The Advisory Committee voted and recommended that the proposed rules be published in the Texas Register for public comment.
SECTION-BY-SECTION SUMMARY. The proposed rule amends §206.3, Chain of Custody.
The proposed rule amends the section heading and rewrites the section to establish chain-of-custody requirements under §691.031, Health and Safety Code. The proposed amendment states the authority for and application of the section; prescribes the chain-of-custody form (TFSC Form A-1) by reference and authorizes future revision and an electronic conveyance and receipt system; specifies how the form is initiated and completed at each transfer of custody; addresses transport providers, disarticulation and derived specimens, transfer of the form with custody, a seven-year retention period, and acceptable paper and electronic formats; provides for inspection and production to the Commission or a district or county attorney within two business days of a written request, consistent with §691.031(f); and states the consequences of failure to comply.
FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT. Ms. Maria Haynes, Texas Funeral Service Commission Executive Director, has determined that for each year of the first five years the proposed rule is in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed rule.
Ms. Haynes has determined that for each year of the first five years the proposed rule is in effect, there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed rule.
LOCAL EMPLOYMENT IMPACT STATEMENT. Because Ms. Haynes has determined that the proposed rule will not affect a local economy, the agency is not required to prepare a local employment impact statement under Texas Government Code §2001.022.
PUBLIC BENEFITS. Ms. Haynes has determined that for each year of the first five-year period the proposed rule is in effect, the public benefit will be improved tracking of bodies and anatomical specimens through a uniform chain-of-custody process and reliable records available for inspection, supporting the dignified and lawful handling of donated human remains.
PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL. Ms. Haynes has determined that for each year of the first five-year period the proposed rule is in effect, there are nominal economic costs to persons who are required to comply with the proposed rule, specifically with regard to recordkeeping and retention of chain of custody files.
FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES. Ms. Haynes has determined there will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed rule. Because the agency has determined that the proposed rule will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code Section 2006.002, is not required.
ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT. The proposed rule does not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Texas Government Code §2001.0045.
GOVERNMENT GROWTH IMPACT STATEMENT. Pursuant to Texas Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed rule. For each year of the first five years the proposed rule will be in effect, the agency has determined the following:
1. The proposed rule does not create or eliminate a government program. The proposed rule implements an existing program transferred to the Commission by Senate Bill 2040.
2. Implementation of the proposed rule does not require the creation of new employee positions or the elimination of existing employee positions.
3. Implementation of the proposed rule does not require an increase or decrease in future legislative appropriations to the agency.
4. The proposed rule does not require an increase or decrease in fees paid to the agency.
5. The proposed rule create a new regulation. Specifically it creates a chain of custody process required by S.B. 2040 (88th Leg. R.S.).
6. The proposed rule expands, limits, or repeals an existing regulation. The proposed rule expands and clarifies existing Chapter 206 requirements and updates them to conform to current statutory structure.
7. The proposed rule does not increase or decrease the number of individuals subject to the rule's applicability.
8. The proposed rule does not adversely affect this state's economy.
TAKINGS IMPACT ASSESSMENT. The Texas Funeral Service Commission has determined that no private real property interests are affected by the proposed rule and the proposed rule does not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rule does not constitute a taking or require a takings impact assessment under Texas Government Code §2007.043.
PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED RULES. The Texas Funeral Service Commission is requesting 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. Any information that is submitted in response to this request must include an explanation of how and why the submitted information is specific to the proposed rule. Please do not submit copyrighted, confidential, or proprietary information.
Comments on the proposed rule and responses to the request for information may be submitted by email to legal@tfsc.texas.gov; or by mail to Maria Haynes, Executive Director, Texas Funeral Service Commission, 1801 Congress Avenue, Suite 11.800, Austin, Texas 78701. The deadline for comments is 30 days after publication in the Texas Register.
STATUTORY AUTHORITY. The proposed rule is proposed under Texas Health and Safety Code, Chapter 691, including §691.011, which requires the Commission to keep identification records; §691.022(c), which requires the Commission to adopt rules, establish procedures, and prescribe forms necessary to administer and enforce the chapter; §691.031, which requires the Commission to adopt rules ensuring proper transportation of bodies and the completion, maintenance, and transfer of a chain-of-custody form prescribed by the Commission and the availability of those records for inspection; and §691.033, which addresses recordkeeping for bodies and anatomical specimens. The proposed rule is also proposed under Chapter 651, Occupations Code, including §651.005.
The statutory provisions affected by the proposed rule are those set forth in Texas Health and Safety Code, Chapter 691; and Texas Occupations Code, Chapter 651.
The legislation that enacted the statutory authority under which the proposed rule is proposed to be adopted is Senate Bill 2040, 88th Legislature, Regular Session (2023).
§206.3.
(a) Authority. This section is adopted under the authority of Texas Health and Safety Code §§ 691.011, 691.022(c), 691.031, and 691.033.
(b) Application. This section applies to every person with control or possession of a body or anatomical specimen received, distributed, or used under Chapter 691, Health and Safety Code.
(c) Form prescribed.
(1) The Commission prescribes the chain-of-custody form designated TFSC Form A-1, which is incorporated by reference and available on the Commission's website. The form satisfies the requirement of Health and Safety Code §691.031(a)(3)(A).
(2) The Commission may revise the form from time to time. A form in use on the effective date of any revision remains valid for the specimen it covers.
(d) Completion of form.
(1) The entity that first acquires a body or anatomical specimen under Chapter 691 shall initiate the form by completing Section A (Header), including the specimen unique identifier assigned under the Commission's adopted identifier nomenclature.
(2) At each transfer of custody, the releasing party and the receiving party shall each complete and sign the corresponding entries in Section B (Custody Transfers).
(3) The Commission may develop an electronic conveyance and receipt system which contains the information contained in the form, and electronic completion of the form satisfies the requirements of this section and Health and Safety Code §691.031.
(e) Transport providers.
(1) A courier acting in a transportation capacity, without opening the transport container or exercising discretion over the specimen, shall be indicated by name on the form.
(2) An entity that takes custody for any purpose other than transport, including temporary storage, repackaging, or inspection, shall complete a full custody entry as the receiving party.
(f) Disarticulation and derived specimens.
(1) Where a whole body is disarticulated into multiple anatomical specimens, the master form covering the whole body shall be retained by the entity that performed the disarticulation, and a new chain-of-custody form shall be initiated for each derived specimen, cross-referencing the master form's specimen unique identifier.
(2) The retention requirement in subsection (h) applies to the master form and to each derived form.
(g) Transfer of form with custody. Consistent with Health and Safety Code §691.031(a)(3)(C), each person who transfers custody of a body or anatomical specimen shall transfer the original or a complete copy of the chain-of-custody form to the receiving party at the time of transfer, and shall retain a copy.
(h) Retention. Each person with custody of a body or anatomical specimen shall retain a copy of the chain-of-custody form for seven (7) years following the date of final disposition, or for such longer period as required by other applicable law.
(i) Format.
(1) The chain-of-custody form may be maintained in paper or electronic format, and additionally may be used in multiple copies, so long as each copy maintained by the sender and receiver contains a complete copy of the form.
(2) An electronic form shall:
(A) contain all required fields;
(B) capture signatures by electronic means consistent with Tex. Bus. & Com. Code Chapter 322 (Uniform Electronic Transactions Act);
(C) maintain an audit trail capable of demonstrating the date, time, and identity of each entry; and (D) be retrievable for inspection under §691.031(f) within two (2) business days of a request.
(j) Inspection and production. Consistent with Health and Safety Code §691.031(f), each chain-of-custody form shall be made available for inspection by the Commission or by a district or county attorney upon request not later than (2) business days of a written request.
(k) Failure to comply. Failure to complete, retain, or transfer a chain-of-custody form as required by this section may result in administrative penalties under §691.022(c) or suspension or revocation of registration under §691.034(c) or (d). Failure to maintain chain-of-custody documentation does not, standing alone, constitute abuse of a corpse under Tex. Penal Code §42.08, but may be evidence in an investigation under §691.034(b).
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 26, 2026.
TRD-202602618
Maria Haynes
Interim Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: August 9, 2026
For further information, please call: (512) 936-2488
22 TAC §206.4
The Texas Funeral Service Commission (Commission or TFSC) proposes amendments to §206.4, Transport, Importation and Exportation of Bodies, Title 22, Texas Administrative Code (TAC), Chapter 206, regarding Anatomical Facilities, Non-Transplant Anatomical Donation Organizations, and Willed Body Programs.
EXPLANATION OF AND JUSTIFICATION FOR THE RULES. The rules under 22 TAC Chapter 206 implement Texas Health and Safety Code, Chapter 691, Donation of Bodies and Anatomical Specimens, and related provisions of Chapter 692A, Health and Safety Code, and Chapter 651, Occupations Code.
The proposed rule updates Chapter 206 to conform the Commission's anatomical-donation rules to the statutory framework enacted by Senate Bill 2040, 88th Legislature, Regular Session (2023), which transferred regulation of willed body programs, non-transplant anatomical donation organizations, and anatomical facilities to the Commission and redesignated and amended Chapter 691, Health and Safety Code. The proposed rule amends the section to conform it to Senate Bill 2040 and current statutory structure, including replacing references to the former "board" and "secretary-treasurer" with the Commission and its Executive Director and updating provisions governing transport, importation, and exportation of bodies and anatomical specimens. It removes a redundant provision regarding violations of rules and also moves and revises a requirement for a yearly procurement and use report for anatomical entities to assist the commission in evaluating compliance with statutory requirements for export. The proposed rule is necessary to conform the rule to Chapter 691 as amended by Senate Bill 2040, ensure the secured and dignified transport of bodies and anatomical specimens, and provide clear conditions for importation into and exportation out of this state.
The proposed rules were presented to and discussed by the State Anatomical Advisory Committee at its meeting on June 10, 2026. The Advisory Committee voted and recommended that the proposed rules be published in the Texas Register for public comment.
SECTION-BY-SECTION SUMMARY. The proposed rule amends §206.4, Transport, Importation and Exportation of Bodies.
The proposed rule amends the section to conform it to Senate Bill 2040 and current statutory structure. The proposed amendment replaces references to the "board" and "secretary-treasurer" with the Commission and its Executive Director; updates labeling and secured-transport requirements; provides for transfer to search organizations and forensic science programs consistent with donor authorization under §§691.028 and 692A.009; addresses notification of intent to import and the Commission's jurisdiction over imported material; revises the conditions for written approval of exportation, including the requirement that an out-of-state recipient be an authorized recipient of the same type listed in §206.2 and the conditions concerning supply, donor authorization, and any site visit; and updates the provisions governing removal from authorized premises and handling of suspected violations. The proposed rule also moves and revises a prior State Anatomical Board rule requiring reporting for anatomical entities to assist the Commission in meeting statutory requirements prior to authorizing export of anatomical specimens.
FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT. Ms. Maria Haynes, TFSC Executive Director, has determined that for each year of the first five years the proposed rule is in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed rule.
Ms. Haynes has determined that for each year of the first five years the proposed rule is in effect, there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed rule.
LOCAL EMPLOYMENT IMPACT STATEMENT. Ms. Haynes has determined that the proposed rule will not affect a local economy, the agency is not required to prepare a local employment impact statement under Texas Government Code §2001.022.
PUBLIC BENEFITS. Ms. Haynes has determined that for each year of the first five-year period the proposed rule is in effect, the public benefit will be the secured, dignified, and lawful transport, importation, and exportation of donated bodies and anatomical specimens under rules conformed to current statutory structure.
PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL. Ms. Haynes has determined that for each year of the first five-year period the proposed rule is in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rule.
FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES. Ms. Haynes has determined there will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed rule. Because the agency has determined that the proposed rule will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code Section 2006.002, is not required.
ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT. The proposed rule does not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Texas Government Code §2001.0045.
GOVERNMENT GROWTH IMPACT STATEMENT. Pursuant to Texas Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed rule. For each year of the first five years the proposed rule will be in effect, the agency has determined the following:
1. The proposed rule does not create or eliminate a government program. The proposed rule implements an existing program transferred to the Commission by Senate Bill 2040.
2. Implementation of the proposed rule does not require the creation of new employee positions or the elimination of existing employee positions.
