CAUSE NO. 99-03487

ELIZA MAY § IN THE DISTRICT COURT OF

vs. §

TEXAS FUNERAL SERVICE §

COMMISSION, ROBERT L. WALTRIP § TRAVIS COUNTY, TEXAS

SERVICE CORPORATION §

INTERNATIONAL, and SCI §

MANAGEMENT CORPORATION, and §

GOVERNOR GEORGE W. BUSH, in §

his official capacity as Governor of §

Texas, and Individually § 261ST JUDICIAL DISTRICT

PLAINTIFF'S RESPONSE TO REQUEST FOR DISCLOSURE

BY DEFENDANT GOVERNOR GEORGE W. BUSH

TO: Defendant, GOVERNOR GEORGE W. BUSH, by and through his attorneys of record, Robert O’Keefe and Joseph Crawford, TEXAS ATTORNEY GENERAL, Assistant Attorneys General, General Litigation Division, P.O. Box 12548, Capitol Station, Austin, Texas 78711-2548

Pursuant to Texas Rule of Civil Procedure 194.3, Plaintiff, Eliza May (“May”) serves this Response to Defendant, Governor George W. Bush’s (“Governor Bush”), Request for Disclosure, and for such disclosure would respectfully respond as follows:

(a) the correct names of the parties to the lawsuit.

Response: The correct names of the parties are as shown in the style of the case above.

(b) the name, address, and telephone number of any potential parties.

Response: May has not determined that there are other persons who should be joined as parties at present. However, persons who are nonparties, but who appear to have been involved as co-conspirators with the parties named in the Plaintiff's First Amended Original Petition, and who therefore could be joined as parties, include Governor Bush’s former Chief of Staff, Joe Allbaugh, his General Counsel Margaret Wilson, Senator John Whitmire, Johnnie B. Rogers, Leo T. Metcalf, III , Robert G. Duncan, and Texas Attorney General John Cornyn. Addresses for those persons are as follows:

Joe Allbaugh Johnnie B. Rogers

Office of the Governor 11003 Onion Creek Court

1100 San Jacinto Austin, Texas 78747

Austin, Texas 78701 512/282-5518

512/463-2000

Senator John Whitmire Leo T. Metcalf, III

Capitol Extension SCI Management Corporation

Room 3E.6 1712 North Frazier, #117

Austin, Texas 78701 Conroe, Texas 77301

512/463-0115 409/756-3311

Robert G. Duncan Margaret Wilson

Colonial Services, Inc. Office of the Governor

1801 East Red River 1100 San Jacinto

Victoria, Texas 77901 Austin, Texas 78701

512/463-2000 512/576-0043

John Cornyn

Texas Attorney General

209 West 14^th Street

Price Daniel, Sr. Building, 8^th Floor

Austin, Texas 78701

512/463-2191

May will supplement this response as more information becomes available in discovery.

(c) the legal theories and, in general, the factual bases of the responding party's claims or defenses (the responding party need not marshal all evidence that may be offered at trial).

Response: May repeatedly reported, and objected to the fact that in apparent violation of Texas law, SCI apparently had two employees serving as Commissioners on the TFSC at the same time: Leo T. Metcalf (“Metcalf”), and Robert G. Duncan (“Duncan”). Section 2(A)(6) of Article 4582b provides: “No person shall be appointed to the commission who is an officer or employee of a corporation or other business entity controlling or operating, directly or indirectly, more than three funeral establishments, if another commissioner is also an officer or employee of the same corporation or business entity.” May reported, and objected to, this improper conflict of interest and undue and improper influence by and on behalf of SCI. May (and other TFSC employees) repeatedly reported the improper involvement and intervention of these two Commissioners in matters affected SCI.

May reported that in January 1998, TFSC staff found evidence indicating that two entities owned by or affiliated with SCI were performing embalming services without having proper licenses. Further, at about the same time, in the course of a routine audit of “provisional licensee” case files, TFSC staff learned that two persons who were purportedly provisional

licensees were performing embalming work for, or in connection with an SCI affiliate that did not have proper licensure.

Under Texas law a provisional licensee is a person “engaged in learning the practice of funeral directing and/or embalming under the instruction, direction and personal supervision of a duly licensed funeral director and/or embalmer of and in the State of Texas in accordance with the [Tex. Rev. Civ. Stat. Ann. art. 4582b], and having been duly issued a provisional license by [TFSC] . . . .” Tex. Rev. Civ. Stat. Ann. art. 4582b, § 1(E). The TFSC investigation indicated, among other things, that, apparently in an attempt to increase profit and/or decrease liability, SCI’s Sparkman-Crane Funeral Home in Dallas, Texas (“Sparkman-Crane”), was allowing William G. Honeycutt (“Honeycutt”) to conduct embalming services in the Sparkman-Crane on-site embalming facility without proper licensing. Honeycutt, in turn, was supposedly involved in supervising the provision licensees. The provisional licensees in issue had reported that they were performing their work at “Dallas Embalming Service,” but no such entity had an embalming license.

Texas law defines “embalmer” as a person who “for compensation disinfects or preserves a dead human body, entire [sic] or in part by the use of chemical substances, fluids, or gases in the body, or by the introduction of the same into the body by vascular or hypodermic injection, or by direct application into the organs or cavities, or by any other method intended to disinfect or preserve a dead human body, or restore body tissues and structures.” Tex. Rev. Civ. Stat. Ann. art. 4582b, § 1(D). The same provision makes it illegal in Texas for anyone who is not a licensed embalmer or a provisional licensee working under the supervision of a licensed embalmer to engage in embalming services. “[T]o ensure the maximum inhibition of pathogenic organisms in the dead human body,” TFSC regulations prescribe certain “minimum standards of performance” required of licensed embalmers in Texas. See TFSC Regulations, § 203.16(a). Those standards, for example, specify certain procedures to avoid pathogenic contamination, including sterilization methods, destruction of contaminated clothing, use of antiseptic fluids, body cavity treatment, and the use of certain arterial fluids. Section 203.16(a)(1) provides generally that embalming “shall be performed only by embalmers licensed by the commission, in properly equipped and licensed establishments . . . .”

The TFSC staff determined that the two “provisional licensees” in question were ineligible in January 1998 to participate in scheduled “exit interviews,” which are another licensing requirement. Despite that TFSC staff determination, at the instigation of Metcalf (an SCI employee) the TFSC Commissioners conducted an illegal, unposted, closed meeting on January 28, 1998, in violation of the Texas Open Meetings Act, to deliberate on the eligibility of the two individuals in question. May objected to and reported on the illegality of that meeting concerning SCI personnel.

On or about March 6, 1998, TFSC denied applications for licenses sought by Honeycutt. Honeycutt’s two applications were for licensure of commercial embalming establishments, ostensibly to act as “Dallas/Fort Worth Mortuary Service,” but to do so in the establishment preparation rooms of Sparkman-Crane in Dallas and of Lucas Funeral Home (“Lucas”) in Hurst, Texas. The TFSC’s authorizing statute, Article 4582b, as interpreted by TFSC’s in-house legal counsel and other TFSC staff, did not authorize licensure of this type of commercial embalming establishment within an established, licensed funeral home, and May reported on that matter.

On March 25, 1998, TFSC Commissioner Metcalf, the employee of SCI who works or worked at SCI’s corporate headquarters in Houston, Texas, called TFSC staff to complain about the denial of the license to Honeycutt. Metcalf did so despite the fact that he had an obvious conflict of interest that should have led him to recuse himself from any investigation involving SCI or any other matter involving SCI. TFSC staff reminded Metcalf of the conflict of interest, but rather than recuse himself, Metcalf then called May to complain about and question the Honeycutt licensure denial. On the following day, Metcalf continued to contact May to continue to advocate the licensure of Honeycutt. On the same day, Johnnie B. Rogers, legal counsel for SCI, called May and again questioned TFSC’s action in denying the Honeycutt license applications. May reported repeatedly on Commissioner Metcalf’s improper actions on behalf of SCI.

Because of what appeared to be illegal embalming practices connected with various SCI funeral homes around the state, on March 31, 1998 TFSC issued subpoenas to 28 funeral homes in Texas that appeared to be involved in the improper arrangement, or that had received bodies embalmed by SCI-affiliated embalmers that were not properly licensed. On or about April 3, 1998, immediately after service of the subpoenas (by mail), Metcalf contacted TFSC staff to complain about and challenge the issuance of the subpoenas. TFSC’s in-house legal counsel reminded Metcalf of the obvious conflict of interest in his interjecting himself in an investigation involving his employer, SCI. Commissioner Metcalf, however, persisted in his demands and complaints about the investigation of SCI. Even after the admonition from TFSC’s in-house counsel, Metcalf immediately called May on the same day about the same matters, continuing to participate in the matter in violation of the conflict of interest prohibitions.

Again on the same day, Duncan called May to report that SCI Chairman and CEO Robert Waltrip had called him, and was “very upset” over the subpoenas and “was going to the Governor if he had to.” Duncan informed May that “for her own good,” TFSC should not use any subpoena process, but instead should send investigators to each of the 28 individual facilities to inspect the records on-site. Duncan knew that with only four inspectors on staff – and a total TFSC staff of only ten employees – the suggestion of such a time-consuming, staff-intensive procedure, simply to obtain records, was highly impractical. To maintain the pressure on May and the TFSC, on the same day, James Shelger, SCI’s General Counsel, and other SCI lawyers representing SCI, also called TFSC staff to question and complain about the issuance of the subpoenas.

Then, on April 7, 1998, the TFSC received a letter from Johnnie B. Rogers, one of SCI’s lawyers, stating that SCI affiliated funeral homes refused to comply with the subpoenas, and contended that the TFSC lacked authority to issue the subpoenas. TFSC’s authorizing statute specifically provides that “[t]he commission may issue . . . subpoenas and subpoenas duces tecum.” Tex. Rev. Civ. Stat. Ann. art 4582b, § 2(L).) Rogers echoed Duncan’s demand that the TFSC should be required to send investigators to each of the 28 locations to inspect the records of the funeral homes on-site. Rogers, of course, also knew that with only 4 investigators, such on-site inspections of 28 facilities were not feasible for the TFSC without substantial delay. The SCI entities refused to comply fully with the subpoenas, as reported repeatedly by May.

On April 8, 1998, May received a threat from Josh Kimball, one of the two SCI-affiliated provisional licenses whose supervision the TFSC staff originally questioned. Kimball called and complained about the investigation and demanded information about the subpoenas that TFSC has issued. He then said: “I am going to kill all of you.” May reported the threat from the SCI provisional licensee to TFSC Chairman, Charles McNeil, and to the Austin Police Department. Such conduct violates Texas law, including Texas Penal Code, § 36.03(a) – “A person commits an offense if by means of coercion he: (1) influences or attempts to influence a public servant in a specific exercise of his official power or a specific performance of his official duty or influences or attempts to influence a public servant to violate the public servant’s known legal duty . . . ;” Texas Penal Code, § 36.06(a) – “A person commits an offense if he intentionally or knowingly harms or threatens to harm another by an unlawful act: (1) in retaliation for or on account of the service or status of another as a: (A) public servant . . . ; or (B) person who has reported or who the actor knows intends to report the occurrence of a crime; or (2) to prevent or delay the service of another as a: (A) public servant . . . ; or (B) person who has reported or who the actor knows intends to report the occurrence of a crime.”

