April 10, 1997, Laura K. Saegert, Appraisal Archivist
This agency contact information was current at the time of the report but may have changed in the interim. Please call (512-463-5455) for current contact information of the agency's records manager or records liaison for these records.
Kathy Sandusky
Funeral Service Commission
510 South Congress, Suite 206
Austin, TX 78704
The Funeral Service Commission was established as the State Board
of Embalming in 1903 (SB 76, 28th Legislature, Regular Session,)
to license and regulate embalmers in containing contagious diseases
that affected public health. In 1938 the law was amended to encompass
funeral directors. The revised statute prohibited licensees from
using fraud or misrepresentation in the conduct of business, using
false or misleading advertising, soliciting, and refusing to promptly
surrender a body, thus changing the agency's mission from the
protection of public health to the protection of public welfare.
In 1953 the agency became the State Board of Morticians (SB 21,
53rd Legislature, Regular Session).
With some changes, the organization and functions of the Board
remained the same until 1978, when it underwent the Sunset review
process for the first time. The Sunset Advisory Commission recommended
that the board be abolished and its responsibilities be placed
within the Texas Department of Health. After considerable debate,
the legislature continued the agency, expanding its board to nine
members in 1979. Its authority to protect the public was also
expanded. In 1987 the legislature renamed the agency the Texas
Funeral Service Commission and granted it authority to assess
administrative penalties (SB 95, 70th Legislature, Regular Session).
Following Sunset review in 1991 the Legislature gave the Commission
additional authority to enforce laws regarding prepaid funerals
and vital statistics and health (SB 284, 71st Legislature, Regular
Session).
The policy making body of the Funeral Service Commission is
a nine-member commission, appointed by the governor with concurrence
of the senate for overlapping, six-year terms. The initial Board
consisted of five licensed embalmers, changing to six embalmers
in 1939. In 1979, the Board expanded to nine members. Five were
to be licensed embalmers or funeral directors in the state, with
a minimum of five years' consecutive experience immediately preceding
appointment. Of the five, at least three were embalmers. The remaining
four members represented the general public and could not be subject
to the board's regulation. In 1991, the composition of the Board
was changed from four to five consumer members and from five to
four licensed members, and the governor was given the responsibility
for appointing the chair. These are non-salaried positions and
no member may serve more than one term.
The commission issues licenses for embalmers, funeral directors,
and funeral establishments; inspects funeral establishments; reviews
complaints; and holds disciplinary hearings. Through the Texas
Deceptive Trade Practices Act consumers can file action in court
for damages from funeral providers. The agency receives about
250 complaints a year and uses the State Office of Administrative
Hearings to hear cases. The commission regulates approximately
5,000 licensed individuals representing 8,500 licenses, 1,200
licensed funeral establishments, and 350 provisional licenses.
The agency is headed by an executive director, and as of 1996,
consisted of 10 FTE (full-time equivalent) employees.
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I was assigned to review the records of this agency in March
1996. I have reviewed the agency history in the Guide to Texas
State Agencies (1996, 9th ed., 1993, 8th ed.); Manual of Texas
State Government (1950); Vernon's Ann. Civ. St., Article 4582b;
22 Texas Administrative Code, Part X; several reports produced
by the Funeral Service Commission-Annual financial report for
FY 1995, Request for Legislative Appropriations for FY 94 and
FY 95, and the Strategic plan for 1995-1999; and the Sunset Commission
report on the agency, 1991. I have reviewed the destruction requests
from the Funeral Service Commission and State Board of Morticians,
their records retention schedule, and the records of the Funeral
Service Commission and State Board of Morticians already held
in the State Archives.
On the current records retention schedule of the Commission
there are five series designated as archival ("A" code), and eight
series designated for archival review ("R" code). The archival
series are Licensing logs, Biennial budget requests,
Meeting agenda, Meeting minutes, and Organization
charts. The archival review series are Examinations - record
copy, Answer key for exam, Funeral homes files,
Administrative correspondence, Legal opinions and advice
from agency's legal counsel, Press releases, Publication
files, and Administrative reports.
Additionally, I reviewed the series Annual financial reports
(in place of a narrative annual report), and Strategic plans,
a series which needs to be added to the schedule.
I prepared a list of questions concerning series on the retention
schedule with archival codes of "R" or "A" and mailed these along
with our letter of introduction to the Executive Director and
the records administrator. On January 23, 1997, the records consultant,
Sue Lawson, and I met with the agency's executive director, Elisa
May, the records administrator, Kathy Sandusky, and two other
staff members, Earl Monreal, and Michelle Dobbins, to ask questions
about specific records series and answer questions about the appraisal
process. We discussed several issues, including an electronic
database the agency has recently set up which extracts information
from the funeral home files, minutes of the Commission, the licensing
log, and the seeming lack of a separate series of administrative
correspondence. The Commission has recently starting sending the
required copies of the minutes to the Archives. They may not have
minutes dating back to the original State Board of Embalming in
1903, but will look for these files. Also, the staff had not been
sending the record copy of the licensing roster to the Secretary
of State, but they will begin doing so.
Administrative correspondence concerning the funeral homes is
filed in the series, Funeral home files, an archival review ("R")
series on the retention schedule. I was informed that the former
executive director last spring had a staff member go through those
files and dispose of the correspondence without having the Archives
and Information Services Division review the contents. I reminded
the staff that this was an "R" series on the schedule and records
could not be disposed of from any of the "A" or "R" series on
the schedule until those records had been reviewed by the Archives
and Information Services Division of the Texas State Library.
Also, they have created a database containing some of the same
information found in the funeral home files, but the hard copy
files are still the record copy. The database may need to be added
to the schedule.
I went back to the agency for a site visit on February 13, 1997,
along with their records consultant, Sue Lawson, to review the
records myself. Sue was assisting them with a records inventory.
I reviewed the files on most of the existing "A" and "R" series
and on a series to be added to the schedule, a policies and procedure
manual. I discovered the agency had some old administrative correspondence/subject
files, which are similar to the administrative correspondence
files the new executive director is now maintaining. The old files
stop in 1991, the new ones start about 1995. Staff members informed
me that when the previous executive director left, he took some
files with him, which likely accounts for the gap in these records.
I made several follow-up calls after the second meeting to get
enough information to complete the appraisal report.
There is one series of possible archival value not currently
on the schedule which will be reviewed, Policies and procedures
manual.
Archives Holdings
Minutes of the State Board of Morticians, 1980-1985, fractional.
Minutes of the State Board of Morticians, containing committee
reports and discussions of issues brought before the Board, such
as rules and regulations; licenses issued, renewed, or revoked;
complaints; fees; and continuing education.
Minutes of the Funeral Service Commission, 1987-1989, fractional.
Minutes of the Funeral Service Commission, containing committee
reports and discussions of issues brought before the Board, such
as rules and regulations; licenses issued, renewed, or revoked;
complaints; fees; and continuing education.
Annual rules and regulations, 1966-1967, 1973-1974, fractional.
These are printed rules produced by the State Board of Morticians
for embalmers, funeral directors, and funeral establishments.
These are published and also on file in the State Publications
Depository Program at the State Library.
Files of defunct funeral homes, 1954-1985, 9 cubic feet.
These files consist of correspondence, applications for licenses
and renewals, field reports, cards listing contacts with funeral
homes, certificates, clippings, legal documents, and photographs.
The Archives files cover only defunct funeral homes through 1985.
Files of operating funeral homes and recently defunct homes are
still held at the agency, and date from 1954-ongoing. For a fuller
description of these files, see the series report, Funeral home
files.
Funeral directors, Embalmers, and Funeral Establishments,
Names of All Duly Licensed, 1980-1982, 0.1 cubic foot. This
series consists of annual reports of the State Board of Morticians
which contain lists of duly licensed funeral directors, embalmers,
and funeral establishments. Dates covered are 1980-1982. The lists
of funeral establishments provide the license number, name of
establishment, and city. The lists of funeral directors and embalmers
provide the license number, name, city, and state.
The reports contain brief sections on the Board's history and
responsibilities, funding, board membership and officers, and
statistics on exams, compliance, and enforcement. The current
roster of licensees on the schedule is titled Licensing logs.
Organization chart, 1996, fractional. Organization charts
graphically illustrate the administrative structure of different
functional units within the agency.