3. Implementation of the proposed rule does not require an increase or decrease in future legislative appropriations to the agency.
4. The proposed rule does not require an increase or decrease in fees paid to the agency.
5. The proposed rule does not create a new regulation.
6. The proposed rule expands, limits, or repeals an existing regulation. The proposed rule expands and clarifies existing Chapter 206 requirements and updates them to conform to current statutory structure.
7. The proposed rule does not increase or decrease the number of individuals subject to the rule's applicability.
8. The proposed rule does not adversely affect this state's economy.
TAKINGS IMPACT ASSESSMENT. The Texas Funeral Service Commission has determined that no private real property interests are affected by the proposed rule and the proposed rule does not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rule does not constitute a taking or require a takings impact assessment under Texas Government Code §2007.043.
PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED RULES. The Texas Funeral Service Commission is requesting 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. Any information that is submitted in response to this request must include an explanation of how and why the submitted information is specific to the proposed rule. Please do not submit copyrighted, confidential, or proprietary information.
Comments on the proposed rule and responses to the request for information may be submitted by email to legal@tfsc.texas.gov; or by mail to Maria Haynes, Executive Director, Texas Funeral Service Commission, 1801 Congress Avenue, Suite 11.800, Austin, Texas 78701. The deadline for comments is 30 days after publication in the Texas Register.
STATUTORY AUTHORITY. The proposed rule is proposed under Texas Health and Safety Code, Chapter 691, including §691.022(c), which requires the Commission to adopt rules and establish procedures necessary to administer and enforce the chapter; §691.029, which authorizes the Commission to receive, distribute, and transfer a body or anatomical specimen from inside or outside this state; §691.030, which governs the Commission's distribution and out-of-state transport of bodies and anatomical specimens; and §691.031, which requires the Commission to adopt rules ensuring proper transportation and labeling. The proposed rule is also proposed under Chapter 692A, Health and Safety Code, and Chapter 651, Occupations Code, including §651.005.
The statutory provisions affected by the proposed rule are those set forth in Texas Health and Safety Code, Chapter 691, and Chapter 692A; and Texas Occupations Code, Chapter 651.
The legislation that enacted the statutory authority under which the proposed rule is proposed to be adopted is Senate Bill 2040, 88th Legislature, Regular Session (2023).
§206.4.
(a) Transport of Bodies. The transfer and transport of bodies or anatomical specimens from one willed body program, non-anatomical donation organization or anatomical facility [institution] to another, or for export from the state, shall be done in an appropriate, secured vehicle operated by a licensed funeral establishment, ambulance service, willed body program, non-anatomical donation organization, anatomical facility [search organization], search organization, or common [public] carrier. A label with the statement that the container's contents are derived from human tissue ["CONTENTS DERIVED FROM DONATED HUMAN TISSUE"] shall be affixed to the container in which the body or anatomical specimen is transported. The container shall be secured, packaged to prevent leakage of fluids and kept at an appropriate interior temperature to prevent decomposition and emission of odors. [Violations may result in revocation of authorization to receive and hold bodies.]
(b) Each body or anatomical specimen shall be carefully deposited and transported with the least possible public display.
[(b) Transfer to search organizations. Cadavers and anatomical specimens may be transferred to search organizations or forensic science programs if:]
[(1) the deceased donated his body in compliance with Section 691.028 of the Health and Safety Code and at the time of the donation authorized use for search organizations or forensic science programs;]
[(2) the body was donated in compliance with Chapter 692A of the Health and Safety Code and the person authorized to make the donation under Section 692A.009 authorized use for search organizations or forensic science programs;]
[(3) the body was received by a member institution because it had not been claimed.]
(c) Importation. Notification of the intent to import a body or anatomical specimen [bodies] from outside of the State of Texas shall be given to the Commission [board] in writing. Such bodies or specimens shall fall under the jurisdiction of the Commission [board] upon entering the State of Texas, and all rules regulating such material shall apply.
(d) Exportation. No body or anatomical specimen under the jurisdiction of the Commission [board] including donations to tissue banks authorized by Health and Safety Code, Chapter 692A, shall be shipped out of the State of Texas, unless permission in writing for such shipment has been granted by the Commission [board acting through its secretary-treasurer. If the secretary-treasurer is an employee of the institution that is to make the shipment, secondary approval must be given by the chair].
(1) The Commission [board may grant approval of exportation of a body or anatomical specimen if it [or its secretary-treasurer or chair] determines that:
(A) the recipient out-of-state institution is a willed body program, non-transplant anatomical donation organization or anatomical facility of the same type as those authorized recipients listed in §206.2 of this title (relating to Authorized Activities); [a written request has been received from an institution that is in the approved categories described in §479.1(a) of this title (relating to Institutions Authorized to Receive and Hold Bodies) that describes the need for the body and the facilities available for holding the body.]
(B) the supply of bodies or anatomical specimens exceeds the needs of bodies or anatomical specimens [the institutions] in this state; and
(C) the donor authorized out-of-state shipment.
(2) If, in the opinion of the Commission [appropriate official of the holding institution or the secretary-treasurer] , a video or in-person site visit to the requesting institution is desirable or necessary to verify that the requesting institution respects the dignity of the human body and complies with any restrictions contained in the donor instrument, such a visit shall be made by the willed body program or non-transplant anatomical organization and a report made to the Commission, which includes, but is not limited to, a review of the materials required §206.12(c)(4)(D) of this title (relating to Registration Application and Inspection Required) and implementation procedures of the out of state facility as a condition of [secretary-treasurer before] approving the transfer. The expenses incurred by such a site visit shall be reimbursed by the potential receiving institution [before application is considered].
(e) Proscription of local removal. Bodies or anatomical specimens shall not be removed or relocated from the designated premises of the willed body program, non-transplant anatomical donation program, or anatomical facility [institution or individual] which have been authorized by the Commission [this board] to receive, hold, or dispose of bodies without the written permission of the Executive Director of the Commission or the Executive Director's designee [secretary-treasurer].
(f) Yearly procurement and use report. Each willed body program or non-transplant anatomical donation organization which has received, directly or by transfer, and/or used a body during the prior year shall complete, sign and file with the Commission the yearly cadaver procurement and use report prescribed by the Commission. Each anatomical facility shall file an annual need or use report prescribed by the Commission. These reports shall be filed not later than August 31 of each year for the prior annual period. Tissue banks and search organizations receiving donations as authorized by Health and Safety Code Chapter 692A will file a cadaver procurement and transfer form as prescribed by the Commission.
[(f) Violation of this rule. Should it appear that an organization, institution, or individual may be in violation of any section regarding the transportation of a body, the board shall proceed as required by §483.1 of this title (relating to Hearing Procedures).]
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 26, 2026.
TRD-202602628
Maria Haynes
Interim Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: August 9, 2026
For further information, please call: (512) 936-2488
22 TAC §206.5
The Texas Funeral Service Commission (Commission or TFSC) proposes amendments to §206.5, Transfer of Bodies or Anatomical Specimens, Title 22, Texas Administrative Code (TAC), Chapter 206, regarding Anatomical Facilities, Non-Transplant Anatomical Donation Organizations, and Willed Body Programs.
EXPLANATION OF AND JUSTIFICATION FOR THE RULES. The rules under 22 TAC Chapter 206 implement Texas Health and Safety Code, Chapter 691, Donation of Bodies and Anatomical Specimens, and related provisions of Chapter 692A, Health and Safety Code, and Chapter 651, Occupations Code.
The proposed rule updates Chapter 206 to conform the Commission's anatomical-donation rules to the statutory framework enacted by Senate Bill 2040, 88th Legislature, Regular Session (2023), which transferred regulation of willed body programs, non-transplant anatomical donation organizations, and anatomical facilities to the Commission and redesignated and amended Chapter 691, Health and Safety Code. The proposed rule amends the section to update the transfer-application and approval process, including providing that an Authorized Person, as defined in §206.1, may request a transfer on the form prescribed by the Commission and designating the Executive Director or the Executive Director's designee as authorized to approve transfers. The proposed rule is necessary to conform the transfer process to Chapter 691 as amended by Senate Bill 2040 and to the Commission's current structure, and ensure that transfers are made only to approved recipients under clear conditions.
The proposed rules were presented to and discussed by the State Anatomical Advisory Committee at its meeting on June 10, 2026. The Advisory Committee voted and recommended that the proposed rules be published in the Texas Register for public comment.
SECTION-BY-SECTION SUMMARY, The proposed rule amends the section to update the transfer-application and approval process. The proposed amendment provides that an Authorized Person, as defined in §206.1, may request a transfer on the form prescribed by the Commission; designates the Executive Director or the Executive Director's designee as authorized to approve transfers; requires that recipients of transfers be an approved willed body program, non-transplant anatomical donation organization, or approved anatomical facility; and addresses availability of bodies, allocation of costs, the deadline for return of transferred bodies for final disposition, and extensions. It removes redundant language from the former State Anatomical Board rule.
FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT.Ms. Maria Haynes, TFSC Executive Director, has determined that for each year of the first five years the proposed rule is in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed rule.
Ms. Haynes has determined that for each year of the first five years the proposed rule is in effect, there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed rule.
LOCAL EMPLOYMENT IMPACT STATEMENT. Ms. Haynes has determined that the proposed rule will not affect a local economy, the agency is not required to prepare a local employment impact statement under Texas Government Code §2001.022.
PUBLIC BENEFITS. Ms. Haynes has determined that for each year of the first five-year period the proposed rule is in effect, the public benefit will be a clear and orderly process for transferring bodies and anatomical specimens to approved recipients, supporting equitable distribution and the dignified and lawful handling of donated human remains.
PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL. Ms. Haynes has determined that for each year of the first five-year period the proposed rule is in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rule.
FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES. Ms. Haynes has determined there will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed rule. Because the agency has determined that the proposed rule will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code Section 2006.002, is not required.
ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT. The proposed rule does not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Texas Government Code §2001.0045.
GOVERNMENT GROWTH IMPACT STATEMENT. Pursuant to Texas Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed rule. For each year of the first five years the proposed rule will be in effect, the agency has determined the following:
1. The proposed rule does not create or eliminate a government program. The proposed rule implements an existing program transferred to the Commission by Senate Bill 2040.
2. Implementation of the proposed rule does not require the creation of new employee positions or the elimination of existing employee positions.
3. Implementation of the proposed rule does not require an increase or decrease in future legislative appropriations to the agency.
4. The proposed rule does not require an increase or decrease in fees paid to the agency.
5. The proposed rule does not create a new regulation.
6. The proposed rule expands, limits, or repeals an existing regulation. The proposed rule expands and clarifies existing Chapter 206 requirements and updates them to conform to current statutory structure.
7. The proposed rule does not increase or decrease the number of individuals subject to the rule's applicability.
8. The proposed rule does not adversely affect this state's economy.
TAKINGS IMPACT ASSESSMENT. The Texas Funeral Service Commission has determined that no private real property interests are affected by the proposed rule and the proposed rule does not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rule does not constitute a taking or require a takings impact assessment under Texas Government Code §2007.043.
PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED RULES. The Texas Funeral Service Commission is requesting 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. Any information that is submitted in response to this request must include an explanation of how and why the submitted information is specific to the proposed rule. Please do not submit copyrighted, confidential, or proprietary information.
Comments on the proposed rule and responses to the request for information may be submitted by email to legal@tfsc.texas.gov; or by mail to Maria Haynes, Executive Director, Texas Funeral Service Commission, 1801 Congress Avenue, Suite 11.800, Austin, Texas 78701. The deadline for comments is 30 days after publication in the Texas Register.
STATUTORY AUTHORITY. The proposed rule is proposed under Texas Health and Safety Code, Chapter 691, including §691.022, which addresses the Commission's distribution duties and authorizes the Commission to adopt rules and establish procedures necessary to administer and enforce the chapter; §691.029, which authorizes the Commission to receive, distribute, and transfer a body or anatomical specimen; §691.030, which governs distribution and redistribution; and §691.033, which authorizes the use of bodies and anatomical specimens to further medical or forensic science. The proposed rule is also proposed under Chapter 692A, Health and Safety Code, and Chapter 651, Occupations Code, including §651.005.
The statutory provisions affected by the proposed rule are those set forth in Texas Health and Safety Code, Chapter 691, and Chapter 692A; and Texas Occupations Code, Chapter 651.