Although SCI and its affiliated funeral homes responded to the TFSC subpoenas with refusal, hostility, obstructionism, and threats, each of the non-SCI entities that received subpoenas voluntarily complied with the subpoenas and followed the law.

On April 10, 1998, in response to the improper demands and law violations of SCI, Metcalf, Duncan and Rogers (after May complained of the improper influence on and intervention in the TFSC investigation), TFSC sent out two teams of inspectors to try to inspect the funeral home records on-site at two funeral homes, Sparkman-Crane and Lucas. When the inspectors arrived, they presented the funeral homes with a letter requesting the same documents as were listed in the subpoena. Initially the funeral homes refused to permit the investigators to inspect the records. That also violated Texas law including, Article 4582b, § 2(L) – “The commission may issue, or delegate to the executive director the power to issue, subpoenas and subpoenas duces tecum.”; § 4D(1)(b) – “Failure by any person associated with the funeral establishment . . . to comply with this Act or a rule adopted under this Act.”; and 22 Tex. Admin. code § 201.7.(b) – “The executive director shall have the power to issue subpoenas and subpoena duces tecum to compel . . . the production of books, records, and documents.” May reported these violation as well. Eventually the inspector team at the Sparkman-Crane funeral home obtained production of the items that were on-site that were responsive to the subpoena; however, it turned out that most of the documents responsive to the subpoena categories were not on site, but rather were in SCI’s Houston headquarters. Lucas was even more obstructionist and hostile, and further violated the law, in refusing to produce any documents until police arrived at the scene.

By April 11, 1998, Metcalf, Rogers and Duncan had called TFSC Chairman McNeil to complain about the TFSC subpoenas, the on-site inspections, and the ongoing investigation. On April 13, 1998, Robert Waltrip called TFSC Chairman McNeil complaining abut the investigation, the subpoenas, and the on-site visits. Waltrip threatened to sue TFSC and improperly and illegally threatened to have the TFSC abolished by the Texas Legislature. These actions violated laws, including Texas Penal Code, § 36.04(a) – “A person commits an offense if he privately addresses a representation, entreaty, argument, or other communication to any public servant who exercises or will exercise official discretion in an adjudicatory proceeding with an intent to influence the outcome of the proceeding on the basis of considerations other than those authorized by law;” Texas Penal Code, § 36.03(a) – “A person commits an offense if by means of coercion he: (1) influences or attempts to influence a public servant in a specific exercise of his official power or a specific performance of his official duty or influences or attempts to influence a public servant to violate the public servant’s known legal duty . . . ;” Texas Penal Code, § 36.06(a) – “A person commits an offense if he intentionally or knowingly harms or threatens to harm another by an unlawful act: (1) in retaliation for or on account of the service or status of another as a: (A) public servant . . . ; or (B) person who has reported or who the actor knows intends to report the occurrence of a crime; or (2) to prevent or delay the service of another as a: (A) public servant . . . ; or (B) person who has reported or who the actor knows intends to report the occurrence of a crime.”

On April 14, 1998 Waltrip called May to again complain to her about TFSC’s issuance of subpoenas and the on-site visits. In that conversation Waltrip threatened to “do what [he] had to do.” Immediately following the conversation with May, Waltrip again called Chairman McNeil, and stated that he was going to file a complaint against TFSC the next day “and take it all the way to the Governor’s office.”

The next day, on April 15, 1998, apparently in an attempt to distract attention away from SCI’s own apparent violations of the law, Waltrip, accompanied by his counsel, Rogers, appeared at May’s office with his written “complaint” about the TFSC investigation. The last page of the “complaint” indicated that Waltrip had sent, or intended to send a copy of the complaint to Governor Bush. (On April 28, 1998, Waltrip provided supplemental materials with respect to his “complaint” and again indicated that he provided a copy to Governor Bush.) In fact, apparently Waltrip and Rogers hand-delivered a copy of the “complaint” to Governor Bush and/or members of his staff, and Waltrip and/or Rogers spoke to Governor Bush.

There then began a campaign of improper political pressure and intimidation and interference by the Governor of Texas and his staff, acting for the benefit of SCI and Waltrip, for the purpose of subverting Texas law and impeding, undermining, and halting the TFSC investigation of SCI affiliates. May repeatedly reported and complained of the illegal and improper pressure and conspiracy, and the efforts of the Governor and his staff to promote, assist, and aid SCI in attempting to impede and subvert the TFSC investigation of SCI. The Governor of Texas and his staff lack statutory and constitutional authority to intervene in an ongoing TFSC investigation, yet that is what they did.

Approximately forty-five minutes after Waltrip and Rogers left May’s office, she received a phone call from the office of Governor Bush, specifically from Joe Allbaugh, who was then Chief of Staff to Governor Bush. While May was unable to accept Allbaugh’s call when it came into the TFSC office, she returned Allbaugh’s call, but was told he was not available. Chairman McNeil also received a phone call from someone else in Governor Bush’s office: Polly Sowell, from the Governor’s appointments office. Sowell asked McNeil about the investigation, including the purpose and nature of the investigation. At McNeil’s direction, May called Sowell and explained the general nature of the investigation. At the same time, May reported to Sowell the conflict of interest violations of the SCI employees who were commissioners on TFSC.

At about the same time, McNeil informed May that SCI had sent Waltrip’s “complaint” to all of the TFSC commissioners to increase pressure with respect to the investigation at issue. McNeil also told May that Governor Bush’s office had instructed him to agree to SCI’s proposal for the TFSC to conduct an investigation of the TFSC staff involved in the on-site inspections of the SCI-affiliated funeral homes. Again, such an “instruction” was an illegal demand and illegal intervention of the Governor into the ongoing TFSC investigation of SCI. It also reflects an illegal conspiracy among the Governor, his staff, SCI, Waltrip, and SCI’s representatives, and an improper and illegal effort by the Governor and his staff to promote or assist the commission of an offense, in attempting to impede and halt the TFSC investigation, and to cover up the offenses by SCI and Waltrip.

In the days following April 10, Metcalf and Duncan contacted all or most of the TFSC Commissioners to follow up on and reiterate Metcalf’s earlier complaints about the TFSC staff’s alleged conduct during the subject investigation. Moreover, apparently following up on Waltrip’s demand that instead of investigating SCI, TFSC should investigate its own staff, Duncan and Metcalf apparently contacted the other TFSC Commissioners in violation of the Open Meetings Act, and of course in violation of the conflict of interest law, in attempts to convince the commissioners that the investigation should focus on TFSC staff instead of the alleged violations of law by SCI and it funeral home affiliates.

During this same time period, and presumably at the urging of Waltrip and/or SCI, various members of the Texas Legislature began calling or writing letters to the TFSC Commissioners and/or to May echoing Waltrip’s and SCI’s heavy-handed efforts to shift the focus of the investigation from SCI’s violations of the law to the TFSC staff. All of the legislators who inquired about the investigation were recipients of SCI campaign contributions. A series of nearly identical letters, apparently authored initially by SCI or its representative(s), deluged the Commissioners, to apply yet more crass political pressure and intimidation.

Thus, while the SCI-PAC was doling out political contributions, the political pressure to investigate TFSC staff, rather than SCI’s funeral homes, became intense. This was part of the illegal conspiracy involving, among others, SCI, Waltrip, and the Governor and his staff, to try to impede or halt the TFSC investigation of SCI.

On May 7, 1998, May made a report at a regularly scheduled TFSC Commission meeting concerning the status of the investigation, various apparent violations of the law by SCI and by certain Commissioners, the pressure by SCI, and the “complaint” lodged by Waltrip and SCI against TFSC. In the course of her report, May reported the apparent violations of the conflict of interest and other laws by Metcalf and Duncan, including Metcalf’s obvious conflict in his position as Chair of TFSC Complaint Review Committee, Metcalf’s and Duncan’s multiple calls and other intervention attempting to influence the TFSC investigations and inspections of SCI affiliated funeral homes, and Metcalf’s calls and contacts to exert pressure with respect to the SCI investigation. In that same report, May also referred to the illegal threats and attempted intimidation and coercion by Waltrip and SCI to prevent the TFSC staff from performing their duties under the law. May further reported the January 1998 violation of the Texas Open Meetings Act by the Commissioners themselves, when they conducted the unposted, closed meeting concerning the SCI provisional licensees. May also reported the underlying illegality involved in the SCI affiliated funeral homes that operated without proper licenses and thus performed illegal embalming and the accompanying improper supervision of the provisional licensees in question – practices that Metcalf and Duncan had attempted to defend and shield. May also reported that Waltrip had improperly called upon the Commissioners to terminate the employment of the entire TFSC staff, and Waltrip’s general efforts to obstruct the investigation of SCI affiliated funeral homes and to threaten the TFSC employees. At the same May 1998 meeting at which May provided this report, McNeil stated the he had spoken with “members” of Governor Bush’s office, and that as a result of that conversation, his directive now was to grant Waltrip and/or SCI’s request for an investigation of TFSC staff. Thus, McNeil, in effect, admitted that the Governor and his staff had intervened and were taking over direction of the TFSC with respect to certain issues arising from the TFSC investigation of SCI.

Metcalf asserted that as chairman of the Commission’s Complaint Review Committee, he recused himself when an accusation arose involving an SCI affiliated funeral home. Metcalf then confessed that he had “phoned the Commission, as chair of the Complaint Review Committee, to ask why the agency was going about this [SCI investigation] in such a manner in which the Commission had never done before.” Metcalf further stated that he “has every right to find out why the agency is conducting an investigation like never conducted before.”

On May 11, 1998 – four days after that Commission meeting – Senator John Whitmire of Houston called May, using a threatening and intimidating tone. Whitmire demanded that May report to his office at 8:00 a.m. the next morning day to justify the TFSC’s position with respect to the investigation of SCI affiliated funeral homes, and to explain the report she had given at the May 7, 1998 TFSC meeting. Whitmire also indicated that SCI intended to sue the TFSC. Whitmire was the recipient of a substantial amount of campaign contributions from SCI. What Whitmire did not state at the time was that he worked for, or was of counsel to, the law firm that represented SCI. Whitmire then undertook his own heavy-handed, intimidating efforts to back off May and TFSC from the SCI investigation. Whitmire, then, also joined the conspiracy to impede and interfere with the TFSC investigation and May’s performance of her official duties.

On May 12, 1998, as demanded, May reported to Senator Whitmire’s office, accompanied by the TFSC legal counsel. In his office, Senator Whitmire and two aides confronted May and proceeded to interrogate her in a hostile, abusive fashion concerning her investigation of SCI affiliated funeral homes. One of the senator’s aides asked “Don’t you realize who Waltrip is?” They also attacked McNeil as a “competitor” of SCI, and questioned whether that was the motive for the SCI investigation. Whitmire and his aides also indicated concern that the investigation could hurt SCI’s stock prices. Collectively, Whitmire and his staff attacked May and the TFSC for the investigation of SCI affiliated funeral homes, for the issuance of the subpoenas, and for the on-site inspection. Whitmire, et al.’s approach was prosecutorial, brow-beating, harassing, and pressuring. May reported the apparent conflict of interest violations of the law by Duncan and Metcalf, but Whitmire dismissed those matters completely, indicating that he was uninterested in any such violations and did not want to hear about them. Whitmire also stated that he intended to demand that May attend another meeting the following week, this time with Waltrip present, to try to “put an end to the matter.” Whitmire indeed scheduled another meeting for 8:00 a.m. May 18, 1998, apparently for the purpose of further influencing and impeding the ongoing TFSC investigation.