Press releases, fractional. These are news or press releases
issued by the State Board of Morticians, dating 1983-1987, regarding
Board appointments, changes in rules and regulations, and changes
in legislation affecting the agency. According to agency staff,
the Commission no longer issues press releases.
Previous Destructions
Several destruction requests have been submitted by the agency.
In 1987 a request was submitted for the destruction of establishment
and individual licenses voided through August 31, 1985. In 1989
a request was submitted for the destruction of embalmer apprentice
files before school, dating prior to September 1, 1979. Additional
requests in 1995 requested the destruction of general correspondence
(no dates given); and fiscal records for FY 1988-1991, including
vouchers, ledgers, inventory sheets, financial reports, and registers.
All of these requests were approved.
Project outcome
The appraisal of the agency's records is complete. Following
are instructions for changes to series on the records retention
schedule of the Funeral Service Commission, primarily changing,
adding, or removing archival codes, to be completed during the
next recertification of the schedule. Archival records whose retention
has expired can now be transferred to the Archives and Information
Services Division of the Library and Archives Commission at the
agency's earliest convenience. Series containing records eligible
for transfer are noted.
Archival series
The following series remain on the schedule as archival:
Series 27a, Meeting minutes. Since the minutes are
now maintained as part of a set of meeting files, I suggest
changing the series name on the schedule to Meeting files. Copies
of meeting agenda should be filed here with the minutes. Transfer
copies of minutes and agenda and/or meeting files, dating early
1987 and 1990-1996 to the Library and Archives Commission at
the agency's earliest convenience. If minutes dating pre-1980
are located at some point, transfer copies of those files to
the Archives. Future transfers of minutes/meeting files can
be sent to the Archives on an annual basis, or regularly after
the Commission meetings.
Series 31, Organization chart. Transfer
copies of organization charts to the Archives as they become
superseded. A copy of the chart for 1996 has already been transferred
to the Archives.
The following archival review series have been appraised to
be archival. The archival code of "R" for these series needs to
be changed to "A" on the retention schedule. Series 21, Administrative
correspondence. Transfer the correspondence dating 1985-1991 to
the Archives and Information Services Division at the agency's
earliest convenience as it has fulfilled its retention period.
Further transfers of administrative correspondence should be done
annually, when the retention period has expired.
Series 25, Legal opinions and advice from agency's legal
counsel. When the records have fulfilled their retention
period, transfer the legal opinions and advice to the Archives
and Information Services Division. We do not wish to obtain
the cease and desist letters sent to the funeral homes. If the
letters cannot be separated from the opinions, transfer the
entire series and we will remove them at a later date.
Other archival series are:
Series 26, Meeting agenda. Since the agency now files
the agenda with the minutes in the meeting files and has indicated
they will continue this practice, this series can be removed
from the schedule.
No series number, Policies and procedures manual. Add
this series to the schedule with an archival code of "A" . Transfer
a copy of the current manual to the Archives and Information
Services Division at the agency's earliest convenience and copies
of updates when sections become superseded.
Series 28, Press releases. This is an obsolete series
appraised as archival. The records have already been transferred
to the Archives and Information Services Division. Remove the
series from the schedule.
Three archival series have their archival requirement met by
sending copies of publications to the State Publications Depository
Program.
Series 20, Biennial budget requests. Add note in "Remarks"
column, "The archival requirement for this series is fulfilled
by sending the required copies to the Publications Depository
Program, Texas State Library and Archives Commission (13 Texas
Administrative Code, Section 3.3 (C))."
Series 77, Annual financial report. This series needs
to have an archival code of "A" added. Add note in "Remarks"
column, "The archival requirement for this series is fulfilled
by sending the required copies to the Publications Depository
Program, Texas State Library and Archives Commission (13 Texas
Administrative Code, Section 3.3 (a)(1)(A))." If the agency
has extra copies, please send copies of this report from 1983-1987
to the Publications Depository as copies for these years are
not present in the Publications Depository.
No series number, Strategic plans. This series needs
to be added to the retention schedule with a retention of PM
and an archival code of "A". Add note in "Remarks" column, "The
archival requirement for this series is fulfilled by sending
the required copies to the Publications Depository Program,
Texas State Library and Archives Commission (12 Texas Administrative
Code, Section 3.3 (1) (C))."
Non-archival records
The following "R" series have been appraised to be non-archival.
Remove the "R" code from the records retention schedule. Add a
note in the Remarks column for each of these series, "Archival
review code removed subsequent to appraisal by the Archives and
Information Services Division of the Library and Archives Commission,
April 10, 1997."
- Series 10, Examinations, record copy.
- Series 11, Answer key for exam.
- Series 12, Funeral home files.
I recommend adding series 11, Answer key for exam,
to series 10, Examinations, record copy, since both of these
series are part of the exam process.
The following "A" series has been appraised to be non-archival.
Remove the "A" code from the retention schedule.
Series 19, Licensing logs. Add two notes to the retention
schedule in Remarks column, , "Archival code removed subsequent
to appraisal by the Archives and Information Services Division
of the Library and Archives Commission, April 10, 1997", and
"Record copy on file at the Secretary of State's Office."
Two archival review series were determined not to contain any
records. These series should be removed from the retention schedule.
- Series 33, Publication files
- Series 35, Administrative reports.
Records Series Reviews
Records Series Review
Series Title: Examinations, record copy
Dates: c. 1970, 1984, 1993, 1995
Agency: Funeral Service Commission
Obsolete record series? No
Ongoing record series? Yes
Annual accumulation: fractional
Agency holdings: Retained by the agency for one year. Actual
holdings of the agency are c. 1970, 1984, 1993, and 1995, fractional.
Archival holdings: None in the holdings of the Archives and
Information Services of the Library and Archives Commission.
Description: This is the exam taken by applicants for licenses
issued by the Funeral Service Commission. The same exam is used
for funeral homes, funeral directors, and embalmers. This series
is closed due to confidentiality of the test questions, V.T.C.A.,
Government Code, Texas Open Information Act, Section 552.122.
The answer key, or form used by applicants to write the answers
on is in another series, Answer key for exam.
Purpose: This series documents the examination process of the
Funeral Service Commission.
Agency program: The Funeral Service Commission issues licenses
for embalmers, funeral directors, and funeral establishments;
inspects funeral establishments; reviews complaints; and holds
disciplinary hearings.
Vernon's Ann. Civ. St., Article 4582b
Arrangement: None
Access constraints: This record is not available to the public
due to confidentiality of the test questions. V.T.C.A., Government
Code, Texas Open Information Act, Section 552.122.
Use constraints: None
Indexes or finding aids required for/or an aid to access? No
Gaps: None before c. 1970.
Problems: Confidentiality problems.
Known related records in other agencies: None
Previous destructions: Destruction requests on file in the Archives
and Information Services Division of the Library and Archives
Commission were checked for the Funeral Service Commission and
none were found for this series or for equivalent or related series.
Publications based on records: None
Series data from agency schedule:
Title: Examinations, record copy
Series item number: 1.1
Agency item number: 10
Archival code: R
Retention: 1
Appraisal decision:
These exams document the examination process of the Funeral
Service Commission. They are closed due to confidentiality of
the test questions. Procedures for conducting the exams are
documented in an archival series to be added to the schedule,
Policies and procedures manual, which is sufficient documentation
for this function. This series has been determined to be non-archival.
Remove the archival code of "R" from the retention schedule.
Add a note to the Remarks column - "Archival review code removed
subsequent to appraisal by the Archives and Information Services
Division of the Library and Archives Commission, April 10, 1997."
A related series, Answer key for exam, has also been
appraised to be non-archival. I recommend adding the answer
key to the examinations series, since it is used in conjunction
with the exam.
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Records Series Review
Series Title: Answer key for exam
Dates: 1995
Agency: Funeral Service Commission
Obsolete record series? No
Ongoing record series? Yes
Annual accumulation: fractional
Agency holdings: Retained by the agency for one year. Actual
holdings of the agency are 1995, fractional.
Archival holdings: None in the holdings of the Archives and
Information Services of the Library and Archives Commission.
Description: This is the answer key to the exam taken by applicants
for licenses issued by the Funeral Service Commission. This
is a standard computer read form for the applicants to put their
answers on. It does not contain the answers to the questions.