The legislation that enacted the statutory authority under which the proposed rule is proposed to be adopted is Senate Bill 2040, 88th Legislature, Regular Session (2023).
§
206.5.
(a) Application for transfer. An Authorized Person, as defined in §206.1 of this title (relating to Scope and Definitions), [Institutions or search organizations] desiring the transfer of a body or anatomical specimen must make written request on the form or electronic system prescribed by the Commission. [to the secretary-treasurer of the board. Reasons for the need for a body must be stated.]
(b) Approval of transfer. The Executive Director of the Commission or the Executive Director's designee [secretary-treasurer] is authorized to approve transfers. All recipients of transfers must be an approved willed body program, non-transplant anatomical donation organization or an authorized person for use at approved anatomical facility. [Although the law provides for private physicians to be authorized to receive bodies, it is the belief of the board that, in general, a physician should arrange to do anatomical work at a medical or dental school or at an authorized hospital.]
[(c) Availability. While the secretary-treasurer of the board shall make diligent efforts to locate a source of bodies for transfer, final authorization for such transfer shall be dependent on the willingness of a member institution to provide the required body or bodies. Costs of the body and for transportation shall be borne by the institution or search organization receiving the transferred body.]
[(d) Disposal of transferred bodies. Unless other suitable arrangements have been made and approved by the secretary-treasurer or the board in advance, transferred bodies on which dissection has been completed shall be returned to the institution originally providing the body for final disposition within one calendar year.]
[(e) Extension. The secretary-treasurer may approve extensions beyond the one calendar year time limit. Written requests for an extension must be submitted prior to the expiration of the term, and reasons for the extension must be stated.]
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 26, 2026.
TRD-202602629
Maria Haynes
Interim Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: August 9, 2026
For further information, please call: (512) 936-2488
22 TAC §206.7
The Texas Funeral Service Commission (Commission or TFSC) proposes repeal of §206.7, Board Forms, Title 22, Texas Administrative Code (TAC), Chapter 206, regarding Anatomical Facilities, Non-Transplant Anatomical Donation Organizations, and Willed Body Programs. The purpose of the proposed repeal is to eliminate the outdated rule and replace it simultaneously with a new more germane rule.
Tex. Gov't Code §2001.0045(b) does not apply to the rule proposed for action because it was determined that no costs are associated with this action, and therefore no costs warrant being offset.
The Commission has analyzed this proposed rulemaking and the analysis is described below for each category of analysis performed.
GOVERNMENT GROWTH IMPACT STATEMENT REQUIRED BY TEX. GOV'T CODE §2001.0221. Ms. Maria Haynes, TFSC Executive Director, has determined that, for the first five years the repeal would be in effect:
1. The repeal does not create or eliminate a government program. The proposed repeal implements an existing program transferred to the Commission by Senate Bill 2040 (88th Leg., R.S.).
2. The repeal does not require a change in work that would require the creation of new employee positions, nor are the rule changes significant enough to reduce work load to a degree that eliminates any existing employee positions.
3. The repeal does not require additional future legislative appropriations.
4. The repeal will not result in an increase in fees paid to the Commission, nor in a decrease in fees paid to the Commission.
5. The repeal is not creating a new regulation, except that it is being replaced by a new rule simultaneously to provide for revisions.
6. The repeal will not expand, limit, or repeal an existing regulation.
7. The repeal will not increase or decrease the number of individuals subject to the rule's applicability.
8. The repeal will not negatively or positively affect the state's economy.
FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES.
Ms. Haynes has determined there will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed repeal. Because the agency has determined that the proposed repeal will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code Section 2006.002, is not required.
TAKINGS IMPACT ASSESSMENT REQUIRED BY TEX. GOV'T CODE §2007.043.
The repeal does not contemplate or authorize a taking by the Commission; therefore, no Takings Impact Assessment is required.
LOCAL EMPLOYMENT IMPACT STATEMENTS REQUIRED BY TEX. GOV'T CODE §2001.024(a)(6). The Commission has evaluated the repeal as to its possible effects on local economies and has determined that for the first five years the repeal would be in effect there would be no economic effect on local employment; therefore, no local employment impact statement is required to be prepared for the rule.
PUBLIC BENEFIT/COST NOTE REQUIRED BY TEX. GOV'T CODE §2001.024(a)(5). Ms. Haynes has determined that for each year of the first five-year period the proposed repeal is in effect, the public benefit will be clearer and more current rules that define the scope of the chapter and the terms used throughout it, implementing Senate Bill 2040 and improving the regulated community’s and the public’s understanding of the rules. There will not be economic costs to individuals required to comply with the repealed section.
FISCAL NOTE REQUIRED BY TEX. GOV'T CODE §2001.024(a)(4). Ms. Haynes also has determined that for each year of the first five years the repeal is in effect, enforcing or administering the repeal does not have any foreseeable implications related to costs or revenues of the state or local governments.
ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT. The proposed repeal does not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Texas Government Code §2001.0045.
PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED REPEAL. The Texas Funeral Service Commission is requesting public comments on the proposed repeal and information related to the cost, benefit, or effect of the proposed repeal, including any applicable data, research, or analysis. Any information that is submitted in response to this request must include an explanation of how and why the submitted information is specific to the proposed repeal. Please do not submit copyrighted, confidential, or proprietary information.
Comments on the proposed repeal and responses to the request for information may be submitted by email to legal@tfsc.texas.gov; or by mail to Maria Haynes, Executive Director, Texas Funeral Service Commission, 1801 Congress Avenue, Suite 11.800, Austin, Texas 78701. The deadline for comments is 30 days after publication in the Texas Register.
STATUTORY AUTHORITY. The proposed repeal is proposed under Texas Health and Safety Code, Chapter 691, including §691.001, which defines the terms used in the chapter, and §691.022(c), which requires the Commission to adopt rules, establish procedures, and prescribe forms necessary to administer and enforce the chapter. The proposed repeal is also proposed under Chapter 692A, Health and Safety Code, and under Chapter 651, Occupations Code, including §651.005, which directs the Commission to regulate willed body programs, non-transplant anatomical donation organizations, and anatomical facilities as provided by Chapter 691.
The statutory provisions affected by the proposed repeal are those set forth in Texas Health and Safety Code, Chapter 691, and Chapter 692A; and Texas Occupations Code, Chapter 651.
The legislation that enacted the statutory authority under which the proposed repeal is proposed to be adopted is Senate Bill 2040, 88th Legislature, Regular Session (2023).
§206.7.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 26, 2026.
TRD-202602619
Maria Haynes
Interim Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: August 9, 2026
For further information, please call: (512) 936-2488
22 TAC §206.7
The Texas Funeral Service Commission (Commission or TFSC) proposes new §206.7, Educational Use of Anatomical Material; Prohibition of Public Display, Title 22, Texas Administrative Code (TAC), Chapter 206, regarding Anatomical Facilities, Non-Transplant Anatomical Donation Organizations, and Willed Body Programs. This proposed change is referred to as the "proposed rule."
EXPLANATION OF AND JUSTIFICATION FOR THE RULES. The rules under 22 TAC Chapter 206 implement Texas Health and Safety Code, Chapter 691, Donation of Bodies and Anatomical Specimens, and related provisions of Chapter 692A, Health and Safety Code, and Chapter 651, Occupations Code.
The proposed rule updates Chapter 206 to conform the Commission's anatomical-donation rules to the statutory framework enacted by Senate Bill 2040, 88th Legislature, Regular Session (2023), which transferred regulation of willed body programs, non-transplant anatomical donation organizations, and anatomical facilities to the Commission and redesignated and amended Chapter 691, Health and Safety Code. The proposed rule governs the educational use of human anatomical material and to prohibit the public display of a body or gross anatomical specimen as spectacle or entertainment. The proposed rule permits educational observation and participation when four conditions are met - donor consent, an approved setting inspected by the Commission, qualified supervision, and a bona fide educational purpose - and prohibits selling admission to the general public to observe the display, dissection, or examination of human anatomical material. The proposed rule is necessary to ensure that human anatomical material used for educational observation is handled with respect and dignity consistent with the treatment-with-respect standard the Commission is required to adopt under §691.022(b), Health and Safety Code; preserve broad and legitimate access to anatomical education for the scientific and professional community; and prohibit the display of human anatomical material as public spectacle or entertainment.
The proposed rules were presented to and discussed by the State Anatomical Advisory Committee at its meetings on May 13, 20, and 27 and June 3 and 10, 2026. The Advisory Committee voted and recommended that the proposed rules be published in the Texas Register for public comment.
SECTION-BY-SECTION SUMMARY. The proposed rule replaces the prior §206.7, which is repealed in a simultaneous rulemaking.
The proposed rule addresses the educational use of anatomical material and to prohibit public display. The proposed amendment states the authority for and purpose of the section; establishes the four conditions under which a person may observe or participate in the educational use, dissection, or examination of a body or gross anatomical specimen - donor consent under §§691.028 and 692A.009, an approved setting inspected by the Commission, qualified supervision by a Qualified Instructor or Bioskills Trainer, and a bona fide educational purpose; addresses observation or participation by minors enrolled in an accredited or recognized educational program; prohibits the public display of a body or gross anatomical specimen and the sale of admission to the general public to observe human anatomical material, while preserving legitimate educational programs, reverent consent-based memorials, and accredited museum or scientific exhibitions conducted with documented consent and dignity protections; restricts media and recording consistent with donor consent and dignity protections; applies the treatment-with-respect standard adopted under §691.022(b); and states the enforcement consequences of a violation.
The proposed rules were presented to and discussed by the State Anatomical Advisory Committee at its meetings on May 13, 20, and 27 and June 3, 2026. The Advisory Committee voted and recommended that the proposed rules be published in the Texas Register for public comment.
FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT. Ms. Maria Haynes, TFSC Executive Director, has determined that for each year of the first five years the proposed rule is in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed rule.
Ms. Haynes has determined that for each year of the first five years the proposed rule is in effect, there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed rule.
LOCAL EMPLOYMENT IMPACT STATEMENT. Because Ms. Haynes has determined that the proposed rule will not affect a local economy, the agency is not required to prepare a local employment impact statement under Texas Government Code §2001.022.
PUBLIC BENEFITS. Ms. Haynes has determined that for each year of the first five-year period the proposed rule is in effect, the public benefit will be the dignified and respectful handling of donated human anatomical material used for education; preserved access to legitimate anatomical education, training, and research for the scientific and professional community; and protection of anatomical donors and the public from the display of human remains as spectacle or entertainment.
PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL. Ms. Haynes has determined that for each year of the first five-year period the proposed rule is in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rule.
FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES. Ms. Haynes has determined there will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed rule. Because the agency has determined that the proposed rule will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code Section 2006.002, is not required.
ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT. The proposed rule does not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Texas Government Code §2001.0045.
GOVERNMENT GROWTH IMPACT STATEMENT. Pursuant to Texas Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed rule. For each year of the first five years the proposed rule will be in effect, the agency has determined the following:
1. The proposed rule does not create or eliminate a government program. The proposed rule implements an existing program transferred to the Commission by Senate Bill 2040.
2. Implementation of the proposed rule does not require the creation of new employee positions or the elimination of existing employee positions.
3. Implementation of the proposed rule does not require an increase or decrease in future legislative appropriations to the agency.
4. The proposed rule does not require an increase or decrease in fees paid to the agency.
5. The proposed rule creates a new regulation. The proposed rule establishes conditions for the educational use of anatomical material and a prohibition on public display, in accordance with new statutory requirements in S.B. 2040, 88th Leg., R.S.
6. The proposed rule expands, limits, or repeals an existing regulation. The proposed rule replaces and expands the prior section to address educational use and public display and updates it to conform to current statutory structure.
7. The proposed rule does not increase or decrease the number of individuals subject to the rule's applicability.
8. The proposed rule does not adversely affect this state's economy.
TAKINGS IMPACT ASSESSMENT. The Texas Funeral Service Commission has determined that no private real property interests are affected by the proposed rule and the proposed rule does not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rule does not constitute a taking or require a takings impact assessment under Texas Government Code §2007.043.
PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED RULES. The Texas Funeral Service Commission is requesting 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. Any information that is submitted in response to this request must include an explanation of how and why the submitted information is specific to the proposed rule. Please do not submit copyrighted, confidential, or proprietary information.