May reported these events and violations to the Texas Attorney General’s office and explained the ongoing interference and pressure exerted upon her and the TFSC with regard to this investigation. McNeil and the TFSC’s in-house legal counsel accompanied May to the second meeting in Whitmire’s office. When they arrived at about 7:45 a.m., Whitmire was not present, but his staff directed May and McNeil immediately to proceed to the office of Governor Bush. May, McNeil, and TFSC’s counsel proceeded into the Governor’s office. Shortly after 8:00 a.m., Whitmire emerged from the office of Bush’s Chief of Staff, Allbaugh, where the two had obviously been meeting. Whitmire then escorted May, McNeil, and TFSC’s counsel into Allbaugh’s office. Whitmire refused to allow a court reported hired by the TFSC to record the meeting to enter the office where the discussions would be held. Already present in the office were: Governor Bush’s General Counsel, Margaret Wilson; SCI’s counsel, Johnnie B. Rogers, SCI’s lobbyist, Johnnie B. Rogers, Jr.; and Waltrip. While Allbaugh began the meeting, the floor was given to Whitmire, who, assisted by Johnnie B. Rogers, essentially gave a repeat performance of the earlier inquisitorial attack against TFSC and May. The Waltrip group also attacked McNeil as a “competitor” of SCI, and questioned whether that was the motive for the SCI investigation. The meeting ended with Allbaugh, in a hostile, peremptory tone, demanding that TFSC staff deliver to him by 1:00 p.m. that afternoon a letter stating exactly what documents TFSC staff required to close the SCI investigation. Thus, once again, the Governor, through his staff, and those members of his staff, directly intervened in the TFSC investigation of SCI, gave improper and illegal directions to TFSC and May, and generally acted to further the purposes of the conspiracy.

Following this remarkable meeting, May again reported and complained about the continuing interference, pressure, harassment, and violations, with respect to the ongoing TFSC investigation. Despite the obvious wrongful exertion of influence, May and the TFSC did indeed deliver a letter to Allbaugh with respect to the investigation on or before the deadline established by Allbaugh.

Shortly after that meeting, Governor Bush’s General Counsel Margaret Wilson called May. Wilson told May that she was “under a lot of pressure” to bring this matter to a conclusion or else Governor Bush would “take the investigation away from” the TFSC. Thus, once again, the Governor and his staff, improperly intervened in the investigation and threatened to do what the Governor had no legal right or statutory or constitutional basis to do, and did so for the personal and financial benefit of his and his family’s longtime friend, Waltrip, and Waltrip’s company, SCI.

Later, on approximately June 3, 1998, the TFSC finally received some additional information responsive to the subpoenas that TFSC had issued two moths earlier. Instead of SCI delivering the information, however, Whitmire’s staff delivered the information. Moreover, the additional information still proved to be an inadequate and incomplete response to the subpoenas.

On August 3, 1998, the Complaint Review Committee (CRC) of the TFSC held a meeting, in part to consider the TFSC staff’s report on the status of the investigation of the SCI licensing issues. Metcalf did not attend. Based upon the findings of the CRC, on August 7, 1998, the TFSC issued letters indicating the violations found, and the penalties assessed against

more than twenty SCI-affiliated funeral homes. May and TFSC staff reported on a multitude of apparent violations by SCI and its affiliates. Those violations included the following:

1. “Professional Morticians of Fort Worth/Dallas,” through its FDIC and employees and/or agents, operated as a commercial embalmer since September 30, 1997, without a commercial embalmers establishment license in violation of Section 4(C), Article 4582b, and thereby violated Section 4(C)(1)(a), Article 4582b.

2. “Professional Morticians of Fort Worth,” through its FDIC and employees and/or agents, permitted provisional licensees to embalm without personal supervision in violation of Sections 3(D)(1), 3(H)(20), 3(H)(26), and 3(H)(27), Article 4682b, and Commission Rule 203.6, and thereby violated Section 4(D)(1)(b), Article 4582b.

3. “Dallas/Fort Worth Mortuary Service,” through its employees and/or agents, operated as a commercial embalmer from approximately January 1, 1998, through April 10, 1998, without a commercial embalmers establishment license in violation of Section 4(C), Article 4582b, and thereby violated Section 4(D)(1)(a), Article 4582b.

4. “Dallas/Fort Worth Mortuary Service,” through its employees and/or agents, permitted provisional licensees to embalm without personal supervision in violation of Sections 3(D)(1), 3(H)(20), 3(H)(26), and 3(H)(27), Article 4582b, and Commission Rule 203.6, and thereby violated Section 4(D)(1)(b), Article 4582b.

5. “Dallas/Fort Worth Mortuary Service,” through its employees and /or agents, operated as a commercial embalmer from approximately January 1, 1998, through April 10, 1998, without a commercial embalmers establishment license in violation of Section 4(C), Article 4582b, and thereby violated Section 4(D)(1)(a), Article 4582b.

6. “Dallas Embalming Service,” through its employees and/or agents, operated as a commercial embalmer from approximately January 29, 1997, through December 31, 1997, (and into January l998) without a commercial embalmers establishment license in violation of Section 4(C), Article 4582b, and thereby violated Section 4(D)(1)(a), Article 4582b.

7. “Dallas Embalming Service,” through its employees and/or agents, permitted provisional licensees to embalm without personal supervision in violation of Sections 3(D)(1), 3(H)(20), 3(H)(26), and 3(H)(27), Article 4582b, and Commission Rule 203.6, and thereby violated Section 4(D)(1)(b), Article 4582b.

8. “Lucas Funeral Home” (FH # 00662), through its FDIC and employees and/or agents, used the services of “Professional Morticians of Fort Worth/Dallas,” which violated Section 4(C), Article 4582b by operating as a commercial embalmer since September 30, 1997, without a commercial embalmers establishment license, and thereby violated Section 4(D)(1)(b), Article 4582b.

9. “Lucas Funeral Home” (FH # 00662), through its FDIC and employees and/or agents, used the services of “Dallas/Fort Worth Mortuary Service,” which violated Section 4(C), Article 4582b by operating from approximately January 1, 1998, through April 10, 1998, as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(D)(1)(b), Article 4582b.

10. “Lucas Funeral Home” (FH # 00662), through its FDIC and employees and/or agents, used the services of “Lucas Hurst Embalming Division,” which violated Section 4(C), Article 4582b by operating as a commercial embalmer from approximately April 10, 1998 through at least August, 1998, without a commercial embalmers establishment license, and thereby violated Section 4(D)(1)(b), Article 4582b.

11. Alternatively, “Lucas Funeral Home” (FH # 00662), through its FDIC and employees and/or agents, operated under the name “Lucas Hurst Embalming Division” in violation of Commission Rule 203.29 and Section 3(H)(26), Article 4582b, and thereby violated Section 4(D)(1)(b), Article 4582b.

12. “Lucas Funeral Home” (FH # 00662), through its FDIC and employees and/or agents, committed a deceptive act or practice in not advising consumers that the price being charged. for embalming is not the same as the cost to the funeral provider, in violation of Section 3(H)(26), Article 4582b, and Commission Rule 203.8(Q(l), and thereby violated Section 4(D)(1)(b), Article 4582b.

13. “Lucas Funeral Home” (FH # 00662), through its FDIC and employees and/or agents, embalmed without proper authority a dead human body, in violation of Section 3(H)(11A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A, Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(D)(1)(b), Article 4582b.

14. “Lucas Funeral Home” (FH # 00662), through its FDIC and employees and/or agents, engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(D)(1)(b), Article 4582b.

15. “Sparkman-Crane Funeral Home,” through its FDIC and employees and/or agents, used the services of “Dallas Embalming Service,” which violated Section 4(C), Article 4582b by operating as a commercial embalmer from approximately January 29, 1997, through December 31, 1997, (and through January 1998) without a commercial embalmers establishment license, and thereby violated Section 4(D)(1)(b), Article 4582b.

16. Alternatively, “Sparkman-Crane Funeral Home,” through its FDIC and employees and/or agents, operated under the name “Dallas Embalming Service” in violation of Commission Rule 203.29 and Section 3(H)(26), Article 4582b, and thereby violated Section 4(D)(1)(b), Article 4582b.

17. “Sparkman-Crane Funeral Home,” through its FDIC and employees and/or agents, used the services of “Dallas Embalming Service,” which permitted provisional licensees to embalm without personal supervision in violation of Sections 3(D)(1), 3(H)(20), 3(H)(26), and 3(H)(27), Article 4582b, and Commission Rule 203.6, and thereby violated Section 4(D)(1)(b), Article 4582b.

18. Alternatively, “Sparkman-Crane Funeral Home,” though its FDIC and employees and/or agents, permitted provisional licensees to embalm without personal supervision in violation of Sections 3(D)(1), 3(H)(20), 3(H)(26), and 3(H)(27), Article 4582b, and Commission Rule 203.6, and thereby violated Section 4(D)(1)(b), Article 4582b.

19. “Sparkman-Crane Funeral Home,” through its FDIC and employees and/or agents, used the services of “Dallas/Forth Worth Mortuary Service,” which violated Section 4(C), Article 4582b by operating as a commercial embalmer from approximately January 1, 1998, through April 10, 1998, without a commercial embalmers establishment license, and thereby violated Section 4(D)(1)(b), Article 4582b.

20. “Sparkman-Crane Funeral Home,” through its FDIC and employees and/or agents, used the services of “Dallas/Fort Worth Mortuary Service,” which permitted provisional licensees to embalm without personal supervision in violation of Sections 3(D)(1), 3(H)(20), 3(H)(26), and 3(H)(27), Article 4582b, and Commission Rule 203.6, and thereby violated Section 4(D)(1)(b), Article 4582b.

21. “Sparkman-Crane Funeral Home,” through its FDIC and employees and/or agents, used the services of “Professional Morticians of Fort Worth,” which permitted provisional licensees to embalm without personal supervision in violation of Sections 3(D)(1), 3(H)(20), 3(H)(26), and 3(H)(27), Article 4582b, and Commission Rule 203.6, and thereby violated Section 4(D)(1)(b), Article 4582b.

22. “Sparkman-Crane Funeral Home,” through its FDIC and employees and/or agents, used the services of “Sparkman-Crane Embalming Division,” which violated Section 4(C), Article 4582b by operating as a commercial embalmer from approximately April 10, 1998, through at least August, 1998, without a commercial embalmers establishment license, and thereby violated Section 4(D)(1)(b) , Article 4582b.

23. Alternatively, “Sparkman-Crane Funeral Home,” through its FDIC and employees and/or agents, operated under the name “Sparkman-Crane Embalming Division” in violation of Commission Rule 203.29 and Section 3(H)(26), Article 4582b, and thereby violated Section 4(D)(1)(b), Article 4582b.