The licensing exams are in another series, Examinations,
record copy. The exams are closed due to the confidentiality
of the test questions, V.T.C.A., Government Code, Texas Open
Information Act, Section 552.122.
Purpose: This series is part of the examination process of
the Funeral Service Commission.
Agency program: The Funeral Service Commission issues licenses
for embalmers, funeral directors, and funeral establishments;
inspects funeral establishments; reviews complaints; and holds
disciplinary hearings.
Vernon's Ann. Civ. St., Article 4582b
Arrangement: None
Access constraints: None
Use constraints: None
Indexes or finding aids required for/or an aid to access?
No
Gaps: None available prior to 1995.
Problems: None
Known related records in other agencies: None
Previous destructions: Destruction requests on file in the
Archives and Information Services Division of the Library and
Archives Commission were checked for the Funeral Service Commission
and none were found for this series or for equivalent or related
series.
Publications based on records: None
Series data from agency schedule:
Title: Answer key for exam
Series item number: 1.1
Agency item number: 11
Archival code: R
Retention: 1
Appraisal decision: The answer key is used by applicants when
taking the exams. It serves no purpose as a stand alone record.
Procedures for conducting the exams are documented in an archival
series to be added to the schedule, Policies and procedures
manual, which is sufficient documentation for this function.
This series has been determined to be non-archival. Remove the
archival code of "R" from the retention schedule. I recommend
adding the answer key to the series, Examinations, record
copy, since it is used in conjunction with the exam and
cannot be used independently.
If the agency wishes to maintain this as a separate series,
change the series title to Answer form, which more accurately
reflects the record in the series. Remove the archival code
of "R" from the schedule, and add a note in the Remarks column
- "Archival review code removed subsequent to appraisal by the
Archives and Information Services Division of the Library and
Archives Commission, April 10, 1997."
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Records Series Review
Series Title: Funeral home files
Dates: 1954-[ongoing]
Agency: Funeral Service Commission
Obsolete record series? No
Ongoing record series? Yes
Annual accumulation: several cubic feet a year.
Agency holdings: Retained by the agency for five years after
closure of the home. Actual holdings of the agency are 1954-[ongoing],
54 cubic feet (42 cubic feet of active files, 12 cubic feet
of closed homes files)
Archival holdings:
Files of defunct funeral homes, 1954-1985, 9 cubic feet.
These files contain correspondence, applications for licenses
and renewals, field inspection reports, cards listing contact
with funeral homes, certificates, clippings, legal documents,
and a few photographs. Dates covered are 1954-1985. The applications
give the name and address of the home, director, licensed and
non-licensed employees, a description of the building and equipment
used, and date. The inspection reports list the above and also
give the persons interviewed, date, and name of the inspector.
The correspondence is fairly routine, usually between the home
and the Board discussing changes of address, or ownership/management;
changes in licensed employees; and inspections. Other correspondence
present includes letters of complaints to the Board about homes,
or questions about licensing or apprenticeship. Lists of services
offered and merchandise available for funerals (caskets, etc.)
is present in many of the files, as are cards listing the dates
of licensed renewals and the date the home closed. These files
do not provide any information on specific burials performed
by the homes.
Description: These files contain correspondence, applications
for licenses and renewals, field inspection reports, cards listing
contact with funeral homes, certificates, clippings, legal documents,
and a few photographs. The agency has separated the files of
defunct funeral homes from those of active funeral homes. The
closed homes files date from 1954-1995, the active files from
1954-[ongoing].
The applications give the name and address of the home, director,
licensed and non-licensed employees, a description of the building
and equipment used, and date. The inspection reports list the
above and also give the persons interviewed, date, and name
of the inspector. The correspondence is fairly routine, usually
between the home and the Board discussing changes of address,
or ownership/management; changes in licensed employees; and
inspections. Other correspondence present includes letters of
complaints to the Board about homes or questions about licensing
or apprenticeship. Lists of services offered and merchandise
available for funerals (caskets, etc.) is present in many of
the files, as are cards listing the dates of licensed renewals
and the date the home closed. These files do not provide any
information on specific burials performed by the homes.
Purpose: This series documents the licensing and inspections
of the funeral homes.
Agency program: The Funeral Service Commission was established
as the State Board of Embalming in 1903 (SB 76, 28th Legislature,
Regular Session,) to license and regulate embalmers in containing
contagious diseases that affected public health. In 1938 the
law was amended to encompass funeral directors. The revised
statute prohibited licensees from using fraud or misrepresentation
in the conduct of business, using false or misleading advertising,
soliciting, and refusing to promptly surrender a body, thus
changing the agency's mission from the protection of public
health to the protection of public welfare. In 1953 the agency
became the State Board of Morticians (SB 21, 53rd Legislature,
Regular Session). In 1987 the legislature renamed the agency
the Texas Funeral Service Commission and granted it authority
to assess administrative penalties (SB 95, 70th Legislature,
Regular Session). Following Sunset review in 1991 the Legislature
gave the Commission additional authority to enforce laws regarding
prepaid funerals and vital statistics and health (SB 284, 71st
Legislature, Regular Session).
The commission issues licenses for embalmers, funeral directors,
and funeral establishments; inspects funeral establishments;
reviews complaints; and holds disciplinary hearings.
Vernon's Ann. Civ. St., Article 4582b
Arrangement: The files are separated into files of active
funeral homes and files of defunct, or closed homes. Within
each group, the files are arranged alphabetically by city, then
by name of the home, then in reverse chronological order.
Access constraints: None
Use constraints: None
Indexes or finding aids required for/or an aid to access?
No
Gaps: None are present prior to 1954.
Problems: None
Known related records in other agencies: None
Previous destructions: Destruction requests on file in the
Archives and Information Services Division of the Library and
Archives Commission were checked for the Funeral Service Commission
and none were found for this series or for equivalent or related
series.
Publications based on records: None
Series data from agency schedule:
Title: Funeral home files
Series item number: 1.1
Agency item number: 12
Archival code: R
Retention: AC+5
Appraisal decision: These are licensing files of funeral homes.
They contain records which document the licensing and inspection
of individual funeral homes. These files do not document burials
conducted in the homes. While these files do document the operation
of funeral homes in Texas, they do not contain sufficient information
to warrant permanent retention. The functions of licensing and
inspecting funeral homes are covered in other records, primarily
the published rules and regulations of the Funeral Service Commission,
and the series Policies and procedures manual. Changes
to rules or procedures which concern these functions are also
discussed in the minutes of the Commission.
These files have been determined to be non-archival. Remove
the archival review code of "R" from the schedule. Add a note
in the Remarks column - "Archival review code removed subsequent
to appraisal by the Archives and Information Services Division
of the Library and Archives Commission, April 10, 1997."
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Records Series Review
Series Title: Licensing logs
Dates: 1980-1982, 1994-[ongoing]
Agency: Funeral Service Commission
Obsolete record series? No
Ongoing record series? Yes
Annual accumulation: fractional
Agency holdings: Retained by the agency until purpose served.
Actual holdings of the agency are 1994-[ongoing], fractional.
Archival holdings:
Funeral directors, Embalmers, and Funeral Establishments,
Names of All Duly Licensed, 1980-1982, 0.1 cubic foot.
This series consists of annual reports of the State Board of
Morticians which contain lists of duly licensed funeral directors,
embalmers, and funeral establishments. Dates covered are 1980-1982.
The lists of funeral establishments provide the license number,
name of establishment, and city. The lists of funeral directors
and embalmers provide the license number, name, city, and state.
The reports contain brief sections on the Board's history
and responsibilities, funding, board membership and officers,
and statistics on exams, compliance, and enforcement.
Description: The licensing log gives the date the license
was issued, the license number, name of individual or funeral
establishment, type of license issued (funeral director, funeral
establishment, embalmer), a control number, and the initials
of the staff members logging in the information. The agency
is required by statute (Vernon's Ann. Civ. St., Article 4582b,
Section 2E(2)) to deposit a certified annual filing of the log
with the Secretary of State, which is the record copy of the
log.
Purpose: These logs serve as proof that a funeral establishment
and funeral directors and embalmers were issued licenses by
the Funeral Service Commission or its predecessor, the State
Board of Morticians.