Comments on the proposed rule and responses to the request for information may be submitted by email to legal@tfsc.texas.gov; or by mail to Maria Haynes, Executive Director, Texas Funeral Service Commission, 1801 Congress Avenue, Suite 11.800, Austin, Texas 78701. The deadline for comments is 30 days after publication in the Texas Register.
STATUTORY AUTHORITY. The proposed rule is proposed under Texas Health and Safety Code, Chapter 691, including §691.022(b), which requires the Commission to adopt rules to ensure that each body and anatomical specimen is treated with respect while in the custody of the Commission or a person authorized to receive the body or specimen, and §691.022(c), which requires the Commission to adopt rules, establish procedures, and prescribe forms necessary to administer and enforce the chapter and authorizes the Commission to assess administrative penalties and to revoke, suspend, or probate a registration or other authorization in the manner provided by Chapter 651, Occupations Code; §691.028, which governs donation of a body by written instrument and the informed consent of the donor; §691.033, which authorizes the use, dissection, operation on, examination, and experimentation on a body or anatomical specimen to further medical or forensic science; and §691.034, including §691.034(c) and (d), which authorize the Commission to suspend or revoke a registration or other authorization and provide for a hearing. The proposed rule is also proposed under Chapter 692A, Health and Safety Code, and Chapter 651, Occupations Code, including §651.005.
The statutory provisions affected by the proposed rule are those set forth in Texas Health and Safety Code, Chapter 691, and Chapter 692A; and Texas Occupations Code, Chapter 651.
The legislation that enacted the statutory authority under which the proposed rule is proposed to be adopted is Senate Bill 2040, 88th Legislature, Regular Session (2023).
§206.7.
(a) Authority and purpose.
(1) This section is adopted under Texas Health and Safety Code, §§691.022(b), 691.028, and 691.033.
(2) The purpose of this section is to ensure that human anatomical material used for educational observation is handled with respect and dignity, to preserve broad and legitimate access to anatomical education for the scientific and professional community, and to prohibit the display of human anatomical material as public spectacle or entertainment.
(b) Educational use permitted under four conditions. A person may observe or participate in the educational use, dissection, or examination of a body or gross anatomical specimen, regardless of the person's profession, credential, or level of education, provided all of the following conditions are met:
(1) Donor consent. The donor or a person authorized under §692A.009 consented to the use of the body or specimen for education or training, and the consent reasonably encompasses observation by the category of persons present. Consent documented on the Commission's Donor Acknowledgement Form, or an equivalent record under §691.028, satisfies this requirement.
(2) Approved setting. The activity occurs in an approved setting inspected by the Commission. A venue offering general admission or access by the public is not an approved setting for purposes of this section.
(3) Qualified supervision. The activity is led or supervised by a Qualified Instructor or Bioskills Trainer, who is responsible for the educational purpose and for respectful conduct during the activity.
(4) Bona fide educational purpose. The activity serves a genuine educational, training, or research purpose and is part of a structured program, course, or supervised session. The activity is not open to general public attendance, is not marketed or conducted as entertainment or spectacle, and does not offer admission to the general public for a fee or otherwise to observe human remains.
(c) Minors as observers. A minor may observe or participate in educational use under subsection (b) when the activity is part of an accredited or recognized educational program in which the minor is enrolled, the supervising qualified instructor approves the minor's participation, and any consent required by the educational institution or by the minor's parent or guardian has been obtained. This subsection does not authorize general public attendance by minors outside an enrolled educational program.
(d) Prohibition of public display.
(1) No person may engage in the public display of a body or gross anatomical specimen except as part of a bona fide educational activity meeting all conditions of subsection (b).
(2) No person may sell admission, tickets, or access to the general public to observe the display, dissection, or examination of a body or gross anatomical specimen.
(3) This subsection does not prohibit:
(A) a legitimate educational program meeting subsection (b);
(B) reverent, consent-based public memorial or recognition of anatomical donors that does not involve display of remains as spectacle; or
(C) an accredited museum or scientific exhibition conducted with documented consent and appropriate dignity protections, subject to any additional Commission approval.
(e) Media and recording. Recording, photography, or live transmission of educational activities under this section is permitted only consistent with donor consent under §691.028 and applicable dignity protections, including obscuring identifying features. Sale or public distribution of recordings depicting identifiable human remains as spectacle is prohibited.
(f) Treatment with respect. All educational use under this section is subject to the treatment-with-respect standard adopted under §691.022(b). The Qualified Instructor or Bioskills Trainer is responsible for ensuring that conduct during the activity is respectful of the donor and consistent with the dignity of the human remains.
(g) Enforcement. A violation of this section may result in administrative penalties under §691.022(c) and suspension or revocation of registration under §691.034(c) or (d). Conduct prohibited by this section is not an authorized activity under §206.2 of this chapter (relating to Institutional Requirements) and does not fall within the safe harbor of that section.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 26, 2026.
TRD-202602620
Maria Haynes
Interim Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: August 9, 2026
For further information, please call: (512) 936-2488
22 TAC §206.8
The Texas Funeral Service Commission (Commission or TFSC) proposes amendments to §206.8, Forms for Recording of Willed and Donated Bodies, Title 22, Texas Administrative Code (TAC), Chapter 206, regarding Anatomical Facilities, Non-Transplant Anatomical Donation Organizations, and Willed Body Programs.
EXPLANATION OF AND JUSTIFICATION FOR THE RULES. The rules under 22 TAC Chapter 206 implement Texas Health and Safety Code, Chapter 691, Donation of Bodies and Anatomical Specimens, and related provisions of Chapter 692A, Health and Safety Code, and Chapter 651, Occupations Code.
The proposed rule updates Chapter 206 to conform the Commission's anatomical-donation rules to the statutory framework enacted by Senate Bill 2040, 88th Legislature, Regular Session (2023), which transferred regulation of willed body programs, non-transplant anatomical donation organizations, and anatomical facilities to the Commission and redesignated and amended Chapter 691, Health and Safety Code. The proposed rule amends the section governing the forms used to record willed and donated bodies and the complaint-notice information that must be included in a written contract relating to a willed or donated body. The proposed rule replaces the former Anatomical Board references and updates the required complaint-notice language to direct complaints and inquiries to the Commission, and allows the notice to be provided on the contract form itself or on a separate signed acknowledgement kept with the contract and subject to inspection. The proposed rule is necessary to conform the section to Chapter 691 as amended by Senate Bill 2040 and to implement §691.010, Health and Safety Code, which requires the Commission by rule to establish methods by which service recipients are notified of the Commission's name, mailing address, and telephone number for the purpose of directing complaints.
The proposed rule was presented to and discussed by the State Anatomical Advisory Committee at its meeting on June 10, 2026. The Advisory Committee voted and recommended that the proposed rules be published in the Texas Register for public comment.
SECTION-BY-SECTION SUMMARY. The proposed rule amends the section to update the forms and notice requirements for willed and donated bodies. The proposed amendment continues to require entities operating a willed body program and entities or individuals receiving donated bodies, including those authorized under Chapter 692A, to prepare separate forms for pre-death wills under Chapter 691 and post-death donations under Chapter 692A and to deposit a sample with the Commission; replaces the former complaint-notice language directed to the Anatomical Board with language directing complaints and inquiries to the Commission and requiring the name, mailing address, and telephone number of the Commission; and provides that an entity may comply by including the notice on the contract form itself or on a separate notice acknowledgement signed by the donor at execution and kept with the written contract, subject to inspection by the Commission.
FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT. Ms. Maria Haynes, TFSC Executive Director, has determined that for each year of the first five years the proposed rule is in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed rule.
Ms. Haynes has determined that for each year of the first five years the proposed rule is in effect, there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed rule.
LOCAL EMPLOYMENT IMPACT STATEMENT. Ms. Haynes has determined that the proposed rule will not affect a local economy, the agency is not required to prepare a local employment impact statement under Texas Government Code §2001.022.
PUBLIC BENEFITS. Ms. Haynes has determined that for each year of the first five-year period the proposed rule is in effect, the public benefit will be clear and current forms and complaint-notice procedures that direct donor and family complaints and inquiries to the Commission, supporting transparency and accountability in the donation and willed-body process.
PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL. Ms. Haynes has determined that for each year of the first five-year period the proposed rule is in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rule.
FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES. Ms. Haynes has determined there will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed rule. Because the agency has determined that the proposed rule will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code Section 2006.002, is not required.
ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT. The proposed rule does not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Texas Government Code §2001.0045.
GOVERNMENT GROWTH IMPACT STATEMENT. Pursuant to Texas Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed rule. For each year of the first five years the proposed rule will be in effect, the agency has determined the following:
1. The proposed rule does not create or eliminate a government program. The proposed rule implements an existing program transferred to the Commission by Senate Bill 2040.
2. Implementation of the proposed rule does not require the creation of new employee positions or the elimination of existing employee positions.
3. Implementation of the proposed rule does not require an increase or decrease in future legislative appropriations to the agency.
4. The proposed rule does not require an increase or decrease in fees paid to the agency.
5. The proposed rule does not create a new regulation. The proposed rule continues an existing forms-and-notice requirement and updates it to direct complaints to the Commission.
6. The proposed rule expands, limits, or repeals an existing regulation. The proposed rule expands and clarifies existing Chapter 206 requirements and updates them to conform to current statutory structure.
7. The proposed rule does not increase or decrease the number of individuals subject to the rule's applicability.
8. The proposed rule does not adversely affect this state's economy.
TAKINGS IMPACT ASSESSMENT. The Texas Funeral Service Commission has determined that no private real property interests are affected by the proposed rule and the proposed rule does not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rule does not constitute a taking or require a takings impact assessment under Texas Government Code §2007.043.
PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED RULES. The Texas Funeral Service Commission is requesting 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. Any information that is submitted in response to this request must include an explanation of how and why the submitted information is specific to the proposed rule. Please do not submit copyrighted, confidential, or proprietary information.
Comments on the proposed rule and responses to the request for information may be submitted by email to legal@tfsc.texas.gov; or by mail to Maria Haynes, Executive Director, Texas Funeral Service Commission, 1801 Congress Avenue, Suite 11.800, Austin, Texas 78701. The deadline for comments is 30 days after publication in the Texas Register.
STATUTORY AUTHORITY. The proposed rule is proposed under Texas Health and Safety Code, Chapter 691, including §691.010, which requires the Commission to make information of public interest available and by rule to establish methods by which service recipients are notified of the Commission's name, mailing address, and telephone number for the purpose of directing complaints to the Commission; §691.022(c), which requires the Commission to adopt rules, establish procedures, and prescribe forms necessary to administer and enforce the chapter; and §691.028, which governs donation of a body by written instrument. The proposed rule is also proposed under Chapter 692A, Health and Safety Code (Revised Uniform Anatomical Gift Act), and Chapter 651, Occupations Code, including §651.005.
The statutory provisions affected by the proposed rule are those set forth in Texas Health and Safety Code, Chapter 691, and Chapter 692A; and Texas Occupations Code, Chapter 651.
The legislation that enacted the statutory authority under which the proposed rule is proposed to be adopted is Senate Bill 2040, 88th Legislature, Regular Session (2023).
§206.8.
[(a) Member institutions operating a willed body program, and institutions or individuals receiving donated bodies, including those authorized under Health and Safety Code, Chapter 692A, shall prepare separate forms for pre-death wills under Health and Safety Code, Chapter 691 and post-death donations under the Anatomical Gift Act, Health and Safety Code, Chapter 692A. A copy of such forms shall be deposited, as a sample, with the secretary-treasurer.]
[(b)] Each written contract relating to bodies willed or donated to an entity regulated by the commission or authorized by the commission to receive bodies [All Chapter 691 will forms and Chapter 692A donation forms] shall include the name, mailing address, and telephone number of the commission for the purpose of directing complaints to the commission. An entity may comply with this subsection by including this notice on the contract form itself or on a separate notice acknowledgement signed by the donor other authorized individual at the time of execution of the written contract. If the notice is provided separately, the acknowledgement must be kept with the written contract and is subject to inspection by the commission. [incorporate the following: "Complaints or inquiries regarding a willed or donated body should be directed to the secretary-treasurer of the Anatomical Board of the State of Texas. The name and address of this individual may be obtained from the institution to which the body was delivered."]
