(a) Each application for licensure shall contain the name to be used on the license.
(b) Upon receiving an application for a new establishment license, the Commission shall review establishment names in its database. The Commission shall issue the license in the requested name when all licensing requirements are satisfied, unless the Commission determines that the name is deceptively or substantially similar to the name of another licensed establishment in the same county, metropolitan area, municipality, or service area. In these instances, the Executive Director shall deny a license for a name that is deceptively or substantially similar to the name of another establishment, unless that establishment agrees in writing to the name's use.
(c) An establishment's licensed name may be changed by following the procedure outlined in §203.9 of this title (relating to Licensure of Funeral Establishments and Commercial Embalming Establishments) and by satisfying the requirements of subsection (b) of this section.
(d) An applicant for approval of a new or changed name may appeal the Executive Director's denial of the request to the Commissioners. The Commissioners' decision is final.
(e) All advertising on a website controlled by an entity licensed by the Commission must operate as follows:
  (1) The licensed name of the entity, or a registered trademark or registered trade name belonging to the licensed entity and the establishment's license number must appear on the contact information page.
  (2) Irrespective of the name on the website, provisions must be made on the website so that an individual who wishes to enter into a funeral-related transaction must not be able to complete such a transaction without openly and apparently dealing with the licensed entity under the licensed name as reflected in the records of the Commission.
  (3) All locations advertised shall be licensed by the Commission.
(f) No funeral establishment, commercial embalming establishment, or crematory shall advertise in a manner which is false, misleading, or deceptive.
(g) A cremation society's website and any advertising shall be linked with a licensed funeral establishment or licensed crematory establishment. The licensed funeral establishment and its location shall be provided on the website or advertising.

Source Note: The provisions of this §203.11 adopted to be effective October 18, 2015, 40 TexReg 7065; amended to be effective October 3, 2019, 44 TexReg 5625