Sec. 651.459.  OTHER UNETHICAL CONDUCT IN PROVIDING FUNERAL SERVICES.  (a)  A person violates this chapter if the person:
(1)  wilfully makes a false statement on:
(A)  a death certificate, including forgery of a physician's signature;  or
(B)  a document required by this chapter or a rule adopted under this chapter;
(2)  engages in fraudulent, unprofessional, or deceptive conduct in providing funeral services or merchandise to a customer;
(3)  engages in dishonest conduct, wilful conduct, or negligence in the practice of embalming or funeral directing that is likely to or does deceive, defraud, or otherwise injure the public;
(4)  causes the execution of a document by the use of fraud, deceit, or misrepresentation;
(5)  directly or indirectly employs a person to solicit individuals or institutions by whose influence dead human bodies may be turned over to a particular funeral director, embalmer, or funeral establishment;
(6)  misappropriates funds held by a license holder, a funeral establishment, an employee or agent of the funeral establishment, or another depository, that create an obligation to provide a funeral service or merchandise, including retaining for an unreasonable time excess funds paid by or on behalf of the customer for which the customer is entitled to a refund;  or
(7)  performs acts of funeral directing or embalming that are outside the licensed scope and authority of the license holder, or performs acts of funeral directing or embalming in a capacity other than that of an employee, agent, subcontractor, or assignee of a licensed funeral establishment that has contracted to perform those acts.
(b)  A funeral director or embalmer violates this chapter if the funeral director or embalmer states or implies that a customer's concern with the cost of any funeral service or funeral merchandise is improper or indicates a lack of respect for the deceased.
(c)  A funeral director in charge violates this chapter if the funeral director in charge fails to provide a funeral director or an embalmer for direction or personal supervision for a first call.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 562, Sec. 28, eff. Sept. 1, 2003.