Agency program: The Funeral Service Commission was established
as the State Board of Embalming in 1903 (SB 76, 28th Legislature,
Regular Session,) to license and regulate embalmers in containing
contagious diseases that affected public health. In 1938 the
law was amended to encompass funeral directors. The revised
statute prohibited licensees from using fraud or misrepresentation
in the conduct of business, using false or misleading advertising,
soliciting, and refusing to promptly surrender a body, thus
changing the agency's mission from the protection of public
health to the protection of public welfare.
In 1953 the agency became the State Board of Morticians (SB
21, 53rd Legislature, Regular Session). In 1987 the legislature
renamed the agency the Texas Funeral Service Commission and
granted it authority to assess administrative penalties (SB
95, 70th Legislature, Regular Session). Following Sunset review
in 1991 the Legislature gave the Commission additional authority
to enforce laws regarding prepaid funerals and vital statistics
and health (SB 284, 71st Legislature, Regular Session).
The Funeral Service Commission issues licenses for embalmers,
funeral directors, and funeral establishments; inspects funeral
establishments; reviews complaints; and holds disciplinary hearings.
Vernon's Ann. Civ. St., Article 4582b
The Secretary of State is charged with receiving a certified
annual filing from the Funeral Service Commission containing
a listing of all duly licensed funeral directors, embalmers,
and funeral establishments, "for permanent record, a certified
copy of which, under the hand and seal of the Secretary of State,
shall be admissible as evidence in all courts."
(Vernon's Ann. Civ. St., Article 4582b, Section 2E(2))
Arrangement: Chronological
Access constraints: None
Use constraints: None
Indexes or finding aids required for/or an aid to access?
No
Gaps: None are available prior to 1980 and a gap exists between
1982 and 1994.
Problems: The Commission has not sent the Secretary of State
a copy since 1982.
Known related records in other agencies: The record copy of
this log is required to be filed with the Secretary of State's
Office; it is then transferred to the Library and Archives Commission
when the retention period is fulfilled.
Previous destructions: Destruction requests on file in the
Archives and Information Services Division of the Library and
Archives Commission were checked for the Funeral Service Commission
and none were found for this series or for equivalent or related
series.
Publications based on records: None
Series data from agency schedule:
Title: Licensing logs
Series item number: 1.1
Agency item number: 19
Archival code: A
Retention: PS
Appraisal decision: The licensing log briefly documents individuals
and funeral establishments licensed by the Funeral Service Commission.
The agency is to maintain a convenience copy and transfer the
record copy to the Secretary of State's Office annually. They
have not done this since 1982 but have stated they will begin
to do so shortly. As this log is a convenience copy, it does
not require archival appraisal. The record copy at the Secretary
of State's Office will be appraised when the records of that
agency are appraised. Remove the archival code of "A" from the
retention schedule. Add two notes to the Remarks column - "Archival
code removed subsequent to appraisal by the Archives and Information
Services Division of the Library and Archives Commission, April
10, 1997." and "Record copy on file at the Secretary of State's
Office."
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Records Series Review
Series Title: Biennial budget requests
Dates: 1983/84-[ongoing]
Agency: Funeral Service Commission
Obsolete record series? No
Ongoing record series? Yes
Annual accumulation: fractional
Agency holdings: Retained by the agency for six years after
passage of the Appropriation Act. Actual holdings of the agency
are 1991/92-[ongoing], 0.1 cubic feet.
Archival holdings: None in the holdings of the Archives and
Information Services of the Library and Archives Commission.
Archival requirement for this series is fulfilled by sending
copies to the State Publications Depository Program. The Publications
Depository holds 1983/84-[ongoing]. Two copies of Requests for
Legislative Appropriations must be sent to the Publications
Clearinghouse (13 Texas Administrative Code, Section 3.3 (C)).
Description: These records are legislative appropriation requests
of the Funeral Service Commission submitted to the Legislative
Budget Board and others. The records date from 1983/84-[ongoing].
The requests contain narrative statements of agency functions
or programs. Program objectives are listed, along with a description
of each objective, discussions of performance measures, statistics,
program need indicators, and expenses-expended, current, and
projected, at different funding levels.
Purpose: The purpose of these records is to request specific
appropriations from the legislature and to provide justification
for the amounts requested.
Agency Program: Biennial budget requests are a mandatory requirement
of the state budgetary process. The Funeral Service Commission
was established as the State Board of Embalming in 1903 (SB
76, 28th Legislature, Regular Session,) to license and regulate
embalmers in containing contagious diseases that affected public
health. In 1938 the law was amended to encompass funeral directors.
The revised statute prohibited licensees from using fraud or
misrepresentation in the conduct of business, using false or
misleading advertising, soliciting, and refusing to promptly
surrender a body, thus changing the agency's mission from the
protection of public health to the protection of public welfare.
In 1953 the agency became the State Board of Morticians (SB
21, 53rd Legislature, Regular Session). In 1987 the legislature
renamed the agency the Texas Funeral Service Commission and
granted it authority to assess administrative penalties (SB
95,
70th Legislature, Regular Session). Following Sunset review
in 1991 the Legislature gave the Commission additional authority
to enforce laws regarding prepaid funerals and vital statistics
and health (SB 284, 71st Legislature, Regular Session).
The Funeral Service Commission issues licenses for embalmers,
funeral directors, and funeral establishments; inspects funeral
establishments; reviews complaints; and holds disciplinary hearings.
Vernon's Ann. Civ. St., Article 4582b
Arrangement: Chronological
Access constraints: None
Use constraints: None
Indexes or finding aids required for/or an aid to access?
No
Gaps: None present prior to FY 1983/84.
Problems: None
Known related records in other agencies: None
Previous destructions: Destruction requests on file in the
Archives and Information Services Division of the Library and
Archives Commission were checked for the Funeral Service Commission
and none were found for this series or for equivalent or related
series.
Publications based on records: Legislative Budget Board,
Legislative Budget Estimates have been published since fiscal
years 1954 and 1955. This publication, a compilation of data
for all state agencies, summarizes the fiscal information found
in agency-submitted budgets or appropriation requests, but omits
most of the narrative.
Series data from agency schedule:
Title: Biennial budget requests
Series item number: 1.1.004
Agency item number: 20
Archival code: A
Retention: AC+6
Appraisal decision: Biennial budget requests prepared by state
agency boards and/or commissions provide evidence of an agency's
fiscal performance and needs. The archival requirement for these
records is fulfilled by sending copies to the State Publications
Depository Program of the Library and Archives Commission. Add
a note to the "Remarks" column, "The archival requirement for
this series is fulfilled by sending the required copies to the
Publications Depository Program, Texas State Library and Archives
Commission (13 Texas Administrative Code, Section 3.3 (C))."
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Records Series Review
Series Title: Administrative correspondence
Dates: 1985-1991, 1995-[ongoing]
Agency: Funeral Service Commission
Obsolete record series? No
Ongoing record series? Yes
Annual accumulation: 0.5 cubic feet
Agency holdings: Retained by the agency for 3 years. Actual
holdings of the agency are 1985-1991, 1995-[ongoing], 4.5 cubic
feet.
Archival holdings: None in the holdings of the Archives and
Information Services of the Library and Archives Commission.
Description: This series contains correspondence and memoranda
of agency staff with Commission members; and correspondence
with other state agencies, educational institutions, professional
groups, businesses, and individuals. Dates covered are 1985-1991,
1995-[ongoing]. Topics discussed with Commission members include
Board appointments, legislation, upcoming meeting agenda, rules
and regulations, hearings, Sunset Commission review, continuing
education, and licensing and apprenticeship issues. Correspondence
with agencies, groups, etc., discuss budget, continuing education
and accreditation of educational institutions, comments on proposed
rules or legislation, professional meetings, agreements for
professional services, and other topics.
Routine correspondence with funeral homes or directors is
filed in the series, Funeral home files. Correspondence
re: complaints against funeral homes, directors, or embalmers
are filed in the series, Complaints against licensees.
Letters requesting advice or legal opinions from the agency
are in the series, Legal opinions and advice from agency's
legal counsel.
Purpose: This series documents the agency's functions in regulating
the funeral service business, and the agency's interaction with
other state agencies, professional groups, and individuals in
the industry.
