Naked City

By Doug Potter

For 19 months, the Texas Funeral Service Commission has been waiting to adjudicate a pending $445,000 fine against Service Corporation International. And it appears that several more months will pass before the Houston-based funeral giant will be called on to explain why it shouldn't be fined for alleged violations of state embalming and consumer protection laws.

Last week, the commission voted to refer its longstanding investigation into SCI to the State Office of Administrative Hearings. The TFSC -- which has been in disarray since the early 1999 departure of former executive director Eliza May (who has a pending lawsuit against the agency and against SCI) -- has been unable to find many of the records it needs in order to complete its investigation of SCI, which began during May's tenure. The lack of documents, coupled with the agency's small staff, led the six commissioners who oversee the TFSC to vote unanimously to refer the matter to SOAH.

There is clearly some friction between the TFSC and the attorney general's office over the handling of the SCI matter thus far. During the commission meeting, new TFSC executive director Chet Robbins attacked the AG's office for dragging its feet on the SCI inquiry. After the meeting, chairman Harry Whittington complained that the AG's office has issued a legal opinion on the SCI case that "some of us don't agree with. If we follow that opinion, then some of the charges [against SCI] will be dropped."

In another SCI matter, TFSC commissioners voted unanimously to uphold a recommended $2,000 fine against an SCI funeral home in Wichita Falls that was responsible for embalming the body of TV anchor Tres Hood. The commission voted to fault the funeral home for not doing more to discourage the family from viewing Hood's body. However, that fine, too, will remain unpaid until another hearing can be conducted.