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 26, 2026.
TRD-202602630
Maria Haynes
Interim Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: August 9, 2026
For further information, please call: (512) 936-2488
22 TAC §206.11
The Texas Funeral Service Commission (Commission) proposes the repeal of §206.11, concerning Institutions Authorized to Receive and Hold Bodies.
BACKGROUND AND PURPOSE. Section 206.11 establishes static lists of "approved" and "disapproved" categories of institutions, organizations, and individuals authorized to receive and hold bodies.
Senate Bill 2040, 88th Legislature, Regular Session (2023) (Act of May 28, 2023, 88th Leg., R.S., ch. 961), effective September 1, 2023, revised the statutory framework governing willed body programs, non-transplant anatomical donation organizations, and anatomical facilities, and transferred regulation to the Commission. Under Texas Health and Safety Code §691.034, a willed body program or non-transplant anatomical donation organization may not operate in this state unless it registers with the Commission in the form and manner the Commission prescribes, and the Commission inspects and may approve willed body programs and anatomical facilities for the receipt and use of bodies and anatomical specimens. Texas Health and Safety Code §691.030 governs the distribution and redistribution of bodies and anatomical specimens to the categories of recipients specified by statute.
The categorical approval and disapproval provisions of §206.11 are duplicative of, and in certain respects inconsistent with, the current statutory registration-and-distribution framework. The Commission therefore proposes to repeal §206.11 as obsolete and duplicative.
FISCAL NOTE. Ms. Maria Haynes, Executive Director of the Texas Funeral Service Commission (Commission), has determined that for the first five-year period the proposed repeal is in effect, there will be no foreseeable fiscal implications for state government or for units of local government as a result of administering or enforcing the repeal.
PUBLIC BENEFIT AND COST NOTE. Ms. Haynes has also determined that for each year of the first five years the proposed repeal is in effect, the public benefit anticipated as a result of the repeal will be a more accurate and current Texas Administrative Code that reflects the statutory registration-and-distribution framework established by Senate Bill 2040, 88th Legislature, Regular Session (2023) (Act of May 28, 2023, 88th Leg., R.S., ch. 961), effective September 1, 2023, and the removal of a provision that is duplicative of statute, which promotes clarity for regulated persons and the public. There is no anticipated economic cost to persons who are required to comply with the repeal as proposed, because the repeal removes existing provisions and imposes no new requirements.
ECONOMIC IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES. The Commission has determined that the proposed repeal will not have an adverse economic effect on small businesses, micro-businesses, or rural communities, because the repeal removes obsolete or duplicative provisions and imposes no new costs or requirements. Accordingly, neither an economic impact statement nor a regulatory flexibility analysis is required under Texas Government Code §2006.002.
LOCAL EMPLOYMENT IMPACT STATEMENT. The proposed repeal will not affect a local economy, so the Commission is not required to prepare a local employment impact statement under Texas Government Code §2001.022.
COSTS TO REGULATED PERSONS. The proposed repeal does not impose a cost on regulated persons and, therefore, is not subject to the requirements of Texas Government Code §2001.0045.
GOVERNMENT GROWTH IMPACT STATEMENT. The Commission has determined that for the first five-year period the proposed repeal is in effect, the following statements apply, pursuant to Texas Government Code §2001.0221 and 34 Texas Administrative Code §11.1:
(1) the proposed repeal does not create or eliminate a government program;
(2) implementation of the proposed repeal does not require the creation of new employee positions or the elimination of existing employee positions;
(3) implementation of the proposed repeal does not require an increase or decrease in future legislative appropriations to the Commission;
(4) the proposed repeal does not require an increase or decrease in fees paid to the Commission;
(5) the proposed repeal does not create a new regulation;
(6) the proposed repeal repeals an existing regulation (§206.11);
(7) the proposed repeal does not increase or decrease the number of individuals subject to the rule's applicability; and
(8) the proposed repeal does not positively or negatively affect this state's economy.
TAKINGS IMPACT ASSESSMENT. The Commission has determined that the proposed repeal does not affect private real property in a manner that would require compensation to private real property owners under the Texas Constitution or the Private Real Property Rights Preservation Act, Texas Government Code Chapter 2007, and does not affect a regulation in a manner that would constitute a taking. Therefore, a takings impact assessment is not required.
MAJOR ENVIRONMENTAL RULE. The proposed repeal is not a major environmental rule as defined by Texas Government Code §2001.0225.
REQUEST FOR PUBLIC COMMENT. Written comments on the proposed repeal may be submitted to Comments on the proposed rule and responses to the request for information may be submitted by email to legal@tfsc.texas.gov; or by mail to Maria Haynes, Executive Director, Texas Funeral Service Commission, 1801 Congress Avenue, Suite 11.800, Austin, Texas 78701. The deadline for comments is 30 days after publication in the Texas Register.
STATUTORY AUTHORITY. The repeal is proposed under Texas Occupations Code §651.152, which requires the Commission to adopt rules, establish procedures, and prescribe forms necessary to administer and enforce Chapter 651; Texas Occupations Code §651.005, which requires the Commission to regulate willed body programs, non-transplant anatomical donation organizations, and anatomical facilities as provided by Chapter 691, Health and Safety Code; and Texas Health and Safety Code §691.034(g), which requires the Commission to adopt rules and procedures necessary to administer the regulation and registration of persons and institutions using bodies and anatomical specimens.
CROSS-REFERENCE TO STATUTE. The proposed repeal implements Texas Health and Safety Code §§691.030, 691.033, and 691.034.
§206.11.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 26, 2026.
TRD-202602623
Maria Haynes
Interim Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: August 9, 2026
For further information, please call: (512) 936-2488
22 TAC §206.12
The Texas Funeral Service Commission (Commission or TFSC) proposes a repeal of §206.12, Application and Inspection of Facilities, Title 22, Texas Administrative Code (TAC), Chapter 206, regarding Anatomical Facilities, Non-Transplant Anatomical Donation Organizations, and Willed Body Programs. The purpose of the proposed repeal is to eliminate the outdated rule and replace it simultaneously with a new more germane rule.
Tex. Gov't Code §2001.0045(b) does not apply to the rule proposed for action because it was determined that no costs are associated with this action, and therefore no costs warrant being offset.
The Commission has analyzed this proposed rulemaking and the analysis is described below for each category of analysis performed.
GOVERNMENT GROWTH IMPACT STATEMENT REQUIRED BY TEX. GOV'T CODE §2001.0221. Ms. Maria Haynes, TFSC Executive Director, has determined that, for the first five years the repeal would be in effect:
1. The repeal does not create or eliminate a government program. The proposed repeal implements an existing program transferred to the Commission by Senate Bill 2040 (88th Leg., R.S.).
2. The repeal does not require a change in work that would require the creation of new employee positions, nor are the rule changes significant enough to reduce work load to a degree that eliminates any existing employee positions.
3. The repeal does not require additional future legislative appropriations.
4. The repeal will not result in an increase in fees paid to the Commission, nor in a decrease in fees paid to the Commission
5. The repeal is not creating a new regulation, except that it is being replaced by a new rule simultaneously to provide for revisions.
6. The repeal will not expand, limit, or repeal an existing regulation.
7. The repeal will not increase or decrease the number of individuals subject to the rule's applicability.
8. The repeal will not negatively or positively affect the state's economy.
FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES. Ms. Haynes has determined there will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed repeal. Because the agency has determined that the proposed repeal will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code Section 2006.002, is not required.
TAKINGS IMPACT ASSESSMENT REQUIRED BY TEX. GOV'T CODE §2007.043. The repeal does not contemplate or authorize a taking by the Commission; therefore, no Takings Impact Assessment is required.
LOCAL EMPLOYMENT IMPACT STATEMENTS REQUIRED BY TEX. GOV'T CODE §2001.024(a)(6). The Commission has evaluated the repeal as to its possible effects on local economies and has determined that for the first five years the repeal would be in effect there would be no economic effect on local employment; therefore, no local employment impact statement is required to be prepared for the rule.
PUBLIC BENEFIT/COST NOTE REQUIRED BY TEX. GOV'T CODE §2001.024(a)(5). Ms. Haynes has determined that for each year of the first five-year period the proposed repeal is in effect, the public benefit will be clearer and more current rules that define the scope of the chapter and the terms used throughout it, implementing Senate Bill 2040 and improving the regulated community's and the public's understanding of the rules. There will not be economic costs to individuals required to comply with the repealed section.
FISCAL NOTE REQUIRED BY TEX. GOV'T CODE §2001.024(a)(4). Ms. Haynes also has determined that for each year of the first five years the repeal is in effect, enforcing or administering the repeal does not have any foreseeable implications related to costs or revenues of the state or local governments.
ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT. The proposed repeal does not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Texas Government Code §2001.0045.
PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED REPEAL. The Texas Funeral Service Commission is requesting public comments on the proposed repeal and information related to the cost, benefit, or effect of the proposed repeal, including any applicable data, research, or analysis. Any information that is submitted in response to this request must include an explanation of how and why the submitted information is specific to the proposed repeal. Please do not submit copyrighted, confidential, or proprietary information.
Comments on the proposed repeal and responses to the request for information may be submitted by email to legal@tfsc.texas.gov; or by mail to Maria Haynes, Executive Director, Texas Funeral Service Commission, 1801 Congress Avenue, Suite 11.800, Austin, Texas 78701. The deadline for comments is 30 days after publication in the Texas Register.
STATUTORY AUTHORITY. The proposed repeal is proposed under Texas Health and Safety Code, Chapter 691, including §691.001, which defines the terms used in the chapter, and §691.022(c), which requires the Commission to adopt rules, establish procedures, and prescribe forms necessary to administer and enforce the chapter. The proposed repeal is also proposed under Chapter 692A, Health and Safety Code, and under Chapter 651, Occupations Code, including §651.005, which directs the Commission to regulate willed body programs, non-transplant anatomical donation organizations, and anatomical facilities as provided by Chapter 691.
The statutory provisions affected by the proposed repeal are those set forth in Texas Health and Safety Code, Chapter 691, and Chapter 692A; and Texas Occupations Code, Chapter 651.
The legislation that enacted the statutory authority under which the proposed repeal is proposed to be adopted is Senate Bill 2040, 88th Legislature, Regular Session (2023).
§206.12.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 26, 2026.
TRD-202602621
Maria Haynes
Interim Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: August 9, 2026
For further information, please call: (512) 936-2488
22 TAC §206.12
The Texas Funeral Service Commission (Commission or TFSC) proposes new §206.12, Registration Application and Inspection of Facilities Required, Title 22, Texas Administrative Code (TAC), Chapter 206, regarding Anatomical Facilities, Non-Transplant Anatomical Donation Organizations, and Willed Body Programs. This proposed change is referred to as the "proposed rule."
EXPLANATION OF AND JUSTIFICATION FOR THE RULE. The rules under 22 TAC Chapter 206 implement Texas Health and Safety Code, Chapter 691, Donation of Bodies and Anatomical Specimens, and related provisions of Chapter 692A, Health and Safety Code, and Chapter 651, Occupations Code.
The proposed rule updates Chapter 206 to conform the Commission's anatomical-donation rules to the statutory framework enacted by Senate Bill 2040, 88th Legislature, Regular Session (2023), which transferred regulation of willed body programs, non-transplant anatomical donation organizations, and anatomical facilities to the Commission and redesignated and amended Chapter 691, Health and Safety Code. The proposed rule establishes the application, registration, inspection, renewal, ownership-change, relocation, and renovation requirements for individuals and entities that receive, use, or transfer donor whole bodies or anatomical specimens under Chapter 691, implementing the Commission's registration and inspection authority under §691.034. The proposed rule is necessary to implement the Commission's mandatory duties under §691.034, Health and Safety Code, which requires willed body programs and non-transplant anatomical donation organizations to register with the Commission, requires the Commission to inspect and may approve willed body programs and anatomical facilities, and requires the Commission to adopt rules and procedures necessary to administer registration and inspection, and the Commission's authority under §691.022(c) to establish registration and inspection requirements and procedures.