Agency program: The Funeral Service Commission was established
as the State Board of Embalming in 1903 (SB 76, 28th Legislature,
Regular Session,) to license and regulate embalmers in containing
contagious diseases that affected public health. In 1938 the
law was amended to encompass funeral directors. The revised
statute prohibited licensees from using fraud or misrepresentation
in the conduct of business, using false or misleading advertising,
soliciting, and refusing to promptly surrender a body, thus
changing the agency's mission from the protection of public
health to the protection of public welfare.
In 1953 the agency became the State Board of Morticians (SB
21, 53rd Legislature, Regular Session). In 1987 the legislature
renamed the agency the Texas Funeral Service Commission and
granted it authority to assess administrative penalties (SB
95, 70th Legislature, Regular Session). Following Sunset review
in 1991 the Legislature gave the Commission additional authority
to enforce laws regarding prepaid funerals and vital statistics
and health (SB 284, 71st Legislature, Regular Session).
The Funeral Service Commission issues licenses for embalmers,
funeral directors, and funeral establishments; inspects funeral
establishments; reviews complaints; and holds disciplinary hearings.
Vernon's Ann. Civ. St., Article 4582b
Arrangement: Chronological by fiscal year, then by correspondent.
Access constraints: None
Use constraints: None
Indexes or finding aids required for/or an aid to access?
No
Gaps: No files are present prior to 1985. A gap exists between
1991-1995.
Problems: None
Known related records in other agencies: None
Previous destructions: Destruction requests on file in the
Archives and Information Services Division of the Library and
Archives Commission were checked for the Funeral Service Commission
and none were found for this series or for equivalent or related
series.
Publications based on records: None
Series data from agency schedule:
Title: Administrative correspondence
Series item number: 1.1.007
Agency item number: 21
Archival code: R
Retention: 3
Appraisal decision: This series documents the agency's functions
in regulating the funeral service business, and the agency's
interaction with other state agencies, professional groups,
and individuals in the industry. This series discusses issues
relevant to the agency's primary function of regulating the
funeral service industry. It has been appraised to be archival.
Change the archival review code on the retention schedule to
"A".
Transfer the correspondence dating 1985-1991 to the Archives
and Information Services Division at the agency's earliest convenience
as it has fulfilled its retention period. Further transfers
of the administrative correspondence should be done annually,
when the retention period has expired.
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Records Series Review
Series Title: Legal opinions and advice from agency's legal
counsel
Dates: c. 1995-[ongoing]
Agency: Funeral Service Commission
Obsolete record series? No
Ongoing record series? Yes
Annual accumulation: 1.5 cubic feet
Agency holdings: Retained by the agency until purpose served.
Actual holdings of the agency are c. 1995-[ongoing], about 4
cubic feet.
Archival holdings: None in the holdings of the Archives and
Information Services of the Library and Archives Commission.
Description: This series contains cease and desist letters
to funeral homes regarding violations reported in the homes,
and also contains legal opinions from the agency's general counsel
concerning rules and regulations to Commissioners or to individuals
requesting clarification. Dates covered are c. 1995-[ongoing].
Correspondence re: complaints against funeral homes, directors,
or embalmers are filed in the series, Complaints against
licensees.
Purpose: This series documents the activities of the agency's
general counsel in providing legal advice and opinions and by
working with funeral homes re: their violations.
Agency program: The Funeral Service Commission was established
as the State Board of Embalming in 1903 (SB 76, 28th Legislature,
Regular Session,) to license and regulate embalmers in containing
contagious diseases that affected public health. In 1938 the
law was amended to encompass funeral directors. The revised
statute prohibited licensees from using fraud or misrepresentation
in the conduct of business, using false or misleading advertising,
soliciting, and refusing to promptly surrender a body, thus
changing the agency's mission from the protection of public
health to the protection of public welfare. In 1953 the agency
became the State Board of Morticians (SB 21, 53rd Legislature,
Regular Session). In 1987 the legislature renamed the agency
the Texas Funeral Service Commission and granted it authority
to assess administrative penalties (SB 95, 70th Legislature,
Regular Session). Following Sunset review in 1991 the Legislature
gave the Commission additional authority to enforce laws regarding
prepaid funerals and vital statistics and health (SB 284, 71st
Legislature, Regular Session).
The Funeral Service Commission issues licenses for embalmers,
funeral directors, and funeral establishments; inspects funeral
establishments; reviews complaints; and holds disciplinary hearings.
Vernon's Ann. Civ. St., Article 4582b
Arrangement: Chronological
Access constraints: None
Use constraints: None
Indexes or finding aids required for/or an aid to access?
No
Gaps: None present prior to c. 1995.
Problems: None
Known related records in other agencies: None
Previous destructions: Destruction requests on file in the
Archives and Information Services Division of the Library and
Archives Commission were checked for the Funeral Service Commission
and none were found for this series or for equivalent or related
series.
Publications based on records: None
Series data from agency schedule:
Title: Legal opinions and advice from agency's legal counsel
Series item number: 1.1.015
Agency item number: 25
Archival code: R
Retention: PS
Appraisal decision: This series documents the actions of the
agency's general counsel in his role of interpreting rules and
regulations. Discussions of changes to rules/regulations can
be found in the minutes of the Commission. The legal opinions
of the general counsel re: rules and regulations complement
the minutes in this situation. The cease and desist letters
are important to the enforcement activities of the Commission,
but those activities are documented in summary in the Meeting
minutes. However, because of the value of the legal opinions,
this series has been appraised to be archival. Change the archival
review code on the retention schedule to "A".
I recommend the agency split this series into two separate
series, Legal opinions and advice from the agency's legal
counsel, and Cease and desist letters. If this is
done, the Legal opinions series with be archival, with an archival
code of A; the cease and desist series will be non-archival.
The legal opinions and advice can be transferred to the Archives
and Information Services Division when their retention period
has been fulfilled.
If the agency decides not to split the series, then when the
records have fulfilled their retention, transfer the legal opinions
and advice from the series to the Archives and Information Services
Division. We do not wish to obtain the cease and desist letters
sent to the funeral homes. If the letters cannot be separated
from the opinions, transfer the entire series and we will remove
them at a later date.
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Records Series Review
Series Title: Meeting agenda
Dates: 1991-[ongoing]
Agency: Funeral Service Commission
Obsolete record series? No
Ongoing record series? Yes
Annual accumulation: fractional
Agency holdings: Retained by the agency permanently. Actual
holdings of the agency are 1991-[ongoing], fractional. The agenda
are maintained in the meeting files.
Archival holdings: None in the holdings of the Archives and
Information Services of the Library and Archives Commission.
Description: Meeting agenda lists the items to be discussed
at the Funeral Service Commission meetings. Dates present are
1991-1995. The agenda are currently maintained with the minutes
in the meeting files.
Purpose: Documents the items to be discussed at commission
meetings.
Agency program: The Funeral Service Commission issues licenses
for embalmers, funeral directors, and funeral establishments;
inspects funeral establishments; reviews complaints; and holds
disciplinary hearings.
Vernon's Ann. Civ. St., Article 4582b
Arrangement: Chronological
Access constraints: None
Use constraints: None
Indexes or finding aids required for/or an aid to access?
No
Gaps: None available prior to 1991.
Problems: None
Known related records in other agencies: None
Previous destructions: Destruction requests on file in the
Archives and Information Services Division of the Library and
Archives Commission were checked for the Funeral Service Commission
and none were found for this series or for equivalent or related
series.
Publications based on records: None
Series data from agency schedule:
Title: Meeting agenda
Series item number: 1.1.016
Agency item number: 26
Archival code: A
Retention: PM
Appraisal decision: Meeting agenda serve to inform the board
members and public of upcoming items for discussion at the Board
meetings. These are an archival record. Because the agency has
been filing the agenda with the minutes in the meetings files
and has indicated they continue to do so, the series can be
removed from the retention schedule.
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Records Series Review
Series Title: Meeting minutes
Dates: 1980-1985, 1987-[ongoing]
Agency: Funeral Service Commission
Obsolete record series? No
Ongoing record series? Yes
Annual accumulation: fractional
Agency holdings: Retained by the agency permanently. Actual
holdings of the agency are 1980-1985, 1989-[ongoing], 2 cubic
feet.