24. “Sparkman-Crane Funeral Home,” through its FDIC and employees and/or agents, committed a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Section 3(H)(26), Article 4582b, and Commission Rule 203.8(0(1), and thereby violated Section 4(D)(1)(b), Article 4582b.

25. “Sparkman-Crane Funeral Home,” through its FDIC and employees and/or agents, embalmed without proper authority a dead human body, in violation of Section 3(H)(11A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A, Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(D)(1)(b), Article 4582b.

26. “Sparkman-Crane Funeral Home,” through its FDIC and employees and/or agents, engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(D)(1)(b), Article 4582b.

27. Licensee Robert Gazaille, as FDIC of “Professional Morticians Service of Fort Worth/Dallas,” permitted the business to operate as a commercial embalmer without a commercial embalmers establishment license from September 30, 1997, in violation of Section 4(C), Article 4582b, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

28. Licensee Doyle Ooten, as FDIC of “Professional Morticians Service of Fort Worth,” permitted provisional licensees to embalm without personal supervision in violation of Sections 3(D)(1), 3(H)(20), 3(H)(26), and 3(H)(27), Article 4582b, and Commission Rule 203.6, and thereby violated Section 4(E) and Sections 3(H)(20), 3(H)(26), and 3(H)(27), Article 4582b.

29. Licensee William G. Honeycutt, as FDIC of “Lucas Funeral Home” (FH 00662), used the services of “Professional Morticians of Fort Worth/Dallas,” which violated Section 4(C), Article 4582b by operating since September 30, 1997, as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

30. Licensee William G. Honeycutt, as FDIC of “Lucas Funeral Home” (FH 00400), used the services of “Professional Morticians of Fort Worth/Dallas,” which violated Section 4(C), Article 4582b by operating since September 30, 1997, as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

31. Licensee William G. Honeycutt, as FDIC of “Lucas Funeral Home” (FH 01015), used the services of “Professional Morticians of Fort Worth/Dallas,” which violated Section 4(C), Article 4582b by operating since September 30, 1997, as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

32. Licensee William G. Honeycutt owned and operated “Dallas/Fort Worth Mortuary Service” as a commercial embalmer without a commercial embalmers establishment license, in violation of Section 4(C), Article 4582b, and thereby violated Sections 3(H)(20), 3(H)(26), and 3(H)(27), Article 4582b.

33. Licensee William G. Honeycutt owned and operated “Dallas/Fort Worth Mortuary Service,” which permitted provisional licensees to embalm without personal supervision in violation of Sections 3(D)(1), 3(H)(20), 3(H)(26), and 3(H)(27), Article 4582b, and Commission Rule 203.6, and thereby violated Sections 3(H)(20), 3(H)(26), and 3(H)(27), Article 4582b.

34. Licensee William G. Honeycutt, as FDIC of “Lucas Funeral Home” (FH 00662), permitted employees and/or agents to commit a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Commission Rule 203.8(f)(1), and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

35. Licensee William G. Honeycutt, as FDIC of “Lucas Funeral Home” (FH 00400), permitted employees and/or agents to commit a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Commission Rule 203.8(0(1), and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

36. Licensee William G. Honeycutt, as FDIC of “Lucas Funeral Home” (FH 01015), permitted employees and/or agents to commit a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Commission Rule 203.8(Q(l), and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

37. Licensee William G. Honeycutt, as FDIC of “Lucas Funeral Home” (FH 00662), permitted employees and/or agents to embalm without proper authority a dead human body, in violation of Section 3(H)(11 A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A, Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(E) and 3(H)(26), Article 4582b.

38. Licensee William G. Honeycutt, as FDIC of “Lucas Funeral Home” (FH 00400), permitted employees and/or agents to embalm without proper authority a dead human body, in violation of Section 3(H)(11A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A, Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(E) and 3(H)(26), Article 4582b.

39. Licensee William G. Honeycutt, as FDIC of “Lucas Funeral Home” (FH 01015), permitted employees and/or agents to embalm without proper authority a dead human body, in violation of Section 3(H)(11A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A, Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(E) and 3(H)(26), Article 4582b.

40. Licensee Cindy Lewis, as FDIC of “Lucas Funeral Home” (FH # 00662), used the services of “Dallas/Fort Worth Mortuary Service,” which violated Section 4(C), Article 4582b by operating from approximately January 1, 1998, through April 10, 1998, as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

41. Licensee Cindy Lewis, as FDIC of “Lucas Funeral Home” (FH # 00400); used the services of “Dallas/Fort Worth Mortuary Service,” which violated Section 4(C), Article 4582b by operating from approximately January 1, 1998, through April 10, 1998, as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

42. Licensee Cindy Lewis, as FDIC of “Lucas Funeral Home” (FH # 01015), used the services of “Dallas/Fort Worth Mortuary Service,” which violated Section 4(C), Article 4582b by operating from approximately January 1, 1998, through April 10, 1998, as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

43. Licensee Cindy Lewis, as FDIC of “Lucas Funeral Home” (FH # 00662), used the services of “Lucas Hurst Embalming Division,” which violated Section 4(C), Article 4582b by operating as a commercial embalmer from approximately April 10, 1998, until at least August 1998 without a commercial embalmers establishment license, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

44. Alternatively, Licensee Cindy Lewis, as FDIC of “Lucas Funeral Home” (FH 00662), operated under the name “Lucas Hurst Embalming Division” in violation of Commission Rule 203.29 and Section 3(H)(26), Article 4582b, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

45. Licensee Cindy Lewis, as FDIC of “Lucas Funeral Home” (FH # 00400), used the services of “Lucas Hurst Embalming Division,” which violated Section 4(C), Article 4582b by operating as a commercial embalmer from approximately April 10, 1998, until at least August 1998 without a commercial embalmers establishment license, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

46. Alternatively, Licensee Cindy Lewis, as FDIC of “Lucas Funeral Home” (FH 00400), operated under the name “Lucas Hurst Embalming Division” in violation of Commission Rule 203.29 and Section 3(H)(26), Article 4582b, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

47. Licensee Cindy Lewis, as FDIC of “Lucas Funeral Home” (FH # 01015), used the services of “Lucas Hurst Embalming Division,” which violated Section 4(C), Article 4582b by operating as a commercial embalmer from approximately April 10, 1998, until at least August, 1998 without a commercial embalmers establishment license, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

48. Alternatively, Licensee Cindy Lewis, as FDIC of “Lucas Funeral Home” (FH 01015), operated under the name “Lucas Hurst Embalming Division” in violation of Commission Rule 203.29 and Section 3.(H)(26), Article 4582b, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

49. Licensee Cindy Lewis, as FDIC of “Lucas Funeral Home” (FH # 00662), permitted employees and/or agents to engage in a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Commission Rule 203.8(f)(1), and Section 4(D)(1)(b), Article 4582b, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

50. Licensee Cindy Lewis, as FDIC of “Lucas Funeral Home” (FH # 00400), permitted employees and/or agents to engage in a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Commission Rule 203.8(f)(1), and Section 4(D)(1)(b), Article 4582b, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

51. Licensee Cindy Lewis, as FDIC of “Lucas Funeral Home” (FH # 01015), permitted employees and/or agents to engage in a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Commission Rule 203.8(0(1), and Section 4(D)(1)(b), Article 4582b, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

52. Licensee Cindy Lewis, as FDIC of “Lucas Funeral Home” (FH # 00662), permitted employees and/or agents to embalm without proper authority a dead human body, in violation of Section 3(H)(11 A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A, Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

53. Licensee Cindy Lewis, as FDIC of “Lucas Funeral Home” (FH # 00400), permitted employees and/or agents to embalm without proper authority a dead human body, in violation of Section 3(H)(11A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A, Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

54. Licensee Cindy Lewis, as FDIC of “Lucas Funeral Home” (FH # 01015), permitted employees and/or agents to embalm without proper authority a dead human body, in violation of Section 3(H)(I 1 A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A, Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

55. Licensee Cindy Lewis, as FDIC of “Lucas Funeral Home” (FH # 00662), engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Sections 4(E) and Sections 3(H)(25) and 3(H)(26), Article 4582b.

56. Licensee Cindy Lewis, as FDIC of “Lucas Funeral Home” (FH # 00400), engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(E) and Sections 3(H)(25) and 3(H)(26), Article 4582b.

57. Licensee Cindy Lewis, as FDIC of “Lucas Funeral Home” (FH # 01015), engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(E) and Sections 3(H)(25) and 3(H)(26), Article 4582b.

58. Licensee Steve Bates, as FDIC of “Sparkman-Crane Funeral Home,” used the services of “Dallas Embalming Service,” which violated Section 4(C), Article 4582b by operating as a commercial embalmer from approximately January 29, 1997, through December 31,1997, (or through January 1998) without a commercial embalmers establishment license, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

59. Alternatively, Licensee Steve Bates, as FDIC of “Sparkman-Crane Funeral Home,” operated under the name “Dallas Embalming Service” in violation of Commission Rule 203.29 and Section 3(H)(26), Article 4582b, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

60. Licensee Steve Bates, as FDIC of “Sparkman-Crane Funeral Home,” used the services of “Dallas Embalming Service,” which permitted provisional licensees to embalm without personal supervision in violation of Sections 3(D)(1), 3(H)(20), 3(H)(26), and 3(H)(27), Article 4582b, and Commission Rule 203.6, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

61. Alternatively, Licensee Steve Bates, as FDIC of “Sparkman-Crane Funeral Home,” permitted provisional licensees to embalm without personal supervision in violation of Sections 3(D)(1), 3(H)(20), 3(H)(26), and 3(H)(27), Article 4582b, and Commission Rule 203.6, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

62. Licensee Steve Bates, as FDIC of “Sparkman-Crane Funeral Home,” used the services of “Dallas/Fort Worth Mortuary Service,” which violated Section 4(C), Article 4582b by operating as a commercial embalmer from approximately January 1, 1998, through April 10, 1998, without a commercial embalmers establishment license, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

63. Licensee Steve Bates, as FDIC of “Sparkman-Crane Funeral Home,” used the services of “Dallas/Fort Worth Mortuary Service,” which permitted provisional licensees to embalm without personal supervision in violation of Sections 3(D)(1), 3(H)(20), 3(H)(26), and 3(H)(27), Article 4582b, and Commission Rule 203.6, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

64. Licensee Steve Bates, as FDIC of “Sparkman-Crane Funeral Home,” used the services of “Professional Morticians of Fort Worth,” which permitted provisional licensees to embalm without personal supervision in violation of Sections 3(D)(1), 3(H)(20), 3(H)(26), and 3(H)(27), Article 4582b, and Commission Rule 203.6, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

65. Licensee Steve Bates, as FDIC of “Sparkman-Crane Funeral Home,” used the services of “Sparkman-Crane Embalming Division,” which violated Section 4(C), Article 4582b by operating as a commercial embalmer from approximately April 10, 1998, until at least August 1998 without a commercial embalmers establishment license, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

66. Alternatively, Licensee Steve Bates, as FDIC of “Sparkman-Crane Funeral Home,” operated under the name “Sparkman-Crane Embalming Division” in violation of Commission Rule 203.29 and Section 3(H)(26), Article 4582b, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

67. Licensee Steve Bates, as FDIC of “Sparkman-Crane Funeral Home,” permitted employees and/or agents to engage in a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Commission Rule 203.8(0(1), and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

68. Licensee Steve Bates, as FDIC of “Sparkman-Crane Funeral Home,” permitted employees and/or agents to embalm without proper authority a dead human body, in violation of Section 3(H)(11A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A. Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

69. Licensee Steve Bates, as FDIC of “Sparkman-Crane Funeral Home,” engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(E) and Sections 3(H)(25) and 3(H)(26), Article 4582b.