Advisory Committee
State Anatomical Advisory Committee meetings were held on December 20, 2023, January 17, 2024, and July 26, 2024, and stakeholder meetings were held on January 17, 2024 and July 24-25, 2024 to discuss the rule on the implementation of Senate Bill 2040, 88th Regular Legislative Session, and Texas Health and Safety Code chapter 691. These meetings involved discussion and rule recommendations on the registration, conditional registration, inspection and verification of accreditation for non-transplant anatomical donation organizations; treatment of donor human body or body part treated with respect while in the custody of authorized person or entities; applications requirements and procedures for initial and renewal authorization/registration with the Commission for the receipt, use, transport or distribution of human bodies or parts; and inspection requirements. Suggestions and comments made during those meetings were considered into developing the proposed rule. The State Anatomical Advisory Committee voted on June 10, 2026 to recommend the publication of the proposed rule in the Texas Register.
SECTION-BY-SECTION SUMMARY. The proposed rule replaces the prior §206.12, which is repealed in a simultaneous rulemaking.
The proposed rule establishes registration, application, and inspection requirements. The proposed rule requires any individual or entity wishing to receive, use, or transfer non-transplant donor whole bodies or anatomical specimens for purposes under Chapter 691 to hold an active and valid registration or authorization before operating in Texas, while exempting an individual who merely attends an event as a student or trainee; specifies the contents of an initial application, including ownership and contact information, a notarized non-ownership statement, facility information, and required documentation of regulatory compliance, consent forms, and internal policies for decedent identification, chain of custody, treatment with dignity and respect, video and photography, and security; requires applicants to pass an on-site inspection unless exempt by statute; provides for issuance, display, and a 12-month term of the authorization or registration certificate; establishes renewal requirements, a late-renewal fee, investigation and non-renewal authority, and cancellation if a renewal application is not received within 60 days of expiration; and establishes requirements for change of ownership, relocation, and renovation, each requiring a new application, the nonrefundable fee, and an on-site inspection.
FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT. Ms. Maria Haynes, TFSC Executive Director, has determined that for each year of the first five years the proposed rule is in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed rule, other than as described in this section.
Ms. Haynes has determined that for each year of the first five years the proposed rule is in effect, there may be an estimated increase in revenue to the state in the form of the application, registration, renewal, inspection, and late-renewal fees collected by the Commission in connection with the registration and inspection requirements of the proposed rule. The amounts of those fees are established under §206.6 of this title and, consistent with §691.012, Health and Safety Code, are set in amounts reasonable and necessary to cover the cost of administering Chapter 691.
LOCAL EMPLOYMENT IMPACT STATEMENT. Because Ms. Haynes has determined that the proposed rule will not affect a local economy, the agency is not required to prepare a local employment impact statement under Texas Government Code §2001.022.
PUBLIC BENEFITS. Ms. Haynes has determined that for each year of the first five-year period the proposed rule is in effect, the public benefit will be a clear and uniform registration and inspection process that ensures only qualified, inspected entities receive, use, or transfer donor bodies and anatomical specimens; protects the dignity of donors; and implements the registration and inspection framework enacted by Senate Bill 2040.
PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL. Ms. Haynes has determined that for each year of the first five-year period the proposed rule is in effect, there will be additional costs to persons who are required to comply with the proposed rule. The proposed rule conditions registration or authorization on payment of the nonrefundable application fee and, on renewal, on payment of the renewal fee and any applicable late-renewal fee, in the amounts established under §206.6 of this title, and requires applicants to prepare and submit application documentation and to pass an on-site inspection unless exempt by statute.
FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES. Ms. Haynes has determined there will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed rule. Because the agency has determined that the proposed rule will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code Section 2006.002, is not required.
ONE-FOR-ONE REQUIREMENT FOR THE RULE WITH A FISCAL IMPACT. The proposed rule has a fiscal note that imposes a cost on regulated persons through the application, renewal, inspection, and late-renewal fees it requires (in the amounts established under §206.6 of this title) and the associated compliance requirements; however, the proposed rule falls under the exceptions for a rule that is necessary to protect the health, safety, and welfare of the residents of this state under Texas Government Code §2001.0045(c)(6), and for a rule that is necessary to implement legislation under §2001.0045(c)(9). The proposed rule implements Chapter 691, Health and Safety Code, as enacted and amended by Senate Bill 2040, 88th Legislature, Regular Session (2023). Therefore, the agency is not required to take any further action under Texas Government Code §2001.0045.
GOVERNMENT GROWTH IMPACT STATEMENT. Pursuant to Texas Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed rule. For each year of the first five years the proposed rule will be in effect, the agency has determined the following:
1. The proposed rule does not create or eliminate a government program. The proposed rule implements an existing program transferred to the Commission by Senate Bill 2040.
2. Implementation of the proposed rule does not require the creation of new employee positions or the elimination of existing employee positions.
3. Implementation of the proposed rule does not require an increase or decrease in future legislative appropriations to the agency.
4. The proposed rule requires an increase in fees paid to the agency, in that it conditions registration, renewal, and related actions on payment of the application, renewal, and late-renewal fees established under §206.6 of this title.
5. The proposed rule creates a new regulation, in that it establishes the registration, application, inspection, renewal, ownership-change, relocation, and renovation requirements implementing §691.034, Health and Safety Code, as amended by Senate Bill 2040.
6. The proposed rule expands, limits, or repeals an existing regulation. The proposed rule expands and clarifies existing Chapter 206 requirements and updates them to conform to current statutory structure.
7. The proposed rule does not increase or decrease the number of individuals subject to the rule's applicability.
8. The proposed rule does not adversely affect this state's economy.
TAKINGS IMPACT ASSESSMENT. The Texas Funeral Service Commission has determined that no private real property interests are affected by the proposed rule and the proposed rule does not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rule does not constitute a taking or require a takings impact assessment under Texas Government Code §2007.043.
PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED RULE. The Texas Funeral Service Commission is requesting 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. Any information that is submitted in response to this request must include an explanation of how and why the submitted information is specific to the proposed rule. Please do not submit copyrighted, confidential, or proprietary information.
Comments on the proposed rule and responses to the request for information may be submitted by email to legal@tfsc.texas.gov; or by mail to Maria Haynes, Executive Director, Texas Funeral Service Commission, 1801 Congress Avenue, Suite 11.800, Austin, Texas 78701. The deadline for comments is 30 days after publication in the Texas Register.
STATUTORY AUTHORITY. The proposed rule is proposed under Texas Health and Safety Code, Chapter 691, including §691.034, which requires willed body programs and non-transplant anatomical donation organizations to register with the Commission, provides for conditional registration, requires the Commission to inspect and may approve willed body programs and anatomical facilities, requires the Commission to establish a process to periodically verify a non-transplant anatomical donation organization's compliance, authorizes investigations and inspections, authorizes suspension or revocation of registration or other authorization, provides for a hearing, and requires the Commission to adopt rules and procedures necessary to administer the section; §691.022(c), which requires the Commission to adopt rules, establish procedures, and prescribe forms necessary to administer and enforce the chapter, including rules establishing registration and inspection requirements and procedures, and authorizes administrative penalties in the manner provided by Chapter 651, Occupations Code; and §691.012, which authorizes the Commission by rule to set and collect fees, including fees for registration and for conducting inspections and verification activities. The proposed rule is also proposed under Chapter 651, Occupations Code, including §651.005.
The statutory provisions affected by the proposed rule are those set forth in Texas Health and Safety Code, Chapter 691; and Texas Occupations Code, Chapter 651.
§206.12.
(a) Authorization or registration required. Any individual or entity wishing to receive, use, or transfer non-transplant donor whole bodies or anatomical specimen for purposes under Chapter 691, Texas Health and Safety Code, must hold an active and valid registration or authorization with the Commission prior to operating in Texas. If an individual is simply attending an event as a student or trainee, no authorization or registration is required by the individual.
(b) Initial Application. An application for an authorization or registration must be made to the commission on a form provided by the commission and accompanied with the required nonrefundable application fee.
(c) The application must contain:
(1) the name, address and phone number of:
(A) the sole proprietor, if the applicant is a sole proprietor;
(B) each general partner who is an individual, if the applicant is a partnership; and
(C) any individual who has an ownership interest of more than 25 percent in the corporation, if the applicant is a corporation.
(2) the legal name of the applicant; a description and diagram of the applicant's ownership structure; contact information; type of legal entity; and a signed notarized statement that the applicant is not owned by a TFSC commissioner or any establishment or individual licensed by the commission under Occupations Code chapter 651.
(3) if different from paragraph (2) of this subsection, the name of the applicant facility, which should be the name the facility does business as or an assumed name that would appear on the authorization or registration and should match any advertisements or facility signage; facility physical and mailing address, telephone number, website, and if licensed by another state agency, the license number and proof that the license is valid and in good standing.
(4) Documentation. The application should include the following documentation:
(A) Proof of compliance with all applicable federal, state and local laws for fire prevention and safety; storage, use and disposal of hazardous chemicals, pathogens, and medical waste; applicable zoning and facility construction requirements;
(B) Proof of compliance with all applicable federal, state and local laws for the storage, use, transfer, and receipt of donor human bodies or body parts, including that of any involved third-party for such actions, including a copy of an active crematory license and/or TCEQ Permit issued under 30 Texas Administrative Code §106.494 (relating to Non-commercial Incinerators and Crematories) if the applicant will perform cremations;
(C) A copy of the applicant's consent forms that would be provided to a potential donor or donor agent;
(D) A copy of the applicant's internal policies and procedures for:
(i) identifying each human body or body part to the individual decedent donor;
(ii) recording the chain of custody for the control or possession of the donor human body or anatomical specimen from receipt to return or disposition of the donor body or body part upon completion of use or purpose;
(iii) treatment of whole body or anatomical specimen with dignity and respect by staff, students, instructors, visitors, and all individuals who will be handling the body or specimen while the body or anatomical specimen is located at the applicant facility;
(iv) video and photography of the decedent donor or during an event in which the donor whole body or anatomical specimen is used;
(v) Security procedures to preclude unauthorized access and use of a donor whole body or anatomical specimen; and
(5) for a non-transplant anatomical organization, proof of accreditation from the AATB, or for a conditional registration application for a non-transplant anatomical organization, a statement that the applicant intends to seek accreditation when or if the organization is eligible. The non-transplant anatomical organization has a continuing obligation to notify the Commission within five (5) business days in the event the organization loses its accreditation with the AATB.
(d) All applicants must pass an on-site inspection, unless exempt by statute, prior to receiving authorization or registration by the Commission to operate in Texas.
(e) After satisfying all application requirements for authorization or registration, the executive director shall issue an authorization or registration certificate to the applicant.
(f) An authorization or registration expires on the last day of the month 12 months from the date of issue listed on the certificate. The certificate shall include the dates for which the authorization or registration is valid. The executive director may issue an authorization or registration for a shorter time period if the facility does not receive, use, or store donor whole bodies or anatomical specimen on a daily basis.
(g) The certificate must be displayed prominently in the authorized entity's facility where personnel and visitors may view.
(h) Renewal Application. Applicants must complete and submit an application for renewal on a form prescribed by the Commission. The renewal period of an authorization or registration is 12 months, unless the certificate is issued for a shorter time period.
(i) A late renewal fee will be assessed for an application for renewal which has been postmarked after its renewal date.
(j) Authorized entities may be inspected upon the submission of a renewal application.
(k) A renewal certificate will not be issued unless:
(1) all fees and outstanding penalties, if any, have been paid;
(2) the Commission's records reflect that the applicant is current on a payment plan; or
(3) the penalties previously assessed are the subject of an administrative hearing or judicial review.
(l) The Commission may investigate any circumstances involved with the renewal of any authorization or registration.
(m) A registration or authorization will be cancelled if the application for renewal is not received within 60 days of the expiration date listed on the authorization or registration certificate.
(n) The Commission may refuse to renew an outstanding registration or authorization certificate.
(o) Subsections (i) and (m) of this section do not apply to authorization or registration certificates issued for a period less than 12 months.
(p) Ownership Change. No authorization or registration may be transferred or assigned from one authorized entity to another without the approval of the commission.
(q) If a change of ownership of an authorized entity is anticipated, in order to ensure continuity of operations or services, the commission shall be informed in writing and the applicant shall submit a new application for authorization or registration and a pay a nonrefundable fee at least 30 days prior to the change of ownership of each authorized entity. The commission will make best efforts to approve or reject the ownership change within 30 days of receipt of a complete application or the entity's last response to a request for clarification or additional documentation.