Archival holdings:
Minutes, State Board of Morticians, March 1980-November 1985,
fractional
Minutes, Funeral Service Commission, September 1987-December
1989, fractional
Description: These are minutes of the State Board of Morticians
and the Funeral Service Commission. The minutes are now filed
as part of a series of meeting files, containing the agenda,
minutes, and documents discussed at the meetings, such as legislation
or rules and regulations. Dates covered are 1980-1985, 1987-[ongoing].
The minutes also contain committee reports, with the Finance,
Personnel, Education, Complaint, and Rules committees reporting
regularly. Topics discussed at the meetings include rules and
regulations; licenses issued, renewed, or revoked; complaints;
fees; and continuing education.
Purpose: This series documents the discussions of the Commission
and decisions formulated at the meetings.
Agency program: The policy making body of the Funeral Service
Commission is a nine-member commission, appointed by the governor
with concurrence of the senate for overlapping, six-year terms.
The initial Board consisted of five licensed embalmers, changing
to six embalmers in 1939. In 1979, the Board expanded to nine
members. Five were to be licensed embalmers or funeral directors
in the state, with a minimum of five years' consecutive experience
immediately preceding appointment. Of the five, at least three
were embalmers. The remaining four members represented the general
public and could not be subject to the board's regulation. In
1991, the composition of the Board was changed from four to
five consumer members and from five to four licensed members,
and the governor was given the responsibility for appointing
the chair. These are non salaried positions and no member may
serve more than one term.
The Funeral Service Commission was established as the State
Board of Embalming in 1903 (SB 76, 28th Legislature, Regular
Session,) to license and regulate embalmers in containing contagious
diseases that affected public health. In 1938 the law was amended
to encompass funeral directors. The revised statute prohibited
licensees from using fraud or misrepresentation in the conduct
of business, using false or misleading advertising, soliciting,
and refusing to promptly surrender a body, thus changing the
agency's mission from the protection of public health to the
protection of public welfare. In 1953 the agency became the
State Board of Morticians (SB 21, 53rd Legislature, Regular
Session).
With some changes, the organization and functions of the Board
remained the same until 1978, when it underwent the Sunset review
process for the first time. The Sunset Advisory Commission recommended
that the board be abolished and its responsibilities be placed
within the Texas Department of Health. After considerable debate,
the legislature continued the agency, expanding its board to
nine members in 1979. Its authority to protect the public was
also expanded. In 1987 the legislature renamed the agency the
Texas Funeral Service Commission and granted it authority to
assess administrative penalties (SB 95, 70th Legislature, Regular
Session). Following Sunset review in 1991 the Legislature gave
the Commission additional authority to enforce laws regarding
prepaid funerals and vital statistics and health (SB 284, 71st
Legislature, Regular Session).
The commission issues licenses for embalmers, funeral directors,
and funeral establishments; inspects funeral establishments;
reviews complaints; and holds disciplinary hearings. Through
the Texas Deceptive Trade Practices Act consumers can file action
in court for damages from funeral providers.
Vernon's Ann. Civ. St., Article 4582b
Arrangement: Chronological
Access constraints: None
Use constraints: None
Indexes or finding aids required for/or an aid to access?
No
Gaps: No minutes have been located prior to 1980 and minutes
are missing for 1986 as well.
Problems: None
Known related records in other agencies: None
Previous destructions: Destruction requests on file in the
Archives and Information Services Division of the Library and
Archives Commission were checked for the Funeral Service Commission
and none were found for this series or for equivalent or related
series.
Publications based on records: None
Series data from agency schedule:
Title: Meeting minutes
Series item number: 1.1.017
Agency item number: 27a
Archival code: A
Retention: PM
Appraisal decision: Minutes of state agency board and/or commission
meetings provide primary evidence of the functions and policy
formulation of the highest echelon of the agency. Since the
agency has been maintaining these recently as part of the meeting
files instead of separately, I recommend the name of this series
be changed to Meeting files. Also, Meeting agenda
should be added to this series as they complement one another.
Maintain the archival code of "A" on the schedule and transfer
copies of minutes and agenda and/or meeting files, dating early
1987, and 1990-1996 to the Archives and Information Services
Division at the agency's earliest convenience. If any minutes
dating prior to 1980 or for 1986 are located at the agency at
a later time, copies of those minutes need to be sent to the
Archives as well. Future transfers of copies of the minutes/meeting
files can be sent to the Archives on a annual basis, or regularly
after the Commission meetings.
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Records Series Review
Series Title: Press releases
Dates: 1983-1987
Agency: Funeral Service Commission
Obsolete record series? Yes
Replaced by: None
Ongoing record series? No
Agency holdings: None, all records were transferred to the
Archives and Information Services Division of the Library and
Archives Commission on February 13, 1997.
Archival holdings:
Press releases, 1983-1987, fractional.
These are news or press releases issued by the State Board of
Morticians, dating 1983-1987, regarding Board appointments,
changes in rules and regulations, and changes in legislation
affecting the agency.
Description: These are news or press releases issued by the
State Board of Morticians, dating 1983-1987, regarding Board
appointments, changes in rules and regulations, and changes
in legislation affecting the agency. According to agency staff,
the Commission no longer issues press releases.
Purpose: These records alert the press to actions of the Funeral
Service Commission.
Agency program: The Funeral Service Commission was established
as the State Board of Embalming in 1903 (SB 76, 28th Legislature,
Regular Session,) to license and regulate embalmers in containing
contagious diseases that affected public health. In 1938 the
law was amended to encompass funeral directors. The revised
statute prohibited licensees from using fraud or misrepresentation
in the conduct of business, using false or misleading advertising,
soliciting, and refusing to promptly surrender a body, thus
changing the agency's mission from the protection of public
health to the protection of public welfare. In 1953 the agency
became the State Board of Morticians (SB 21, 53rd Legislature,
Regular Session).
With some changes, the organization and functions of the Board
remained the same until 1978, when it underwent the Sunset review
process for the first time. The Sunset Advisory Commission recommended
that the board be abolished and its responsibilities be placed
within the Texas Department of Health. After considerable debate,
the legislature continued the agency, expanding its board to
nine members in 1979. Its authority to protect the public was
also expanded. In 1987 the legislature renamed the agency the
Texas Funeral Service Commission and granted it authority to
assess administrative penalties (SB 95, 70th Legislature, Regular
Session). Following Sunset review in 1991 the Legislature gave
the Commission additional authority to enforce laws regarding
prepaid funerals and vital statistics and health (SB 284, 71st
Legislature, Regular Session).
The Commission issues licenses for embalmers, funeral directors,
and funeral establishments; inspects funeral establishments;
reviews complaints; and holds disciplinary hearings.
Vernon's Ann. Civ. St., Article 4582b
Arrangement: Chronological
Access constraints: None
Use constraints: None
Indexes or finding aids required for/or an aid to access?
No
Gaps: None exist prior to 1983 or after 1987.
Problems: None
Known related records in other agencies: None
Previous destructions: Destruction requests on file in the
Archives and Information Services Division of the Library and
Archives Commission were checked for the Funeral Service Commission
and none were found for this series or for equivalent or related
series.
Publications based on records: None
Series data from agency schedule:
Title: Press releases
Series item number: 1.1.019
Agency item number: 28
Archival code: R
Retention: 2
Appraisal decision: The press releases document news of the
agency and provide summary coverage of some agency actions and
concerns. The press releases have been appraised to be archival.
The agency has already transferred the existing press releases
to the Archives and Information Services Division. Since this
is an obsolete and empty series, it can be removed from the
schedule. If the agency begins issuing press releases in the
future, the series can be added back to the retention schedule
and coded for archival review.
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Records Series Review
Series Title: Organization charts
Dates: 1992-[ongoing]
Agency: Funeral Service Commission
Obsolete record series? No
Ongoing record series? Yes
Annual accumulation: fractional
Agency holdings: Retained by the agency until superseded.
Actual holdings of the agency are 1992-[ongoing], fractional.
Archival holdings:
Organization charts, 1996, fractional.
Description: These charts illustrate graphically the administrative
structure of the different functional units within the agency.
Dates covered are 1992-[ongoing]. Copies of the organization
charts have been published in the Commission's strategic plan
since 1992.
Purpose: These charts illustrate graphically the administrative
structure of the different functional units within the agency.
Agency program: The Funeral Service Commission issues licenses
for embalmers, funeral directors, and funeral establishments;
inspects funeral establishments; reviews complaints; and holds
disciplinary hearings.
