For more than a century, the Texas Funeral Service Commission and its predecessor agencies have regulated funeral service in Texas and worked to protect the public through professional standards, licensing, inspections, and enforcement.
The agency's responsibilities have changed and expanded substantially since its creation in 1903. Today, TFSC regulates funeral service and cremation and also administers the state's Human Anatomical Donation Program.
1903 — State Board of Embalming
The Texas Legislature established the State Board of Embalming in 1903 to license and regulate embalmers.
At the time, regulation of embalming was primarily a public health measure intended to help prevent the spread of contagious disease.
1938 — Regulation of Funeral Directors
In 1938, the Legislature expanded the agency's responsibilities to include the licensing and regulation of funeral directors.
The law also strengthened standards governing professional conduct and funeral-service practices, reflecting an increasing emphasis on consumer and public protection.
1953 — State Board of Morticians
In 1953, the agency became the State Board of Morticians.
The Board continued to regulate funeral directors and embalmers and establish professional standards for funeral service in Texas.
1979 — Expanded Consumer Protection
Following review under the Texas Sunset process, the Legislature continued the agency in 1979 and expanded its authority to protect the public.
Changes during this period strengthened the agency's regulatory responsibilities and increased public representation in agency governance.
1987 — Texas Funeral Service Commission
In 1987, the Legislature renamed the State Board of Morticians as the Texas Funeral Service Commission.
The legislation expanded the Commission's regulatory authority, including its ability to assess administrative penalties for violations of state law and agency rules.
Over time, TFSC's responsibilities continued to develop to include licensing, inspections, complaint investigations, disciplinary proceedings, and oversight of funeral establishments, crematories, funeral directors, embalmers, and other regulated activities.
2003 — Cemetery and Crematory Oversight
In 2003, the Legislature expanded TFSC's regulatory responsibilities through House Bill 1538.
The legislation transferred certain responsibilities under Texas Health and Safety Code Chapter 711 from the Texas Department of Health to TFSC and gave the Commission regulatory authority over certain non-perpetual care cemeteries. The legislation also clarified state oversight of crematories and the respective responsibilities of TFSC and other state agencies for cemetery regulation.
Perpetual care cemeteries remained subject to separate state oversight, while the Texas Historical Commission continued to have responsibilities related to historic cemeteries.
2019 — Cemetery Regulation Changes
Following the 2018–2019 Sunset review, the Legislature discontinued TFSC's regulation of the limited number of non-perpetual care cemeteries that remained subject to Commission oversight.
TFSC also discontinued its role in mediating private disputes involving access to cemeteries.
Texas law continues to assign certain responsibilities involving historic and non-perpetual care cemeteries to the Texas Historical Commission, while other cemetery matters are governed by state and local laws and may fall under the jurisdiction of other agencies or local authorities.
The 2019 legislation also replaced the cemetery owner or operator position on the Texas Funeral Service Commission with a crematory owner or operator position, reflecting changes in the funeral and death-care professions.
Continued Oversight and Sunset Review
Like many Texas state agencies, TFSC is periodically reviewed by the Texas Sunset Advisory Commission to determine whether the agency continues to be needed and to identify opportunities to improve its operations and regulatory programs.
Legislative changes resulting from previous Sunset reviews have strengthened consumer protections, clarified regulatory authority, and modernized the Commission's responsibilities.
In 2019, the Legislature continued TFSC for an additional 12 years.
2023 — Expansion into Human Anatomical Donation
The 88th Texas Legislature enacted Senate Bill 2040 in 2023, significantly expanding TFSC's responsibilities.
The legislation abolished the Anatomical Board of the State of Texas and transferred its obligations, property, rights, powers, and duties to the Texas Funeral Service Commission. Senate Bill 2040 became effective September 1, 2023, with the transition required to be completed by September 1, 2024.
The legislation also expanded state oversight of human anatomical donation by establishing regulatory requirements for willed body programs, non-transplant anatomical donation organizations, anatomical facilities, and related activities.
TFSC assumed responsibility for administering Texas Health and Safety Code Chapter 691 and for implementing the regulatory framework governing the donation and use of human bodies and anatomical specimens for medical education and scientific research.
State Anatomical Advisory Committee
Senate Bill 2040 also created the State Anatomical Advisory Committee (SAAC) to provide subject-matter expertise and recommendations to the Commission regarding anatomical donation and related regulatory issues.
The committee assists TFSC in evaluating rules, policies, emerging practices, ethical considerations, regulatory gaps, and other matters affecting Human Anatomical Donation Programs.
TFSC Today
Today, the Texas Funeral Service Commission is a statewide regulatory agency responsible for protecting the public and preserving the dignity of the deceased across two major areas of responsibility:
Funeral Service and Cremation
TFSC licenses and regulates funeral directors, embalmers, funeral establishments, commercial embalming facilities, crematories, and other activities within the Commission's jurisdiction.
Human Anatomical Donation
TFSC administers the Human Anatomical Donation Program and oversees certain organizations, facilities, and activities involving donated human bodies and anatomical specimens used for medical education and scientific research.
The agency carries out these responsibilities through licensing and registration, inspections, compliance, complaint investigations, enforcement, rulemaking, education, and public information.
Related Information
Mission & Responsibilities →
Learn about TFSC's mission and current regulatory responsibilities.
Commissioners →
Learn about the members and structure of the Texas Funeral Service Commission.
Human Anatomical Donation Program →
Learn about TFSC's oversight of anatomical donation programs, facilities, and related activities.
State Anatomical Advisory Committee →
Learn about SAAC membership, responsibilities, meetings, and workgroups.
Sunset Review →
View information and documents related to TFSC's review by the Texas Sunset Advisory Commission.
Laws & Rules →
Review the statutes and administrative rules governing TFSC's regulatory programs.