(r) Relocation. If an authorized entity is relocating, the authorized entity must submit a new registration or authorization application and a pay the nonrefundable fee at least 30 days prior to the relocation.
(s) Renovation. An authorized entity that has undergone major renovations that may affect the entity's compliance with facility standards must submit a new registration or authorization application and pay the nonrefundable fee upon completion of the renovation.
(t) Applicants under subsections (r) and (s) of this section must pass an on-site inspection prior to the Commission approving an authorization or registration.
(u) If the application is approved, an authorization or registration certificate shall be issued to the applicant effective for the dates listed on the certificate. The previous authorization or registration shall be void on the date the new registration or authorization certificate is issued.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 26, 2026.
TRD-202602622
Maria Haynes
Interim Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: August 9, 2026
For further information, please call: (512) 936-2488
22 TAC §206.14
The Texas Funeral Service Commission (Commission or TFSC) proposes a repeal of §206.14, Final Disposition of the Body and Disposition of Remains, Title 22, Texas Administrative Code (TAC), Chapter 206, regarding Anatomical Facilities, Non-Transplant Anatomical Donation Organizations, and Willed Body Programs. The purpose of the proposed repeal is to eliminate the outdated rule and replace it simultaneously with a new more germane rule.
Tex. Gov't Code §2001.0045(b) does not apply to the rule proposed for action because it was determined that no costs are associated with this action, and therefore no costs warrant being offset.
The Commission has analyzed this proposed rulemaking and the analysis is described below for each category of analysis performed.
GOVERNMENT GROWTH IMPACT STATEMENT REQUIRED BY TEX. GOV'T CODE §2001.0221. Ms. Maria Haynes, TFSC Executive Director, has determined that, for the first five years the repeal would be in effect:
1. The repeal does not create or eliminate a government program. The proposed repeal implements an existing program transferred to the Commission by Senate Bill 2040 (88th Leg., R.S.).
2. The repeal does not require a change in work that would require the creation of new employee positions, nor are the rule changes significant enough to reduce work load to a degree that eliminates any existing employee positions.
3. The repeal does not require additional future legislative appropriations.
4. The repeal will not result in an increase in fees paid to the Commission, nor in a decrease in fees paid to the Commission
5. The repeal is not creating a new regulation, except that it is being replaced by a new rule simultaneously to provide for revisions.
6. The repeal will not expand, limit, or repeal an existing regulation.
7. The repeal will not increase or decrease the number of individuals subject to the rule's applicability.
8. The repeal will not negatively or positively affect the state's economy.
FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES. Ms. Haynes has determined there will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed repeal. Because the agency has determined that the proposed repeal will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code Section 2006.002, is not required.
TAKINGS IMPACT ASSESSMENT REQUIRED BY TEX. GOV'T CODE §2007.043. The repeal does not contemplate or authorize a taking by the Commission; therefore, no Takings Impact Assessment is required.
LOCAL EMPLOYMENT IMPACT STATEMENTS REQUIRED BY TEX. GOV'T CODE §2001.024(a)(6). The Commission has evaluated the repeal as to its possible effects on local economies and has determined that for the first five years the repeal would be in effect there would be no economic effect on local employment; therefore, no local employment impact statement is required to be prepared for the rule.
PUBLIC BENEFIT/COST NOTE REQUIRED BY TEX. GOV'T CODE §2001.024(a)(5). Ms. Haynes has determined that for each year of the first five-year period the proposed repeal is in effect, the public benefit will be clearer and more current rules that define the scope of the chapter and the terms used throughout it, implementing Senate Bill 2040 and improving the regulated community's and the public's understanding of the rules. There will not be economic costs to individuals required to comply with the repealed section.
FISCAL NOTE REQUIRED BY TEX. GOV'T CODE §2001.024(a)(4). Ms. Haynes also has determined that for each year of the first five years the repeal is in effect, enforcing or administering the repeal does not have any foreseeable implications related to costs or revenues of the state or local governments.
ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT. The proposed repeal does not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Texas Government Code §2001.0045.
PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED REPEAL. The Texas Funeral Service Commission is requesting public comments on the proposed repeal and information related to the cost, benefit, or effect of the proposed repeal, including any applicable data, research, or analysis. Any information that is submitted in response to this request must include an explanation of how and why the submitted information is specific to the proposed repeal. Please do not submit copyrighted, confidential, or proprietary information.
Comments on the proposed repeal and responses to the request for information may be submitted by email to legal@tfsc.texas.gov; or by mail to Maria Haynes, Executive Director, Texas Funeral Service Commission, 1801 Congress Avenue, Suite 11.800, Austin, Texas 78701. The deadline for comments is 30 days after publication in the Texas Register.
STATUTORY AUTHORITY. The proposed repeal is proposed under Texas Health and Safety Code, Chapter 691, including §691.001, which defines the terms used in the chapter, and §691.022(c), which requires the Commission to adopt rules, establish procedures, and prescribe forms necessary to administer and enforce the chapter. The proposed repeal is also proposed under Chapter 692A, Health and Safety Code, and under Chapter 651, Occupations Code, including §651.005, which directs the Commission to regulate willed body programs, non-transplant anatomical donation organizations, and anatomical facilities as provided by Chapter 691.
The statutory provisions affected by the proposed repeal are those set forth in Texas Health and Safety Code, Chapter 691, and Chapter 692A; and Texas Occupations Code, Chapter 651.
The legislation that enacted the statutory authority under which the proposed repeal is proposed to be adopted is Senate Bill 2040, 88th Legislature, Regular Session (2023).
§206.14.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 26, 2026.
TRD-202602624
Maria Haynes
Interim Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: August 9, 2026
For further information, please call: (512) 936-2488
22 TAC §206.14
The Texas Funeral Service Commission (Commission or TFSC) proposes new §206.14, Disposition of the Body and Disposition of Remains, Title 22, Texas Administrative Code (TAC), Chapter 206, regarding Anatomical Facilities, Non-Transplant Anatomical Donation Organizations, and Willed Body Programs. This proposed change is referred to as the "proposed rule."
EXPLANATION OF AND JUSTIFICATION FOR THE RULES. The rules under 22 TAC Chapter 206 implement Texas Health and Safety Code, Chapter 691, Donation of Bodies and Anatomical Specimens, and related provisions of Chapter 692A, Health and Safety Code, and Chapter 651, Occupations Code.
The proposed rule updates Chapter 206 to conform the Commission's anatomical-donation rules to the statutory framework enacted by Senate Bill 2040, 88th Legislature, Regular Session (2023), which transferred regulation of willed body programs, non-transplant anatomical donation organizations, and anatomical facilities to the Commission and redesignated and amended Chapter 691, Health and Safety Code. The proposed rule amends the section heading and rewrites the section governing the final disposition of a donor whole body or anatomical specimen and the disposition of remains after an authorized entity's use is complete, including return to the providing entity, burial or cremation in compliance with applicable law, and compliance with donor disposition instructions. The proposed rule is necessary to conform the section to Chapter 691 as amended by Senate Bill 2040; implement the Commission's general duties under §691.022, including the treatment-with-respect standard under §691.022(b); and ensure that final disposition occurs in compliance with Occupations Code, Chapter 651, and Health and Safety Code, Chapter 716, and with documented donor instructions.
The proposed rule was presented to and discussed by the State Anatomical Advisory Committee at its meeting on June 10, 2026. The Advisory Committee voted and recommended that the proposed rules be published in the Texas Register for public comment.
SECTION-BY-SECTION SUMMARY. The proposed rule replaces the prior §206.14, which is repealed in a simultaneous rulemaking.
The proposed rule governs final disposition of donor whole bodies and anatomical specimens. The proposed rule provides that, once a donor whole body or anatomical specimen will no longer be used, an authorized entity prohibited by statute from receiving donations directly should return the donor to the providing entity or, in accordance with the instructions from the donor deliver the same to a licensed crematory and if permitted by the donor, inter or scatter the ashes, and an authorized entity permitted to receive donations directly is to bury or cremate the body in compliance with Occupations Code, Chapter 651, Health and Safety Code, Chapter 716, and the Commission's rules; requires the authorized entity to comply with the donor's or donor agent's instructions regarding final disposition to the extent consistent with applicable law, including the return of cremated remains to the designated individual. If remains are to be returned, the cremation chamber must be cleaned between each use and remains cannot be commingled. The proposed rule does not require the cremation or return of residual soft tissue consumed in the process or research or education, provided the requirements of state law for disposal of this tissue are followed.
FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT. Ms. Maria Haynes, Texas Funeral Service Commission Executive Director, has determined that for each year of the first five years the proposed rule is in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed rule.
Ms. Haynes has determined that for each year of the first five years the proposed rule is in effect, there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed rule.
LOCAL EMPLOYMENT IMPACT STATEMENT. Ms. Haynes has determined that the proposed rule will not affect a local economy, the agency is not required to prepare a local employment impact statement under Texas Government Code §2001.022.
PUBLIC BENEFITS. Ms. Haynes has determined that for each year of the first five-year period the proposed rule is in effect, the public benefit will be the dignified and lawful final disposition of donated human remains in compliance with applicable law and documented donor instructions, including the return of remains to designated individuals.
PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL. Ms. Haynes has determined that for each year of the first five-year period the proposed rule is in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rule.
FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES. Ms. Haynes has determined there will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed rule. Because the agency has determined that the proposed rule will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code Section 2006.002, is not required.
ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT. The proposed rule does not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Texas Government Code §2001.0045.
GOVERNMENT GROWTH IMPACT STATEMENT. Pursuant to Texas Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed rule. For each year of the first five years the proposed rule will be in effect, the agency has determined the following:
1. The proposed rule does not create or eliminate a government program. The proposed rule implements an existing program transferred to the Commission by Senate Bill 2040.
2. Implementation of the proposed rule does not require the creation of new employee positions or the elimination of existing employee positions.
3. Implementation of the proposed rule does not require an increase or decrease in future legislative appropriations to the agency.
4. The proposed rule does not require an increase or decrease in fees paid to the agency.
5. The proposed rule does not create a new regulation. The proposed rule replaces and updates the prior disposition provisions to conform to current statutory structure.
6. The proposed rule expands, limits, or repeals an existing regulation. The proposed rule expands and clarifies existing Chapter 206 requirements and updates them to conform to current statutory structure.
7. The proposed rule does not increase or decrease the number of individuals subject to the rule's applicability.
8. The proposed rule does not adversely affect this state's economy.
TAKINGS IMPACT ASSESSMENT. The Texas Funeral Service Commission has determined that no private real property interests are affected by the proposed rule and the proposed rule does not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rule does not constitute a taking or require a takings impact assessment under Texas Government Code §2007.043.
PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED RULES. The Texas Funeral Service Commission is requesting 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. Any information that is submitted in response to this request must include an explanation of how and why the submitted information is specific to the proposed rule. Please do not submit copyrighted, confidential, or proprietary information.
Comments on the proposed rule and responses to the request for information may be submitted by email to legal@tfsc.texas.gov; or by mail to Maria Haynes, Executive Director, Texas Funeral Service Commission, 1801 Congress Avenue, Suite 11.800, Austin, Texas 78701. The deadline for comments is 30 days after publication in the Texas Register.
STATUTORY AUTHORITY. The proposed rule is proposed under Texas Health and Safety Code, Chapter 691, including §691.022, which requires the Commission to adopt rules to ensure that each body and anatomical specimen is treated with respect and to adopt rules, establish procedures, and prescribe forms necessary to administer and enforce the chapter; §691.030, which governs the Commission's distribution and redistribution of bodies and anatomical specimens; and §691.033, which authorizes the use of bodies and anatomical specimens and requires recordkeeping that tracks each body or anatomical specimen from intake to final disposition. The proposed rule is also proposed under Chapter 651, Occupations Code, including §651.005, and is adopted consistent with Chapter 716, Health and Safety Code (crematory services).
The statutory provisions affected by the proposed rule are those set forth in Texas Health and Safety Code, Chapter 691, and Chapter 716; and Texas Occupations Code, Chapter 651.
