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State review finds Texas' funeral regulator stumbled in taking over oversight of donated bodies

Sunset staff say the Texas Funeral Service Commission spent nearly three years without getting its anatomical donation program running, and recommend a contract with the state licensing agency, a new name and a reshaped board.

Tessa Cho· AI-assisted, edited by Jake Team

November 13, 20262 min read

Regulatory oversight - illustration, Jake Team LLC

The state agency put in charge of Texas' whole-body donation system three years ago never got the program properly off the ground, according to a review released this week by staff of the Texas Sunset Advisory Commission.

Lawmakers abolished the old Anatomical Board of the State of Texas in 2023 and moved its work to the Texas Funeral Service Commission, which also licenses funeral homes. Along with that came new duties to regulate willed-body programs, non-transplant anatomical donation organizations and facilities that use donated bodies and specimens to train doctors, first responders, forensic scientists and military personnel.

That transfer "has not gone well," the staff report's executive summary says. Reviewers describe repeated waves of turnover, especially among leaders, rule rewrites that started and stalled, and policies set outside the formal rulemaking process, which they warn leaves the agency open to legal challenges.

By the time the review began, the summary says, the anatomical program was not much further along than when the Legislature handed it over.

How it got here

The Texas Tribune reported that the Legislature ordered this limited review after a 2025 NBC News investigation found that weak state supervision let one research facility profit by cutting up donated bodies and selling the parts to other groups. The commission responded by halting shipments of donated bodies out of Texas, the Tribune said.

The problems reach beyond body donation. Citing the review, the Tribune reported that the agency resolved 197 complaints about funeral services in fiscal 2025, took more than 370 days on average to close each one and ended the year with 603 still pending. It resolved one of 12 complaints involving the anatomical program.

What staff recommend

Because the review was limited to the anatomical program, staff said they could not recommend abolishing the commission or moving its funeral duties elsewhere. Instead, they propose:

  • Requiring the commission to contract with the Texas Department of Licensing and Regulation, which has already helped it set up basic operating procedures for free, and to pay for that support going forward.
  • Changing the commission's name and board makeup so both of its regulatory programs are represented.
  • Ordering the agency to finish rewriting its anatomical rules on a published schedule, adopt a communications plan and write down procedures so work survives staff turnover.
  • Giving the agency power to seek court injunctions against unauthorized anatomical activity and extending oversight to temporary or one-time training events.

Signs of progress

The report also credits new leadership with finally making headway. Several people who work with the agency told reviewers it now appears to be on a better path, though they said they would have urged moving the program to another agency had the review come a few months earlier. Staff warned that transferring it now could undo that progress and prolong the uncertainty.

The commission faces a full Sunset review in the 2030-31 cycle. The recommendations will go to lawmakers ahead of the legislative session that starts in January.

Sources

State of Texas

State of Texas

The Texas Tribune

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Tessa Cho· AI-assisted, edited by Jake Team

Tessa Cho writes about community life, schools, public safety, and local events in Little Elm.

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