Vernon's Ann. Civ. St., Article 4582b
Arrangement: Chronological
Access constraints: None
Use constraints: None
Indexes or finding aids required for/or an aid to access?
No
Gaps: None available prior to 1992.
Problems: None
Known related records in other agencies: None
Previous destructions: Destruction requests on file in the
Archives and Information Services Division of the Library and
Archives Commission were checked for the Funeral Service Commission
and none were found for this series or for equivalent or related
series.
Publications based on records: A copy of the chart is published
in the agency's strategic plan.
Series data from agency schedule:
Title: Organization charts
Series item number: 1.1.023
Agency item number: 31
Archival code: A
Retention: US
Appraisal decision: Organization charts provide a graphic
description of the administrative structure of the functional
units of an agency. These have been appraised to be an archival
record. Maintain the archival code of "A" on the schedule and
transfer copies of the charts to the Archives and Information
Services Division as they become superseded. A copy of the chart
dated 1996 has already been transferred to the Archives.
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Records Series Review
Series Title: Annual financial report
Dates: 1983-1987, 1990-[ongoing]
Agency: Funeral Service Commission
Obsolete record series? No
Ongoing record series? Yes
Annual accumulation: fractional
Agency holdings: Retained by the agency permanently according
to the retention schedule. Actual holdings are 1983-1987, 1990-[ongoing],
0.4 cubic feet.
Archival holdings: None in the holdings of the Archives and
Information Services of the Library and Archives Commission.
The archival requirement for this series is fulfilled by sending
copies to the State Publications Depository Program, Library
and Archives Commission (13 Texas Administrative Code, Section
3.3 (a)(1) (A)). The Publications Depository has reports for
the years 1990/91-[ongoing].
Description: These are annual financial reports prepared by
the State Board of Morticians, later the Funeral Service Commission,
which summarize the activities of the agency for the fiscal
year. Dates covered are 1983-1987, 1990-[ongoing]. The majority
of the information presented is statistical, providing fiscal
information concerning the appropriations and expenditures of
the agency. A narrative section is present which describes the
organization and functions of the board, lists key personnel
of the agency, lists the number of applicants taking the exam
and number passing, and briefly discusses litigation involving
the agency.
Purpose: These reports provide summary documentation of the
activities of the board over the fiscal year.
Agency program: The Funeral Service Commission was established
as the State Board of Embalming in 1903 (SB 76, 28th Legislature,
Regular Session,) to license and regulate embalmers in containing
contagious diseases that affected public health. In 1938 the
law was amended to encompass funeral directors. The revised
statute prohibited licensees from using fraud or misrepresentation
in the conduct of business, using false or misleading advertising,
soliciting, and refusing to promptly surrender a body, thus
changing the agency's mission from the protection of public
health to the protection of public welfare. In 1953 the agency
became the State Board of Morticians (SB 21, 53rd Legislature,
Regular Session).
With some changes, the organization and functions of the Board
remained the same until 1978, when it underwent the Sunset review
process for the first time. The Sunset Advisory Commission recommended
that the board be abolished and its responsibilities be placed
within the Texas Department of Health. After considerable debate,
the legislature continued the agency, expanding its board to
nine members in 1979. Its authority to protect the public was
also expanded. In 1987 the legislature renamed the agency the
Texas Funeral Service Commission and granted it authority to
assess administrative penalties (SB 95, 70th Legislature, Regular
Session). Following Sunset review in 1991 the Legislature gave
the Commission additional authority to enforce laws regarding
prepaid funerals and vital statistics and health (SB 284, 71st
Legislature, Regular Session).
The Commission issues licenses for embalmers, funeral directors,
and funeral establishments; inspects funeral establishments;
reviews complaints; and holds disciplinary hearings.
Vernon's Ann. Civ. St., Article 4582b
Arrangement: Chronological
Access constraints: None
Use constraints: None
Indexes or finding aids required for/or an aid to access?
No
Gaps: None are present prior to 1983.
Problems: None
Known related records in other agencies: None
Previous destructions: Destruction requests on file in the
Archives and Information Services Division of the Library and
Archives Commission were checked for the Funeral Service Commission
and none were found for this series or for equivalent or related
series.
Publications based on records: None
Series data from agency schedule:
Title: Annual financial report
Series item number: 4.5.003
Agency item number: 77
Archival code: none
Retention: PM
Appraisal decision: The Board no longer produces an annual
narrative report, just the annual financial report. This report
does contain a narrative summary of the activities of the board
over the fiscal year. Because an annual narrative report is
not produced by the Board, we have designated this annual financial
report to be archival. Add an archival code of "A" to the retention
schedule. Also, add a note to the Remarks column of the schedule,
"The archival requirement for this series is fulfilled by sending
the required copies to the Publications Depository Program,
Texas State Library and Archives Commission (13 Texas Administrative
Code, Section 3.3 (a)(1) (A))."
Since this report is sent annually to the State Publications
Depository, copies do not need to be sent to the Archives and
Information Services Division. The Publications Depository does
not have copies of these reports prior to 1990. If the agency
has extra copies, please send copies of this report from 1983-1987
to the Archives and Information Services Division for placement
in the Publications Depository.
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Records Series Review
Series Title: Strategic plans
Dates: 1992, 1994, 1996
Agency: Funeral Service Commission
Obsolete record series? No
Ongoing record series? Yes
Annual accumulation: fractional
Agency holdings: Retained by the agency. This series is not
on the schedule, so an agency retention period has yet to be
determined. The holdings of the agency are 1992, 1994, 1996,
fractional.
Archival holdings: None in the holdings of the Archives and
Information Services of the Library and Archives Commission.
The archival requirement for this series is fulfilled by sending
copies to the State Publications Depository Program, Library
and Archives Commission (12 Texas Administrative Code, Section
3.3(1) (C)). The Publications Depository holds the plans for
1992, 1994, 1996.
Description: Strategic plans are long-range planning tools
prepared by the agency in which the goals and objectives of
the agency are presented along with performance measures for
each. Plans contain a mission statement, a statement of philosophy,
and external/internal assessment of the agency, and the goals
of the agency. Each goal contains objectives, strategies, and
output measures for measuring and achieving the goals. Also
present is an organization chart of the agency. The Funeral
Service Commission has prepared three plans, in 1992, 1994,
1996, with the planning time frames 1992-1998, 1995-1999, and
1997-2001, respectively.
Purpose: Strategic plans are long-range planning tools prepared
by the agency which set forth goals and objectives of the agency
over a multi-year period.
Agency program: The Funeral Service Commission was established
as the State Board of Embalming in 1903 (SB 76, 28th Legislature,
Regular Session,) to license and regulate embalmers in containing
contagious diseases that affected public health. In 1938 the
law was amended to encompass funeral directors. The revised
statute prohibited licensees from using fraud or misrepresentation
in the conduct of business, using false or misleading advertising,
soliciting, and refusing to promptly surrender a body, thus
changing the agency's mission from the protection of public
health to the protection of public welfare. In 1953 the agency
became the State Board of Morticians (SB 21, 53rd Legislature,
Regular Session).
With some changes, the organization and functions of the Board
remained the same until 1978, when it underwent the Sunset review
process for the first time. The Sunset Advisory Commission recommended
that the board be abolished and its responsibilities be placed
within the Texas Department of Health. After considerable debate,
the legislature continued the agency, expanding its board to
nine members in 1979. Its authority to protect the public was
also expanded. In 1987 the legislature renamed the agency the
Texas Funeral Service Commission and granted it authority to
assess administrative penalties (SB 95, 70th Legislature, Regular
Session). Following Sunset review in 1991 the Legislature gave
the Commission additional authority to enforce laws regarding
prepaid funerals and vital statistics and health (SB 284, 71st
Legislature, Regular Session).
The Commission issues licenses for embalmers, funeral directors,
and funeral establishments; inspects funeral establishments;
reviews complaints; and holds disciplinary hearings.
Vernon's Ann. Civ. St., Article 4582b
Arrangement: Chronological
Access constraints: None
Use constraints: None
Indexes or finding aids required for/or an aid to access?
No
Gaps: None
Problems: None
Known related records in other agencies: None
Previous destructions: Destruction requests on file in the
Archives and Information Services Division of the Library and
Archives Commission were checked for the Funeral Service Commission
and none were found for this series or for equivalent or related
series.
