Records Appraisal Report:
Funeral Service Commission Records

Contents of this report
Agency Contact | Agency History | Project Review | Record Series Reviews

Internal links to series reviews
Examinations, record copy
Answer key for exam
Funeral home files
Licensing logs
Biennial budget requests
Administrative correspondence
Legal opinions and advice from agency's legal counsel
Meeting agenda
Meeting minutes
Press releases
Organization charts
Annual financial report
Strategic plans
Policies and procedures manual
Annual rules and regulations
Funeral directors, embalmers, and funeral establishments, names of all duly licensed

Archival finding aid
Texas Funeral Service Commission: An Inventory of Records at the Texas State Archives, 1978-1997 (bulk 1980-1997)

April 10, 1997, Laura K. Saegert, Appraisal Archivist

Last updated July 8, 1997

Agency Contact

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

Agency History and Structure

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.

return to top

Project review

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:

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.

return to top

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."

return to top

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."

return to top

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."

return to top

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))."

return to top

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.

return to top

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.

return to top

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.

return to top

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.

return to top

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.

return to top

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.

return to top

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.

return to top

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)."

return to top

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.

return to top

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.

return to top

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."

Page last modified: August 31, 2011