Current through Reg. 49, No. 38; September 20, 2024
(a) The licensee
shall be knowledgeable of and adhere to all applicable federal and state laws,
rules, codes, and all procedures established by the Commission. It is the
obligation of the licensee to exercise reasonable judgment and skill in the
performance of all duties and work performed as a licensee.
(b) A licensee who performs his or her duties
in a negligent or incompetent manner, or does not perform his or her duties
with honesty, integrity, or in a trustworthy manner violates Texas Occupation
Code §651.459.
(c) Integrity.
(1) A licensee shall be honest and
trustworthy in the performance of all duties and work performed as a licensee
and shall avoid misrepresentation and deceit in any fashion, whether by acts of
commission or omission.
(2) A
licensee shall refrain from engaging in acts or practices that constitute
threats, coercion, or extortion.
(3) A licensee shall respect a consumer's
right of personal choice and decisions with regard to making
arrangements.
(d) The
primary duty of the licensee is to ensure compliance with all applicable
federal and state laws, rules, and codes. The licensee's position should be
clear to all parties concerned while in the performance of all duties and work
performed as a licensee.
(e)
Specific Rules of Conduct.
(1) A licensee
shall provide services to client families without regard to religion, race,
color, national origin, sex, sexual orientation or disability.
(2) A licensee shall provide to consumers and
prospective consumers, where applicable, all statutorily required
documentation, pricing information, and any other information concerning
funerals, cremations, burials, pricing, merchandise, and services, including a
consumer brochure and retail price list, in a manner which is neither unfair
nor deceptive.
(3) A licensee shall
protect from disclosure confidential information pertaining to the deceased or
the family of the deceased.
(4) A
licensee shall account properly for and remit any monies, documents, or
personal property that belongs to others that comes into the licensees'
possession.
(5) A licensee shall
not participate, whether individually or in concert with others, in any plan,
scheme, or arrangement attempting or having as its purpose, which he/she knew
or should have known was the evasion of any provision of the laws or the rules
of the Commission.
(6) A licensee
shall not provide information he or she knew or should have known was
inaccurate, deceitful, or misleading to the Commission or a consumer while
performing as a licensee.
(7) A
licensee shall not engage in any activity that constitutes dishonesty,
misrepresentation, or fraud while performing as a licensee.
(8) A licensee shall not solicit business or
offer inducement to secure or attempt to secure business except where
authorized by law.
(9) A licensee
shall not violate any statute, ordinance, or regulation affecting the handling,
custody, care or transportation of a decedent.
