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HB 5278

Relating to the licensing and regulation of persons who provide services in relation to the deceased; creating a criminal offense and increasing the punishment for an existing criminal offense; expanding the application of a fee.

89th Legislature (2025) Introduced by Keith Bell

Texas bill expands licensing requirements and criminal penalties for death care service providers while increasing regulatory fees for industry oversight.

Withdrawn from schedule
#cemeteries(i0054) #civilremedies&liabilities(i0065) #crimes--miscellaneous(i0200) #education--higher--healthinstitutions(i0237) #electronicinformationsystems(i0311) #forensictesting(s0545) #funeralservicecommission #texas(v0004) #funerals&funeraldirectors(s9813) #health&humanservicescommission(v0177) #informedconsent(s0057) #organ&tissuedonations(s0305) #occupationalregulation--othertrades&professions(i0541) #physicians(s1282) #recordsmanagement(s0205) #safety(i0740)
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Bill Summary · HB 5278

Legislative bill overview

HB 5278 expands licensing and regulatory requirements for individuals providing services related to deceased persons in Texas. The bill creates new criminal offenses and increases penalties for existing violations while expanding the application of regulatory fees in this sector.

Why is this important

This legislation directly affects funeral homes, crematoriums, burial services, and related death care industries by establishing stricter oversight mechanisms. It impacts both service providers through new compliance requirements and potentially consumers through fee structures, while also establishing clearer legal consequences for violations in an industry with significant public trust implications.

Potential points of contention

  • Industry burden vs. consumer protection: Expanded licensing and fees may increase operational costs for small death care businesses, potentially raising service costs for families, versus improved oversight preventing fraud or misconduct
  • Vague criminal provisions: The bill's language about "services in relation to the deceased" is broad and could create uncertainty about which practitioners require licensing and what constitutes a violation
  • Fee expansion scope: Without seeing specific fee details, critics may argue fees represent revenue generation rather than regulatory necessity, while supporters may view them as appropriate funding for expanded oversight

Compiled from official sources — confirm details with the bill’s official record.

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