Publications based on records: None
Suggested series from state Records Retention Schedule:
Title: Strategic plans
Series item number: 1.1.055
Agency item number: to be assigned by agency
Archival code: A
Retention: PM
Appraisal decision: The strategic plans document the long-range
planning activities of the Commission and are already considered
archival. Their archival mandate is fulfilled by the agency
sending copies of the reports to the State Publications Depository
Program. This series needs to be added to the records retention
schedule, with an archival code of "A" and a permanent retention
period. Also, a note should be put in the Remarks column, "The
archival requirement for this series is fulfilled by sending
the required copies to the Publications Depository Program,
Texas State Library and Archives Commission (12 Texas Administrative
Code, Section 3.3 (1) (C)."
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Records Series Review
Series Title: Policies and procedures manual
Dates: 1997
Agency: Funeral Service Commission
Obsolete record series? No
Ongoing record series? Yes
Annual accumulation: fractional
Agency holdings: Currently retained by the agency until superseded.
This series needs to be added to the schedule, at which time
and a different retention period may be set. Actual holdings
of the agency are 1997, 0.24 cubic feet.
Archival holdings: None in the holdings of the Archives and
Information Services of the Library and Archives Commission.
Description: This is the overall or primary manual of administrative
policies and operating procedures, dated 1997. It contains sections
on administration (risk management, correspondence, policy statements,
etc.), personnel, fiscal, and operations (investigations, complaints,
licensing, continuing education, and professional qualifications
registry). The manual also contains a mission statement for
the agency, the mortuary laws, and commission rules.
Purpose: This manual houses the administrative policies and
operating procedures of the agency.
Agency program: The Funeral Service Commission issues licenses
for embalmers, funeral directors, and funeral establishments;
inspects funeral establishments; reviews complaints; and holds
disciplinary hearings.
Vernon's Ann. Civ. St., Article 4582b
Arrangement: Topical
Access constraints: None
Use constraints: None
Indexes or finding aids required for/or an aid to access?
No
Gaps: Previous copies of the manual have not been maintained.
Problems: None
Known related records in other agencies: None
Previous destructions: Destruction requests on file in the
Archives and Information Services Division of the Library and
Archives Commission were checked for the Funeral Service Commission
and none were found for this series or for equivalent or related
series.
Publications based on records: None
Suggested series from state Records Retention Schedule:
Title: Policies and procedures manual
Series item number: 1.1.025
Agency item number:
Archival code: A
Retention:
Appraisal decision: This manual contains policies and operating
procedures used for the operation of the overall agency. Although
it does contain sections on routine activities, such as fiscal
and personnel operations, it also documents the policies and
procedures used in carrying out the primary functions of the
agency in regulating the funeral service industry. This manual
has been appraised to be archival. It needs to be added to the
records retention schedule, with an archival code of "A" and
a retention period of permanent. Transfer a copy of the current
manual to the Archives and Information Services Division at
the agency's earliest convenience and copies of updates when
sections become superseded.
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Records Series Review
Series Title: Annual rules and regulations
Dates: 1966-1967, 1973-1974
Agency: Funeral Service Commission
Obsolete record series? No
Ongoing record series? Yes
Annual accumulation: fractional
Agency holdings: Retained by the agency until superseded.
Actual holdings of the agency are 1997, fractional.
Archival holdings:
Annual rules and regulations, 1966-1967, 1973-1974, fractional.
These are printed rules produced by the State Board of Morticians
for embalmers, funeral directors, and funeral establishments.
The State Publications Depository Program holds copies of
the rules and regulations for 1955, 1957-1973, 1976-1979, 1982-1983,
and 1993.
Description: These are the printed rules produced by the State
Board of Morticians and the Funeral Service Commission for embalmers,
funeral directors, and funeral establishments. Dates covered
are 1955-1984,1993, 1997. A copy of the latest rules, 1997,
can be found in the Policies and procedures manual.
Purpose: These series documents rules and regulations of the
State Board of Morticians and the Funeral Service Commission.
Agency program: The Funeral Service Commission issues licenses
for embalmers, funeral directors, and funeral establishments;
inspects funeral establishments; reviews complaints; and holds
disciplinary hearings.
Vernon's Ann. Civ. St., Article 4582b
Arrangement: Chronological
Access constraints: None
Use constraints: None
Indexes or finding aids required for/or an aid to access?
No
Gaps: None available prior to 1955; gaps are present for 1956,
1975, 1980-1981, 1984-1992, and 1994-1996.
Problems: None
Known related records in other agencies: None
Previous destructions: Destruction requests on file in the
Archives and Information Services Division of the Library and
Archives Commission were checked for the Funeral Service Commission
and none were found for this series or for equivalent or related
series.
Publications based on records: None
Series data from agency schedule:
Title: Rules and regulations
Series item number: 1.1.039
Agency item number: 36
Archival code: none
Retention: AR+US
Appraisal decision: This series is properly coded and maintained
by the agency. This review is for the purpose of appraising
archives holdings only. The Archives accepted copies of the
rules as a manuscript collection several years ago. As the dates
of the rules covered in the manuscript collection can also be
found in the State Publications Depository Program, these rules
will not be maintained in the Archives but offered to the Publications
Depository as second copies.
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Records Series Review
Series Title: Funeral directors, embalmers, and funeral establishments,
names of all duly licensed
Dates: 1980-1982
Agency: Funeral Service Commission
Obsolete record series? No
Ongoing record series? Yes
Annual accumulation: fractional
Agency holdings: See series Licensing logs for agency
information, this series report describes the holdings in the
Archives and Information Services Division.
Archival holdings:
This series consists of annual reports of the State Board of
Morticians which contain lists of duly licensed funeral directors,
embalmers, and funeral establishments. Dates covered are 1980-1982.
The lists of funeral establishments provide the license number,
name of establishment, and city. The lists of funeral directors
and embalmers provide the license number, name, city, and state.
The reports contain brief sections on the Board's history
and responsibilities, funding, board membership and officers,
and statistics on exams, compliance, and enforcement. The current
roster of licensees on the schedule is titled Licensing logs.
Description: See Archival holdings.
Purpose: These lists serve as proof that a given funeral establishment,
or a given funeral director or embalmer, were duly licensed
by the State Board of Morticians (later by the Funeral Service
Commission).
Agency program: The Funeral Service Commission issues licenses
for embalmers, funeral directors, and funeral establishments;
inspects funeral establishments; reviews complaints; and holds
disciplinary hearings.
Vernon's Ann. Civ. St., Article 4582b
The Secretary of State is charged with receiving a certified
annual filing from the Funeral Service Commission containing
a listing of all duly licensed funeral directors, embalmers,
and funeral establishments, "for permanent record, a certified
copy of which, under the hand and seal of the Secretary of State,
shall be admissible as evidence in all courts."
Vernon's Ann. Civ. St., Article 4582b, Section 2E (2)).
Arrangement: Chronological by fiscal year, then by type of
listing (establishment and individual), then alphabetical.
Access constraints: None
Use constraints: None
Indexes or finding aids required for/or an aid to access?
No
Gaps: The earliest log filed with the Secretary of State was
for fiscal year 1981. Despite the statutory requirement, no
logs have been filed since fiscal year 1982. The agency has
been made aware of this and will start filing the logs again,
starting with the log for 1994, the earliest they have.
Problems: None
Known related records in other agencies: None
Previous destructions: Destruction requests on file in the
Archives and Information Services Division of the Library and
Archives Commission were checked for the Funeral Service Commission
and none were found for this series or for equivalent or related
series.
Publications based on records: None
Series data from Funeral Service Commission schedule:
Title: Licensing logs
Series item number: 1.1
Agency item number: 19
Archival code: A
Retention: PS
Series data from Secretary of State schedule:
Title: Funeral directors, embalmers, and funeral establishments,
names of all duly licensed
Series item number: --
Agency item number: 192
Archival code: A
Retention: 10
Appraisal decision: The series has been appraised to be non-archival.
Remove the "A" code from the retention schedule. For series
19, Licensing logs, add two notes to the retention schedule
in Remarks column, "Archival code removed subsequent to appraisal
by the Archives and Information Services Division of the Library
and Archives Commission, April 10, 1997." and "Record copy on
file at the Secretary of State's Office."
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