The recent election may have concluded, but the journey towards ensuring accountability among Texas officials is just beginning.
A critical review by the Texas Sunset Advisory Commission has raised alarms about the Texas Funeral Service Commission’s oversight of the state’s body-donation program, describing it as dangerously inadequate. The report highlights essential regulatory failures that could threaten the agency’s future stability and operational effectiveness.
Over the past year, the commission, which oversees approximately 1,200 funeral homes and embalming facilities across Texas, has faced serious allegations of mismanagement, particularly regarding its Human Anatomical Donation Program. This initiative involves the transfer of human remains to medical schools and research facilities, yet reports have surfaced indicating that a lack of state oversight allowed one facility to profit by dismembering donated bodies for resale.
In response to these concerns, which were first reported by NBC News over a year ago, the funeral commission took action by conducting its own review and implementing a moratorium on shipments outside the state. Subsequently, the Texas Legislature mandated a focused review of the body donation program, though a more exhaustive examination is scheduled for 2029.
The Sunset process is a decadal evaluation of an agency’s performance that informs lawmakers ahead of legislative sessions, with its findings often shaping future bills aimed at improving agency efficiency and effectiveness.
Persistent Issues Identified
The Human Anatomical Donation Program was assigned to the funeral commission three years ago. Since then, the commission has been embroiled in turmoil, as noted in the Sunset report. Reviewers found that the commission had not established appropriate rules or enforced them promptly, exposing the agency to potential legal liabilities. Significant statutory and organizational changes will be necessary for the agency to continue its oversight of the program.
Additional long-standing issues include the commission’s ineffective communication regarding its own regulations, leading to ongoing confusion about its processes. The Sunset review team emphasized that the agency has struggled to execute basic functions expected of any operational state agency.
For instance, the commission faced challenges in transitioning from Google Workspace to Microsoft Office, which is the standard among Texas agencies. Although required to select a state-approved contractor for this transition, the commission opted for a different route, prolonging the process.
For over a year, the funeral commission has prioritized traditional regulatory tasks over the anatomical donation program. However, it has experienced high employee turnover, resulting in a backlog of enforcement cases related to funeral services. In fiscal year 2025, the commission resolved 197 complaints, but the average resolution time exceeded 370 days, leaving 603 unresolved complaints by the end of the year.
In the same fiscal year, the commission received 12 complaints concerning the anatomical donation program, resolving only one of them. The Sunset review noted that timely complaint resolution has long been an issue for the Texas Funeral Service Commission.