70. While a provisional licensee, Timothy W. Bass embalmed alone without personal supervision in violation of Sections 3(D)(1), 3(H)(20), 3(H)(26), and 3(H)(27), Article 4582b, and Commission Rule 203.6, and thereby violated Section 3(D)(5), 3(H)(20), 3(H)(26), and 3(H)(27), Article 4582b.

71. While a provisional licensee, Shera Nelson embalmed alone without personal supervision in violation of Sections 3(D)(1), 3(H)(20), 3(H)(26), and 3(H)(27), ,Article 4582b, and Commission Rule 203.6, and thereby violated Section 3(D)(5), 3(H)(20), 3(H)(26), and 3(H)(27), Article 4582b.

72. While a provisional licensee, Dwayne Baumann embalmed alone without personal supervision in violation of Sections 3(D)(1), 3(H)(20), 3(H)(26), and 3(H)(27), Article 4582b, and Commission Rule 203.6, and thereby violated Section 3(D)(5), 3(H)(20), 3(H)(26), and 3(H)(27), Article 4582b.

73. While a provisional licensee, Joshua Kimball embalmed alone without personal supervision in violation of Sections 3(D)(1), 3(H)(20), 3(H)(26), and 3(H)(27), Article 4582b, and Commission Rule 203.6, and thereby violated Section 3(D)(5), 3(H)(20), 3(H)(26), and 3(H)(27), Article 4582b.

74. While a provisional licensee, Clemmie Manning embalmed alone without personal supervision in violation of Sections 3(D)(1), 3(H)(20), 3(H)(26), and 3(H)(27), Article 4582b, and Commission Rule 203.6, and thereby violated Section 3(D)(5), 3(H)(20), 3(H)(26), and 3(H)(27), Article 4582b.

75. “Memorial Funeral Home and Cremation Service,” through its FDIC and employees and/or agents, engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(D)(1)(b), Article 4582b.

76. “Memorial Funeral Home and Cremation Service,” through its FDIC and employees and/or agents, used the services of one or more of the following entities: “Professional Morticians of Fort Worth/Dallas,” “Dallas/Fort Worth Mortuary Service,” “Dallas Embalming Service,” “Lucas Hurst Embalming Division,” or “Sparkman-Crane Embalming Division,” all of which violated Section 4(C), Article 4582b by operating as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(D)(1)(b), Article 4582b.

77. “Memorial Funeral Home and Cremation Service,” through its FDIC and employees and/or agents, committed a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Section 3(H)(26), Article 4582b, and Commission Rule 203.8(0(1), and thereby violated Section 4(D)(1)(b), Article 4582b.

78. “Memorial Funeral Home,” through its FDIC and employees and/or agents, embalmed without proper authority a dead human body, in violation of Section 3(H)(11A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A, Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(D)(1)(b), Article 4582b.

79. Licensee J. Harper, as FDIC of “Memorial Funeral Home and Cremation Service,” engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(E) and Sections 3(H)(25) and 3(H)(26), Article 4582b.

80. Licensee J. Harper, as FDIC of “Memorial Funeral Home and Cremation Service,” used the services of one or more of the following entities: “Professional Mortuary of Fort Worth/Dallas,” “Dallas/Fort Worth Mortuary Service,” “Dallas Embalming Service,” “Lucas Hurst Embalming Division,” or “Sparkman-Crane Embalming Division,” all of which violated Section 4(C), Article 4582b by operating as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

81. Licensee J. Harper, as FDIC of “Memorial Funeral Home and Cremation Service,” permitted employees and/or agents to commit a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Commission Rule 203.8(0(1), and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

82. Licensee J. Harper, as FDIC of “Memorial Funeral Home and Cremation Service,” permitted employees and/or agents to embalm without proper authority a dead human body, in violation of Section 3(H)(11A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A, Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

83. “Moore & Sons Funeral Home,” through its FDIC and employees and/or agents, engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and. its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(D)(1)(b), Article 4582b.

84. “Moore & Sons Funeral Home,” through its FDIC and employees and/or agents, used the services of one or more of the following entities: “Professional Morticians of Fort Worth /Dallas,” “Dallas/Fort Worth Mortuary Service,” “Dallas Embalming Service,” “Lucas Hurst Embalming Division,” or “Sparkman-Crane Embalming Division,” all of which violated Section 4(C), Article 4582b by operating as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(D)(1)(b), Article 4582b.

85. “Moore & Sons Funeral Home,” through its FDIC and employees and/or agents, committed a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Section 3(H)(26), Article 4582b, and Commission Rule 203.8(f)(l), and thereby violated Section 4(D)(1)(b), Article 4582b.

86. “Moore & Sons Funeral Home,” through its FDIC and employees and/or agents, embalmed without proper authority a dead human body, in violation of Section 3(H)(11A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A, Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(D)(1)(b), Article 4582b.

87. Licensee J. Harper, Jr., as FDIC of “Moore & Sons Funeral Home,” engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(E) and Sections 3(H)(25) and 3(H)(26), Article 4582b.

88. Licensee J. Harper, Jr., as FDIC of “Moore & Sons Funeral Home,” used the services of one or more of the following entities: “Professional Morticians of Fort Worth/Dallas,” “Dallas/Fort Worth Mortuary Service,” “Dallas Embalming Service,” “Lucas Hurst Embalming Division,” or “Sparkman-Crane Embalming Division,” all of which violated Section 4(C), Article 4582b by operating as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

89. Licensee J. Harper, Jr., as FDIC of “Moore & Sons Funeral Home,” permitted employees and/or agents to commit a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Commission Rule 203.8(f)(1), and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

90. Licensee J. Harper, Jr., as FDIC of “Moore & Sons Funeral Home,” permitted employees and/or agents to embalm without proper authority a dead human body, in violation of Section 3(H)(11A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A, Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

91. “Shannon Rose Hill Funeral Chapel,” through its FDIC and employees and/or agents, engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(D)(1)(b), Article 4582b.

92. “Shannon Rose Hill Funeral Chapel,” through its FDIC and employees and/or agents, used the services of one or more of the following entities: “Professional Morticians of Fort Worth/Dallas,” “Dallas/Fort Worth Mortuary Service,” “Dallas Embalming Service,” “Lucas Hurst Embalming Division,” or “Sparkman-Crane Embalming Division,” all of which violated Section 4(C), Article 4582b by operating as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(D)(1)(b), Article 4582b.

93. “Shannon Rose Hill Funeral Chapel,” through its FDIC and employees and/or agents, committed a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Section 3(H)(26), Article 4582b, and Commission Rule 203.8(f)(1), and thereby violated Section 4(D)(1)(b), Article 4582b.

94. “Shannon Rose Hill Funeral Chapel,” through its FDIC and employees and/or agents, embalmed without proper authority a dead human body, in violation. of Section 3(H)(11A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A, Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(D)(1)(b), Article 4582b.

95. Licensee M. Shannon, as FDIC of “Shannon Rose Hill Funeral Chapel,” engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(E) and Sections 3(H)(25) and 3(H)(26), Article 4582b.

96. Licensee M. Shannon, as FDIC of “Shannon Rose Hill Funeral Chapel,” used the services of one or more of the following entities: “Professional Morticians of Fort Worth/Dallas,” “Dallas/Fort Worth Mortuary Service,” “Dallas Embalming Service,” “Lucas Hurst Embalming Division,” or “Sparkman-Crane Embalming Division,” all of which violated Section 4(C), Article 4582b by operating as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

97. Licensee M. Shannon, as FDIC of “Shannon Rose Hill Funeral Chapel,” permitted employees and/or agents to commit a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Commission Rule 203.8(f)(1), and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

98. Licensee M. Shannon, as FDIC of “Shannon Rose Hill Funeral Chapel,” permitted employees and/or agents to embalm without proper authority a dead human body, in violation of Section 3(H)(11A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A, Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

99. “Alonzo Funeral Home, Inc.,” through its FDIC and employees and/or agents, engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(D)(1)(b), Article 4582b.

100. “Alonzo Funeral Home, Inc.,” through its FDIC and employees and/or agents, used the services of one or more of the following entities: “Professional Morticians of Fort Worth/ Dallas,” “Dallas/Fort Worth Mortuary Service,” “Dallas Embalming Service,” “Lucas Hurst Embalming Division,” or “Sparkman-Crane Embalming Division,” all of which violated Section 4(C), Article 4582b by operating as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(D)(1)(b), Article 4582b.

101. “Alonzo Funeral Home, Inc.,” through its FDIC and employees and/or agents, committed a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Section 3(H)(26), Article 4582b, and Commission Rule 203.8(f)(1), and thereby violated Section 4(D)(1)(b), Article 4582b.

102. “Alonzo Funeral Home,” through its FDIC and employees and/or agents, embalmed without proper authority a dead human body, in violation of Section 3(H)(11A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third

party, in violation of Section 4A, Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(D)(1)(b), Article 4582b.

103. Licensee R. Amalla, as FDIC of “Alonzo Funeral Home, Inc.,” engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(E) and Sections 3(H)(25) and 3(H)(26), Article 4582b.

104. Licensee R. Amalla, as FDIC of “Alonzo Funeral Home, Inc.,” used the services of one or more of the following entities: “Professional Morticians of Fort Worth/Dallas,” “Dallas/Fort Worth Mortuary Service,” “Dallas Embalming Service,” “Lucas Hurst Embalming Division,” or “Sparkman-Crane Embalming Division,” all of which violated Section 4(C), Article 4582b by operating as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

105. Licensee R. Amalia, as FDIC of “Alonzo Funeral Home, Inc.,” permitted employees and/or agents to commit a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Commission Rule 203.8(f)(1), and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

106. Licensee R. Amalla, as FDlC of “Alonzo Funeral Home,” permitted employees and/or agents to embalm without proper authority a dead human body, in violation of Section 3(H)(11A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A, Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

107. “Bean-Massey-Burge Funeral Home,” through its FDIC and employees and/or agents, engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L). and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(D)(1)(b), Article 4582b.

108. “Bean-Massey-Burge Funeral Home,” through its FDIC and employees and/or agents, used the services of one or more of the following entities: “Professional Morticians of Fort Worth/Dallas,” “Dallas/Fort Worth Mortuary Service,” “Dallas Embalming Service,” “Lucas Hurst Embalming Division,” or “Sparkman-Crane Embalming Division,” all of which violated Section 4(C), Article 4582b by operating as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(D)(1)(b), Article 4582b.

109. “Bean-Massey-Burge Funeral Home,” through its FDIC and employees and/or agents, committed a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Section 3(H)(26), Article 4582b, and Commission Rule 203.8(f)(1), and thereby violated Section 4(D)(1)(b), Article 4582b.

110. “Bean-Massey-Burge Funeral Home,” through its FDIC and employees and/or agents, embalmed without proper authority a dead human body, in violation of Section 3(H)(11A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A, Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(D)(1)(b), Article 4582b.