The legislation that enacted the statutory authority under which the proposed rule is proposed to be adopted is Senate Bill 2040, 88th Legislature, Regular Session (2023).
§206.14.
(a) Once a donor whole body or anatomical specimen will no longer be used by an authorized entity:
(1) if the authorized entity is prohibited by statute from receiving a whole body or anatomical specimen donation directly from a donor or donor's agent, then upon completion of use of the whole body or anatomical specimen, the authorized entity should return the donor whole body or anatomical specimen to the providing entity or a crematory establishment licensed under Occupations Code, Chapter 651, or the equivalent laws of another state, designated by the providing entity who shall, following cremation of the remains, return them to the providing entity, if permitted by the donor or donor agent's instructions, directly to the individual designated by the donor or donor's agent, or if permitted by the donor or donor agent's instructions, by internment or scattering of the cremated remains in accordance with all applicable state and local laws; and
(2) if the authorized entity is permitted by statute to receive a whole body or anatomical specimen donation directly from a donor or donor's agent, then upon completion of use of the whole body or anatomical specimen, the authorized entity is to bury, incinerate or cremate the body in compliance with Occupations Code chapter 651, Health and Safety Code chapter 716, and the commission's rules of this title, 30 TAC §106.494 (relating to Non-commercial Incinerators and Crematories), and any other applicable federal, state or local law.
(b) If the donor or donor's agent left instructions regarding the disposition of the donor's body after the authorized entity's use for the donor is completed, the authorized entity must comply with the donor's or donor agent's instructions to the extent they are consistent with applicable law and regulations, including the return of cremated remains to the individual designated by the donor or donor's agent. If residual remains are to be returned, the cremation chamber must be completely cleaned before subsequent use, and the remains must not be commingled.
(c) This section does not require the return or cremation of residual soft tissue not connected to bone or bone fragments consumed in the process of research or education by an authorized entity, provided the residual soft tissue is disposed in accordance with 25 TAC §1.136 (relating to Approved Methods of Treatment and Disposition).
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 26, 2026.
TRD-202602625
Maria Haynes
Interim Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: August 9, 2026
For further information, please call: (512) 936-2488
22 TAC §206.21
The Texas Funeral Service Commission (Commission) proposes the repeal of §206.21, concerning Statement of the Willed Body Program.
BACKGROUND AND PURPOSE. Section 206.21 provides that each authorized institution or organization that avails itself of the option of conducting a willed body program should provide the secretary-treasurer of the board with a statement of its program, and that an applicant seeking authorization for the first time should include a statement of the provisional willed body program in its application.
The section refers to the "board" and its "secretary-treasurer" - the Anatomical Board of the State of Texas and an office of that board - which no longer perform regulatory functions following Senate Bill 2040, 88th Legislature, Regular Session (2023) (Act of May 28, 2023, 88th Leg., R.S., ch. 961), effective September 1, 2023, which transferred regulation of willed body programs to the Commission. Under Texas Health and Safety Code §691.034, a willed body program now registers with the Commission in the form and manner the Commission prescribes.
Because §206.21 references offices that no longer exist and is duplicative of the statutory registration requirement, the Commission proposes to repeal it as obsolete.
FISCAL NOTE. Ms. Maria Haynes, Executive Director of the Texas Funeral Service Commission (Commission), has determined that for the first five-year period the proposed repeal is in effect, there will be no foreseeable fiscal implications for state government or for units of local government as a result of administering or enforcing the repeal.
PUBLIC BENEFIT AND COST NOTE. Ms. Haynes has also determined that for each year of the first five years the proposed repeal is in effect, the public benefit anticipated as a result of the repeal will be a more accurate and current Texas Administrative Code that no longer references a board and an office that no longer exist, consistent with the registration framework established by Senate Bill 2040, 88th Legislature, Regular Session (2023) (Act of May 28, 2023, 88th Leg., R.S., ch. 961), effective September 1, 2023, which promotes clarity for regulated persons and the public. There is no anticipated economic cost to persons who are required to comply with the repeal as proposed, because the repeal removes existing provisions and imposes no new requirements.
ECONOMIC IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES. The Commission has determined that the proposed repeal will not have an adverse economic effect on small businesses, micro-businesses, or rural communities, because the repeal removes obsolete or duplicative provisions and imposes no new costs or requirements. Accordingly, neither an economic impact statement nor a regulatory flexibility analysis is required under Texas Government Code §2006.002.
LOCAL EMPLOYMENT IMPACT STATEMENT. The proposed repeal will not affect a local economy, so the Commission is not required to prepare a local employment impact statement under Texas Government Code §2001.022.
COSTS TO REGULATED PERSONS. The proposed repeal does not impose a cost on regulated persons and, therefore, is not subject to the requirements of Texas Government Code §2001.0045.
GOVERNMENT GROWTH IMPACT STATEMENT. The Commission has determined that for the first five-year period the proposed repeal is in effect, the following statements apply, pursuant to Texas Government Code §2001.0221 and 34 Texas Administrative Code §11.1:
(1) the proposed repeal does not create or eliminate a government program;
(2) implementation of the proposed repeal does not require the creation of new employee positions or the elimination of existing employee positions;
(3) implementation of the proposed repeal does not require an increase or decrease in future legislative appropriations to the Commission;
(4) the proposed repeal does not require an increase or decrease in fees paid to the Commission;
(5) the proposed repeal does not create a new regulation;
(6) the proposed repeal repeals an existing regulation (§206.21);
(7) the proposed repeal does not increase or decrease the number of individuals subject to the rule's applicability; and
(8) the proposed repeal does not positively or negatively affect this state's economy.
TAKINGS IMPACT ASSESSMENT. The Commission has determined that the proposed repeal does not affect private real property in a manner that would require compensation to private real property owners under the Texas Constitution or the Private Real Property Rights Preservation Act, Texas Government Code Chapter 2007, and does not affect a regulation in a manner that would constitute a taking. Therefore, a takings impact assessment is not required.
MAJOR ENVIRONMENTAL RULE. The proposed repeal is not a major environmental rule as defined by Texas Government Code §2001.0225.
REQUEST FOR PUBLIC COMMENT. Written comments on the proposed repeal may be submitted to Comments on the proposed rule and responses to the request for information may be submitted by email to legal@tfsc.texas.gov; or by mail to Maria Haynes, Executive Director, Texas Funeral Service Commission, 1801 Congress Avenue, Suite 11.800, Austin, Texas 78701. The deadline for comments is 30 days after publication in the Texas Register.
STATUTORY AUTHORITY. The repeal is proposed under Texas Occupations Code §651.152, which requires the Commission to adopt rules, establish procedures, and prescribe forms necessary to administer and enforce Chapter 651; Texas Occupations Code §651.005, which requires the Commission to regulate willed body programs, non-transplant anatomical donation organizations, and anatomical facilities as provided by Chapter 691, Health and Safety Code; and Texas Health and Safety Code §691.034(g), which requires the Commission to adopt rules and procedures necessary to administer the regulation and registration of persons and institutions using bodies and anatomical specimens.
CROSS-REFERENCE TO STATUTE. The proposed repeal implements Texas Health and Safety Code §691.034.
§206.21.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 26, 2026.
TRD-202602626
Maria Haynes
Interim Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: August 9, 2026
For further information, please call: (512) 936-2488
22 TAC §206.22
The Texas Funeral Service Commission (Commission) proposes the repeal of §206.22, concerning Requirement for Self-Sufficiency.
BACKGROUND AND PURPOSE. Section 206.22 provides that schools and other major users of cadavers should establish a willed body program with the goal of becoming self-sufficient in obtaining cadavers for their own use within four years of instituting the program.
The provision is aspirational and non-binding, and it does not correspond to the current statutory framework. Following Senate Bill 2040, 88th Legislature, Regular Session (2023) (Act of May 28, 2023, 88th Leg., R.S., ch. 961), effective September 1, 2023, the Commission distributes and redistributes bodies and anatomical specimens under Texas Health and Safety Code §691.030, giving priority to the schools and colleges that need bodies for lectures and demonstrations and otherwise distributing proportionately and equitably according to student enrollment.
Because §206.22 is aspirational, non-binding, and does not correspond to the current statutory distribution framework, the Commission proposes to repeal it as obsolete.
FISCAL NOTE. Ms. Maria Haynes, Executive Director of the Texas Funeral Service Commission (Commission), has determined that for the first five-year period the proposed repeal is in effect, there will be no foreseeable fiscal implications for state government or for units of local government as a result of administering or enforcing the repeal.
PUBLIC BENEFIT AND COST NOTE. Ms. Haynes has also determined that for each year of the first five years the proposed repeal is in effect, the public benefit anticipated as a result of the repeal will be a more accurate and current Texas Administrative Code that reflects the statutory distribution framework established by Senate Bill 2040, 88th Legislature, Regular Session (2023) (Act of May 28, 2023, 88th Leg., R.S., ch. 961), effective September 1, 2023, and the removal of an aspirational, non-binding provision, which promotes clarity for regulated persons and the public. There is no anticipated economic cost to persons who are required to comply with the repeal as proposed, because the repeal removes existing provisions and imposes no new requirements.
ECONOMIC IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES. The Commission has determined that the proposed repeal will not have an adverse economic effect on small businesses, micro-businesses, or rural communities, because the repeal removes obsolete or duplicative provisions and imposes no new costs or requirements. Accordingly, neither an economic impact statement nor a regulatory flexibility analysis is required under Texas Government Code §2006.002.
LOCAL EMPLOYMENT IMPACT STATEMENT. The proposed repeal will not affect a local economy, so the Commission is not required to prepare a local employment impact statement under Texas Government Code §2001.022.
COSTS TO REGULATED PERSONS. The proposed repeal does not impose a cost on regulated persons and, therefore, is not subject to the requirements of Texas Government Code §2001.0045.
GOVERNMENT GROWTH IMPACT STATEMENT. The Commission has determined that for the first five-year period the proposed repeal is in effect, the following statements apply, pursuant to Texas Government Code §2001.0221 and 34 Texas Administrative Code §11.1:
(1) the proposed repeal does not create or eliminate a government program;
(2) implementation of the proposed repeal does not require the creation of new employee positions or the elimination of existing employee positions;
(3) implementation of the proposed repeal does not require an increase or decrease in future legislative appropriations to the Commission;
(4) the proposed repeal does not require an increase or decrease in fees paid to the Commission;
(5) the proposed repeal does not create a new regulation;
(6) the proposed repeal repeals an existing regulation (§206.22);
(7) the proposed repeal does not increase or decrease the number of individuals subject to the rule's applicability; and
(8) the proposed repeal does not positively or negatively affect this state's economy.
TAKINGS IMPACT ASSESSMENT. The Commission has determined that the proposed repeal does not affect private real property in a manner that would require compensation to private real property owners under the Texas Constitution or the Private Real Property Rights Preservation Act, Texas Government Code Chapter 2007, and does not affect a regulation in a manner that would constitute a taking. Therefore, a takings impact assessment is not required.
MAJOR ENVIRONMENTAL RULE. The proposed repeal is not a major environmental rule as defined by Texas Government Code §2001.0225.
REQUEST FOR PUBLIC COMMENT. Written comments on the proposed repeal may be submitted to Comments on the proposed rule and responses to the request for information may be submitted by email to legal@tfsc.texas.gov; or by mail to Maria Haynes, Executive Director, Texas Funeral Service Commission, 1801 Congress Avenue, Suite 11.800, Austin, Texas 78701. The deadline for comments is 30 days after publication in the Texas Register.
STATUTORY AUTHORITY. The repeal is proposed under Texas Occupations Code §651.152, which requires the Commission to adopt rules, establish procedures, and prescribe forms necessary to administer and enforce Chapter 651; Texas Occupations Code §651.005, which requires the Commission to regulate willed body programs, non-transplant anatomical donation organizations, and anatomical facilities as provided by Chapter 691, Health and Safety Code; and Texas Health and Safety Code §691.034(g), which requires the Commission to adopt rules and procedures necessary to administer the regulation and registration of persons and institutions using bodies and anatomical specimens.
CROSS-REFERENCE TO STATUTE. The proposed repeal implements Texas Health and Safety Code §691.030.
§
206.22.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 26, 2026.
TRD-202602627
Maria Haynes
Interim Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: August 9, 2026
For further information, please call: (512) 936-2488