111. Licensee M. Wilfong, as FDIC of “Bean-Massey-Burge Funeral Home,” engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(E) and Sections 3(H)(25) and 3(H)(26), Article 4582b.

112. Licensee M. Wilfong, as FDIC of “Bean-Massey-Burge Funeral Home,” used the services of one or more of the following entities: “Professional Morticians of Fort Worth/Dallas,” “Dallas/Fort Worth Mortuary Service,” “Dallas Embalming Service,” “Lucas Hurst Embalming Division,” or “Sparkman-Crane Embalming Division,” all of which violated Section 4(C), Article 4582b by operating as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

113. Licensee M. Wilfong, as FDIC of “Bean-Massey-Burge Funeral Home,” permitted employees and/or agents to commit a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Commission Rule 203.8(f)(1), and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

114. Licensee M. Wilfong, as FDIC of “Bean-Massey-Burge Funeral Home,” permitted employees and/or agents to embalm without proper authority a dead human body, in violation of Section 3(H)(11A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A, Article 4582b, and

Commission Rule 203.22(d), and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

115. “Boze-Mitchell Funeral Home” (FH # 00003), through its FDIC and employees and/or agents, engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(D)(1)(b), Article 4582b.

116. “Boze-Mitchell Funeral Home” (FH # 00003), through its FDIC and employees and/or agents, used the services of one or more of the following entities: “Professional Morticians of Fort Worth/Dallas,” “Dallas/Fort Worth Mortuary Service,” “Dallas Embalming Service,” “Lucas Hurst Embalming Division,” or “Sparkman-Crane Embalming Division,” all of which violated Section 4(C), Article 4582b by operating as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(D)(1)(b), Article 4582b.

117. “Boze-Mitchell Funeral Home” (FH # 00003), through its FDIC and employees and/or agents, committed a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Section 3(H)(26), Article 4582b, and Commission Rule 203.8(f)(1), and thereby violated Section 4(D)(1)(b), Article 4582b.

118. Boze-Mitchell Funeral Home (FH # 00003), through its FDIC and employees and/or agents, embalmed without proper authority a dead human body, in violation of Section 3(H)(11A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A, Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(D)(1)(b), Article 4582b.

119. “Boze-Mitchell Funeral Home” (FH # 00640), through its FDIC and employees and/or agents, engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(D)(1)(b), Article 4582b.

120. “Boze-Mitchell Funeral Home” (FH # 00640), through its FDIC and employees and/or agents, used the services of one or more of the following entities: “Professional Morticians of Fort Worth/Dallas,” “Dallas/Fort Worth Mortuary Service,” “Dallas Embalming Service,” “Lucas Hurst Embalming Division,” or “Sparkman-Crane Embalming Division,” all of which violated Section 4(C), Article 4582b by operating as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(D)(1)(b), Article 4582b.

121. “Boze-Mitchell Funeral Home” (FH # 00640), through its FDIC and employees and/or agents, committed a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Section 3(H)(26), Article 4582b, and Commission Rule 203.8(f)(1), and thereby violated Section 4(D)(1)(b), Article 4582b.

122. “Boze-Mitchell Funeral Home” (FH # 00640), through its FDIC and employees and/or agents, embalmed without proper authority a dead human body, in violation of Section 3(H)(11A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A, Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(D)(1)(b), Article 4582b.

123. Licensee G. Underwood, as FDIC of “Boze-Mitchell Funeral Home” (FH 00003), engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(E) and Sections 3(H)(25) and 3(H)(26), Article 4582b.

124. Licensee G. Underwood, as FDIC of “Boze-Mitchell Funeral Home” (FH 00640), engaged in unprofessional conduct by failing to comply with a Subpoena-Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(E) and Sections 3(H)(25) and 3(H)(26), Article 4582b.

125. Licensee G. Underwood, as FDIC of “Boze-Mitchell Funeral Home” (FH 00003), used the services of one or more of the following entities: “Professional Morticians of Fort Worth/Dallas,” “Dallas/Fort Worth Mortuary Service,” “Dallas Embalming Service,” “Lucas Hurst Embalming Division,” or “Sparkman-Crane Embalming Division,” all of which violated Section 4(C), Article 4582b by operating as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

126. Licensee G. Underwood, as FDIC of “Boze-Mitchell Funeral Home” (FH 00003), permitted employees and/or agents to commit a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Commission Rule 203.8(f)(1), and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

127. Licensee G. Underwood, as FDIC of “Boze-Mitchell Funeral Home” (FH 00064), used the services of one or more of the following entities: “Professional Morticians of Fort Worth/Dallas,” “Dallas/Fort Worth Mortuary Service,” “Dallas Embalming Service,” “Lucas Hurst Embalming Division,” or “Sparkman-Crane Embalming Division,” all of which violated Section 4(C), Article 4582b by operating as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

128. Licensee G. Underwood, as FDIC of “Boze-Mitchell Funeral Home” (FH 00064), permitted employees and/or agents to commit a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Commission Rule 203.8(f)(1), and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

129. Licensee G. Underwood, as FDIC of “Boze-Mitchell Funeral Home” (FH 00003) permitted employees and/or agents to, embalm without proper authority a dead human body, in violation of Section 3(H)(11A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A, Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

130. Licensee G. Underwood, as FDIC of “Boze-Mitchell Funeral Home” (FH 00064), permitted employees and/or agents to embalm without proper authority a dead human body, in violation of Section 3(H)(11A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A, Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

131. “Cook-Walden/Davis Funeral Home,” through its FDIC and employees and/or agents, engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(D)(1)(b), Article 4582b.

132. “Cook-Walden/Davis Funeral Home,” through its FDIC and employees and/or agents, used the services of one or more of the following entities: “Professional Morticians of Fort Worth/Dallas,” “Dallas/Fort Worth Mortuary Service,” “Dallas Embalming Service,” “Lucas Hurst Embalming Division,” or “Sparkman-Crane Embalming Division,” all of which violated Section 4(C), Article 4582b by operating as a commercial

embalmer without a commercial embalmers establishment license, and thereby violated Section 4(D)(1)(b), Article 4582b.

133. Licensee C. Corbin, as FDIC of “Cook-Walden/Davis Funeral Home,” engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(E) and Sections 3(H)(25) and 3(H)(26), Article 4582b.

134. Licensee C. Corbin, as FDIC of “Cook-Walden/Davis Funeral Home,” used the services of one or more of the following entities: “Professional Morticians of Fort Worth/Dallas,” “Dallas/Fort Worth Mortuary Service,” “Dallas Embalming Service,” “Lucas Hurst Embalming Division,” or “Sparkman-Crane Embalming Division,” all of which violated Section 4(C), Article 4582b by operating as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

135. “Grove Hill Funeral Home,” through its FDIC and employees and/or agents, engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(D)(1)(b), Article 4582b.

136. “Grove Hill Funeral Home,” through its FDIC and employees and/or agents, used the services of “Dallas Embalming Service,” which permitted provisional licensees to embalm without personal supervision in violation of Sections 3(D)(1), 3(H)(20), 3(H)(26), and 3(H)(27), Article 4582b, and Commission Rule 203.6, and thereby violated Section 4(D)(1)(b), Article 4582b.

137. “Grove Hill Funeral Home,” through its FDIC and employees and/or agents, used the services of one or more of the following entities: “Professional Morticians of Fort Worth/ Dallas,” “Dallas/Fort Worth Mortuary Service,” “Dallas Embalming Service,” “Lucas Hurst Embalming Division,” or “Sparkman-Crane Embalming Division,” all of which violated Section 4(C), Article 4582b by operating as a commercial embalmer without a commercial embalmers establishment license, and thereby vitiated Section 4(D)(1)(b), Article 4582b.

138. “Grove Hill Funeral Home,” through its FDIC and employees and/or agents, committed a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Section

3(H)(26), Article 4582b, and Commission Rule 203.8(0(1), and thereby violated Section 4(D)(1)(b), Article 4582b.

139. “Grove Hill Funeral Home,” through its FDIC and employees and/or agents, embalmed without proper authority a dead human body, in violation of Section 3(H)(11A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A, Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(D)(1)(b), Article 4582b.

140. Licensee D. Stapleton, as FDIC of “Grove Hill Funeral Home,” engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(E) and Sections 3(H)(25) and 3(H)(26), Article 4582b.

141. Licensee D. Stapleton, as FDIC of “Grove Hill Funeral Home,” used the services of “Dallas Embalming Service,” which permitted provisional licensees to embalm without personal supervision in violation of Sections 3(D)(1), 3(H)(20), 3(H)(26), and 3(H)(27), Article 4582b, and Commission Rule 203.6, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

142. Licensee D. Stapleton, as FDIC of “Grove Hill Funeral Home,” used the services of one or more of the following entities: “Professional Morticians of Fort Worth/Dallas,” “Dallas/Fort Worth Mortuary Service,” “Dallas Embalming Service,” “Lucas Hurst Embalming Division,” or “Sparkman-Crane Embalming Division,” all of which violated Section 4(C), Article 4582b by operating as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

143. Licensee D. Stapleton, as FDIC of “Grove Hill Funeral Home,” permitted employees and/or agents to commit a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Commission Rule 203.8(f)(1), and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

144. Licensee D. Stapleton, as FDIC of “Grove Hill Funeral Home,” permitted employees and/or agents to embalm without proper authority a dead human body, in violation of Section 3(H)(11A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A, Article 4582b, and

Commission Rule 203.22(d), and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

145. “Lamar & Smith Funeral Directors,” through its FDIC and employees and/or agents, engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(D)(1)(b), Article 4582b.

146. “Lamar & Smith Funeral Directors,” through its FDIC and employees and/or agents, used the services of one or more of the following entities: “Professional Morticians of Fort Worth/Dallas,” “Dallas/Fort Worth Mortuary Service,” “Dallas Embalming Service,” “Lucas Hurst Embalming Division,” or “Sparkman-Crane Embalming Division,” all of which violated Section 4(C), Article 4582b by operating as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(D)(1)(b), Article 4582b.

147. “Lamar & Smith Funeral Directors,” through its FDIC and employees and/or agents, committed a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Section 3(H)(26), Article 4582b, and Commission Rule 203.8(f)(1), and thereby violated Section 4(D)(1)(b), Article 4582b.

148. “Lamar & Smith Funeral Directors,” through its FDIC and employees and/or agents, embalmed without proper authority a dead human body, in violation of Section 3(H)(11A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A, Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(D)(1)(b), Article 4582b.

149. Licensee J. Garcia, Jr., as FDIC of “Lamar & Smith Funeral Directors,” engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Sections 3(H)(25) and 3(H)(26), Article 4582b.

150. Licensee J. Garcia, Jr., as FDIC of “Lamar & Smith Funeral Directors,” used the services of one or more of the following entities: “Professional Morticians of Fort Worth/Dallas,” “Dallas/Fort Worth Mortuary Service,” “Dallas Embalming Service,” “Lucas Hurst Embalming Division,” or “Sparkman-Crane Embalming Division,” all of which violated Section 4(C), Article 4582b by operating as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

151. Licensee J. Garcia, Jr., as FDIC of “Lamar & Smith Funeral Directors,” permitted employees and/or agents to commit a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Commission Rule 203.8(f)(1), and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

152. Licensee J. Garcia, Jr., as FDIC of “Lamar & Smith Funeral Directors,” permitted employees and/or agents to embalm without proper authority a dead human body, in violation of Section 3(H)(11A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A, Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

153. “Lucas Funeral Home” (FH # 00400), through its FDIC and employees and/or agents, engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(D)(1)(b), Article 4582b.

154. “Lucas Funeral Home” (FH # 00400), through its FDIC and employees and/or agents, used the services of one or more of the following entities: “Professional Morticians of Fort Worth/Dallas,” “Dallas/Fort Worth Mortuary Service,” “Dallas Embalming Service,” “Lucas Hurst Embalming Division,” or “Sparkman-Crane Embalming Division,” all of which violated Section 4(C), Article 4582b by operating as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(D)(1)(b), Article 4582b.

155. “Lucas Funeral Home” (FH # 00400), through its FDIC and employees and/or agents, committed a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Section 3(H)(26), Article 4582b, and Commission Rule 203.8(f)(1), and thereby violated Section 4(D)(1)(b), Article 4582b.

156. “Lucas Funeral Home” (FH # 00400), through its FDIC and employees and/or agents, embalmed without proper authority a dead human body, in violation of Section 3(H)(11A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or

by a third party, in violation of Section 4A, Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(D)(1)(b), Article 4.582b.

157. “Lucas Funeral Home” (FH # 01015), through its FDIC and employees and/or agents, engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(D)(1)(b), Article 4582b.

158. “Lucas Funeral Home” (FH # 01015), through its FDIC and employees and/or agents, used the services of one or more of the following entities: “Professional Morticians of Fort Worth/Dallas,” “Dallas/Fort Worth Mortuary Service,” “Dallas Embalming Service,” “Lucas Hurst Embalming Division,” or “Sparkman-Crane Embalming Division,” all of which violated Section 4(C), Article 4582b by operating as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(D)(1)(b), Article 4582b.

159. “Lucas Funeral Home” (FH # 01015), through its FDIC and employees and/or agents, committed a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Section 3(H)(26), Article 4582b, and Commission Rule 203.8(f)(1), and thereby violated Section 4(D)(1)(b), Article 4582b.

160. “Lucas Funeral Home” (FH # 01015), through its FDIC and employees and/or agents, embalmed without proper authority a dead human body, in violation of Section 3(H)(11A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A, Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(D)(1)(b), Article 4582b.

161. “Memorial Funeral Home” (FH # 01767), through its FDIC and employees and/or agents, engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(D)(1)(b), Article 4582b.

162. “Memorial Funeral Home” (FH # 01767), through its FDIC and employees and/or agents, used the services of one or more of the following entities: “Professional Morticians of Fort Worth/Dallas,” “Dallas/Fort Worth Mortuary Service,” “Dallas Embalming Service,” “Lucas Hurst Embalming Division,” or “Sparkman-Crane Embalming Division,” all of which violated Section 4(C), Article 4582b by operating as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(D)(1)(b), Article 4582b.

163. “Memorial Funeral Home” (FH # 01767), through its FDIC and employees and/or agents, committed a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Section 3(H)(26), Article 4582b, and Commission Rule 203.8(f)(1), and thereby violated Section 4(D)(1)(b), Article 4582b.

164. “Memorial Funeral Home,” through its FDIC and employees and/or agents, embalmed without proper authority a dead human body, in violation of Section 3(H)(11A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A, Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(D)(1)(b), Article 4582b.

165. “Metcalf Funeral Directors,” through its FDIC and employees, engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(D)(1)(b), Article 4582b.

166. “Metcalf Funeral Directors” used the services of one or more of the following entities: “Professional Morticians of Fort Worth/Dallas,” “Dallas/Fort Worth Mortuary Service,” “Dallas Embalming Service,” “Lucas Hurst Embalming Division,” or “Sparkman-Crane Embalming Division,” all of which violated Section 4(C), Article 4582b by operating as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(D)(1)(b), Article 4582b.

167. Licensee K. Dubose, as FDIC of “Metcalf Funeral Directors,” engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(E) and Sections 3(H)(25) and 3(H)(26), Article 4582b.

168. Licensee K. Dubose, as FDIC of “Metcalf Funeral Directors,” used the services of one or more of the following entities: “Professional Morticians of Fort Worth/Dallas,” “Dallas/Fort Worth Mortuary Service,” “Dallas Embalming Service,” “Lucas Hurst Embalming Division,” or “Sparkman-Crane Embalming Division,” all of which violated Section 4(C), Article 4582b by operating as a commercial embalmer without a

commercial embalmers establishment license, and thereby violated Section 4(D)(1)(b), Article 4582b.

169. “Moore Funeral Home,” through its FDIC and employees and/or agents, engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(D)(1)(b), Article 4582b.

170. “Moore Funeral Home,” through its FDIC and employees and/or agents, used the services of one or more of the following entities: “Professional Morticians of Fort Worth/Dallas,” “Dallas/Fort Worth Mortuary Service,” “Dallas Embalming Service,” “Lucas Hurst Embalming Division,” or “Sparkman-Crane Embalming Division,” all of which violated Section 4(C), Article 4582b by operating as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(D)(1)(b), Article 4582b.

171. “Moore Funeral Home,” through its FDIC and employees and/or agents, committed a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Section 3(H)(26), Article 4582b, and Commission Rule 203.8(f)(1), and thereby violated Section 4(D)(1)(b), Article 4582b.

172. “Moore Funeral Home,” through its FDIC and employees and/or agents, embalmed without proper authority a dead human body, in violation of Section 3(H)(11A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A, Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(D)(1)(b), Article 4582b.

173. Licensee J. Shive, as FDIC of “Moore Funeral Home,” engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(E) and Sections 3(H)(25) and 3(H)(26), Article 4582b.

174. Licensee J. Shive, as FDIC of “Moore Funeral Home,” used the services of one or more of the following entities: “Professional Morticians of Fort Worth/Dallas,” “Dallas/Fort Worth Mortuary Service,” “Dallas Embalming Service,” “Lucas Hurst Embalming Division,” or “Sparkman-Crane Embalming Division,” all of which violated Section 4(C), Article 4582b by operating as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

175. Licensee J. Shive, as FDIC of “Moore Funeral Home,” permitted employees and/or agents to commit a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Commission Rule 203.8(f)(1), and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

176. Licensee J. Shive, as FDIC of “Moore Funeral Home,” permitted employees and/or agents to embalm without proper authority a dead human body, in violation of Section 3(H)(11A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A, Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

177. “Rhoton Funeral Home,” through its FDIC and employees and/or agents, engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(D)(1)(b), Article 4582b.

178. “Rhoton Funeral Home,” through its FDIC and employees and/or agents, used the services of one or more of the following entities: “Professional Morticians of Fort Worth/Dallas,” “Dallas/Fort Worth Mortuary Service,” “Dallas Embalming Service,” “Lucas Hurst Embalming Division,” or “Sparkman-Crane Embalming Division,” all of which violated Section 4(C), Article 4582b by operating as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(D)(1)(b), Article 4582b.

179. “Rhoton Funeral Home,” through its FDIC and employees and/or agents, committed a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Section 3(H)(26), Article 4582b, and Commission Rule 203.8(f)(1), and thereby violated Section 4(D)(1)(b), Article 4582b.

180. “Rhoton Funeral Home,” through its FDIC and employees and/or agents embalmed without proper authority a dead human body, in violation of Section 3(H)(11A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A, Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(D)(1)(b), Article 4582b.

181. Licensee G. Fonzo, as FDIC of “Rhoton Funeral Home,” engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(E) and Sections 3(H)(25) and 3(H)(26), Article 4582b.

182. Licensee G. Fonzo, as FDIC of “Rhoton Funeral Home,” used the services of one or more of the following entities: “Professional Morticians of Fort Worth/Dallas,” “Dallas/Fort Worth Mortuary Service,” “Dallas Embalming Service,” “Lucas Hurst Embalming Division,” or “Sparkman-Crane Embalming,” all of which violated Section 4(C), Article 4582b by operating as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

183. Licensee G. Fonzo, as FDIC of “Rhoton Funeral Home,” permitted employees and/or agents to commit a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Commission Rule 203.8(f)(1), and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

184. Licensee G. Fonzo, as FDIC of “Rhoton Funeral Home,” permitted employees and/or agents to embalm without proper authority a dead human body, in violation of Section 3(H)(11A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A, Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

185. “Shannon North Funeral Chapel,” through its FDIC and employees and/or agents, engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(D)(1)(b), Article 4582b.

186. “Shannon North Funeral Chapel,” through its FDIC and employees and/or agents, used the services of one or more of the following entities: “Professional Morticians of Fort Worth/Dallas,” “Dallas/Fort Worth Mortuary Service,” “Dallas Embalming Service,” “Lucas Hurst Embalming Division,” or “Sparkman-Crane Embalming Division,” all of which violated Section 4(C), Article 4582b by operating as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(D)(1)(b), Article 4582b.

187. “Shannon North Funeral Chapel,” through its FDIC and employees and/or agents, committed a deceptive act-or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Section 3(H)(26), Article 4582b, and Commission Rule 203.8(f)(1), and thereby violated Section 4(D)(1)(b), Article 4582b.

188. “Shannon North Funeral Home,” through its FDIC and employees and/or agents, embalmed without proper authority a dead human body, in violation of Section 3(H)(11A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A, Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(D)(1)(b), Article 4582b.

189. Licensee C. Shannon, as FDIC of “Shannon TCU Funeral Chapel,” engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(E) and Sections 3(H)(25) and 3(H)(26), Article 4582b.

190. Licensee C. Shannon, as FDIC of “Shannon TCU Funeral Chapel,” used the services of one or more of the following entities: “Professional Morticians of Fort Worth/Dallas,” “Dallas/Fort Worth Mortuary Service,” “Dallas Embalming Service,” “Lucas Hurst Embalming Division,” or “Sparkman-Crane Embalming Division,” all of which violated Section 4(C), Article 4582b by operating as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

191. Licensee C. Shannon, as FDIC of “Shannon TCU Funeral Chapel,” permitted employees and/or agents to commit a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Commission Rule 203.8(f)(1), and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

192. Licensee C. Shannon, as FDIC of “Shannon TCU Funeral Chapel,” permitted employees and/or agents to embalm without proper authority a dead human body, in violation of Section 3(H)(11A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A, Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

193. Licensee C. Shannon, as FDIC of “Shannon North Funeral Chapel,” engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(E) and Sections 3(H)(25) and 3(H)(26), Article 4582b.

194. Licensee C. Shannon, as FDIC of “Shannon North Funeral Chapel,” used the services of one or more of the following entities: “Professional Morticians of Fort Worth/Dallas,” “Dallas/Fort Worth Mortuary Service,” “Dallas Embalming Service,” “Lucas Hurst Embalming Division,” or “Sparkman-Crane Embalming Division,” all of which violated Section 4(C), Article 4582b by operating as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

195. Licensee C. Shannon, as FDIC of “Shannon North Funeral Chapel,” permitted employees and/or agents to commit a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Commission Rule 203.8(f)(1), and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

196. Licensee C. Shannon, as FDIC of “Shannon North Funeral Chapel,” permitted employees and/or agents to embalm without proper authority a dead human body, in violation of Section 3(H)(11A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A, Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

197. “Shannon Rufe Snow Drive Funeral Chapel,” through its FDIC and employees and/or agents, engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(D)(1)(b), Article 4582b.

198. “Shannon Rufe Snow Drive Funeral Chapel,” through its FDIC and employees and/or agents, used the services of one or more of the following entities: “Professional Morticians of Fort Worth/Dallas,” “Dallas/Fort Worth Mortuary Service,” “Dallas Embalming Service,” “Lucas Hurst Embalming Division,” or “Sparkman-Crane Embalming Division,” all of which violated Section 4(C), Article 4582b by operating as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(D)(1)(b), Article 4582b.

199. “Shannon Rufe Snow Drive Funeral Chapel,” through its FDIC and employees and/or agents, committed a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Section 3(H)(26), Article 4582b, and Commission Rule 203.8(f)(1), and thereby violated Section 4(D)(1)(b), Article 4582b.

200. “Shannon Rufe Snow Drive Funeral Chapel,” through its FDIC and employees and/or agents, embalmed without proper authority a dead human body, in violation of Section 3(H)(11A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A, Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(D)(1)(b), Article 4582b.

201. Licensee H. Lee Nelson, as FDIC of “Shannon Rufe Snow Drive Funeral Chapel,” engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(E) and Sections 3(H)(25) and 3(H)(26), Article 4582b.

202. Licensee H. Lee Nelson, as FDIC of “Shannon Rufe Snow Drive Funeral Chapel,” used the services of one or more of the following entities: “Professional Morticians of Fort Worth/Dallas,” “Dallas/Fort Worth Mortuary Service,” “Dallas Embalming Service,” “Lucas Hurst Embalming Division,” or “Sparkman-Crane Embalming Division,” all of which violated Section 4(C), Article 4582b by operating as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

203. Licensee H. Lee Nelson, as FDIC of “Shannon Rufe Snow Drive Funeral Chapel,” permitted employees and/or agents to commit a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Commission Rule 203.8(f)(1), and Section 4(E) and Section 3(H)(26), Article 4582b.

204. Licensee H. Lee Nelson, as FDIC of “Shannon Rufe Snow Drive Funeral Chapel,” permitted employees and/or agents to embalm without proper authority a dead human body, in violation of Section 3(H)(11A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A, Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

205. “Shannon TCU Funeral Chapel,” through its FDIC and employees and/or agents, engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(D)(1)(b), Article 4582b.

206. “Shannon TCU Funeral Chapel,” through its FDIC and employees and/or agents, used the services of one or more of the following entities: “Professional Morticians of Fort Worth/ Dallas,” “Dallas/Fort Worth Mortuary Service,” “Dallas Embalming Service,” “Lucas Hurst Embalming Division,” or “Sparkman-Crane Embalming Division,” all of which violated Section 4(C), Article 4582b by operating as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(D)(1)(b), Article 4582b.

207. “Shannon TCU Funeral Chapel,” through its FDIC and employees and/or agents, committed a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Section 3(H)(26), Article 4582b, and Commission Rule 203.8(f)(1), and thereby violated Section 4(D)(1)(b), Article 4582b.

208. “Shannon TCU Funeral Chapel,” through its FDIC and employees and/or agents, embalmed without proper authority a dead human body, in violation of Section 3(H)(11A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A, Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(D)(1)(b), Article 4582b.

209. “Sparkman Funeral Directors,” through its FDIC and employees and/or agents, engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(D)(1)(b), Article 4582b.

210. “Sparkman Funeral Directors,” through its FDIC and employees and/or agents, used the services of “Dallas Embalming Service,” which permitted provisional licensees to embalm without personal supervision in violation of Sections 3(D)(1), 3(H)(20), 3(H)(26), and 3(H)(27), Article 4582b, and Commission Rule 203.6, and thereby violated Section 4(D)(1)(b), Article 4582b.

211. “Sparkman Funeral Directors,” through its FDIC and employees and/or agents, used the services of one or more of the following entities: “Professional Morticians of Fort Worth/Dallas,” “Dallas/Fort Worth Mortuary Service,” “Dallas Embalming Service,” “Lucas Hurst Embalming Division,” or “Sparkman-Crane Embalming Division,” all of which violated Section 4(C), Article 4582b by operating as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(D)(1)(b), Article 4582b.

212. “Sparkman Funeral Directors,” through its FDIC and employees and/or agents, committed a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Section 3(H)(26), Article 4582b, and Commission Rule 203.8(f)(1), and thereby violated Section 4(D)(1)(b), Article 4582b.

213. “Sparkman Funeral Directors,” through its FDIC and employees and/or agents, embalmed without proper authority a dead human body, in violation of Section 3(H)(11A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A, Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(D)(1)(b), Article 4582b.

214. Licensee J. Kurtz, as FDIC of “Sparkman Funeral Directors,” engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(E) and Sections 3(H)(25) and 3(H)(26), Article 4582b.

215. Licensee J. Kurtz, as FDIC of “Sparkman Funeral Directors,” used the services of “Dallas Embalming Services,” which permitted provisional licensees to embalm without personal supervision in violation of Sections 3(D)(1), 3(H)(20), 3(H)(26). and 3(H)(27), Article 4582b, and Commission Rule 203.6, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

216. Licensee J. Kurtz, as FDIC of “Sparkman Funeral Directors,” used the services of one or more of the following entities: “Professional Morticians of Fort Worth/Dallas,” “Dallas/Fort Worth Mortuary Service,” “Dallas Embalming Service,” “Lucas Hurst Embalming Division,” or “Sparkman-Crane Embalming Division,” all of which violated Section 4(C), Article 4582b by operating as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

217. Licensee J. Kurtz, as FDIC of “Sparkman Funeral Directors,” permitted employees and/or agents to commit a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Commission Rule 203.8(f)(1), and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

218. Licensee J. Kurtz, as FDIC of “Sparkman Funeral Directors,” permitted employees and/or agents to embalm without proper authority a dead human body, in violation of Section 3(H)(11A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A, Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

219. “Sparkman-Dickey Funeral Home,” through its FDIC and employees and/or agents, engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(D)(1)(b), Article 4582b.

220. “Sparkman-Dickey Funeral Home,” through its FDIC and employees and/or agents, used the services of one or more of the following entities: “Professional Morticians of Fort Worth/Dallas,” “Dallas/Fort Worth Mortuary Service,” “Dallas Embalming Service,” “Lucas Hurst Embalming Division,” or “Sparkman-Crane Embalming Division,” all of which violated Section 4(C), Article 4582b by operating as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(D)(1)(b), Article 4582b.

221. “Sparkman-Dickey Funeral Home,” through its FDIC and employees and/or agents, committed a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Section 3(H)(26), Article 4582b, and Commission Rule 203.8(f)(1), and thereby violated Section 4(D)(1)(b), Article 4582b.

222. “Sparkman-Dickey Funeral Home,” through its FDIC and employees and/or agents, embalmed without proper authority a dead human body, in violation of Section 3(H)(11A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A, Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(D)(1)(b), Article 4582b.

223. Licensee M. Capehart, as FDIC of “Sparkman-Dickey Funeral Home,” engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful

performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(E) and Sections 3(H)(25) and 3(H)(26), Article 4582b.

224. Licensee M. Capehart, as FDIC of “Sparkman-Dickey Funeral Home,” used the services of one or more of the following entities: “Professional Morticians of Fort Worth/Dallas,” “Dallas/Fort Worth Mortuary Service,” “Dallas Embalming Service,” “Lucas Hurst Embalming Division,” or “Sparkman-Crane Embalming Division,” all of which violated Section 4(C), Article 4582b by operating as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

225. Licensee M. Capehart, as FDIC of “Sparkman-Dickey Funeral Home,” permitted employees and/or agents to commit a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Commission Rule 203.8(f)(1), and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

226. Licensee M. Capehart, as FDIC of “Sparkman-Dickey Funeral Home,” permitted employees and/or agents to embalm without proper authority a dead human body, in violation of Section 3(H)(11A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A, Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

227. “Sparkman/Hillcrest Funeral Home,” through its FDIC and employees and/or agents, engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and Us employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(D)(1)(b), Article 4582b.

228. “Sparkman/Hillcrest Funeral Home,” through its FDIC and employees and/or agents, used the services of “Dallas Embalming Service,” which permitted provisional licensees to embalm without personal supervision in violation of Sections 3(D)(1), 3(H)(20), 3(H)(26), and 3(H)(27), Article 4582b, and Commission Rule 203.6, and thereby violated Section 4(D)(1)(b), Article 4582b.

229. “Sparkman/Hillcrest Funeral Home,” through its FDIC and employees and/or agents, used the services of one or more of the following entities: “Professional Morticians of Fort Worth/Dallas,” “Dallas/Fort Worth Mortuary Service,” “Dallas Embalming Service,” “Lucas Hurst Embalming Division,” or “Sparkman-Crane Embalming Division,” all of which violated Section 4(C), Article 4582b by operating as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(D)(1)(b), Article 4582b.

230. “Sparkman/Hillcrest Funeral Home,” through its FDIC and employees and/or agents, committed a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Section 3(H)(26), and Commission Rule 203.8(f)(1), and thereby violated Section 4(D)(1)(b), Article 4582b.

231. “Sparkman/Hillcrest Funeral Home,” through its FDIC and employees and/or agents, embalmed without proper authority a dead human body, in violation of Section 3(H)(11A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A, Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(D)(1)(b), Article 4582b.

232. Licensee B. Rice, as FDIC of “Sparkman/Hillcrest Funeral Home,” engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(E) and Sections 3(H)(25) and 3(H)(26), Article 4582b.

233. Licensee B. Rice, as FDIC of “Sparkman/Hillcrest Funeral Home,” used the services of “Dallas Embalming Service,” which permitted provisional licensees to embalm without personal supervision in violation of Sections 3(D)(1), 3(H)(20), 3(H)(26), and 3(H)(27), Article 4582b, and Commission Rule 203.6, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

234. Licensee B. Rice, as FDIC of “Sparkman/Hillcrest Funeral Home,” used the services of one or more of the following entities: “Professional Morticians of Fort Worth/Dallas,” “Dallas/Fort Worth Mortuary Service,” “Dallas Embalming Service,” “Lucas Hurst Embalming Division,” or “Sparkman-Crane Embalming Division,” all of which violated Section 4(C), Article 4582b by operating as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

235. Licensee B. Rice, as FDIC of “Sparkman/Hillcrest Funeral Home,” permitted employees and/or agents to commit a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Commission Rule 203.8(f)(1), and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

236. Licensee B. Rice, as FDIC of “Sparkman/Hillcrest Funeral Home,” permitted employees and/or agents to embalm without proper authority a dead human body, in violation of Section 3(H)(11A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A, Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

237. “Ted Dickey Funeral Home,” through its FDIC and employees and/or agents, engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(D)(1)(b), Article 4582b.

238. “Ted Dickey Funeral Home,” through its FDIC and employees and/or agents, used the services of one or more of the following entities: “Professional Morticians of Fort Worth/Dallas,” “Dallas/Fort Worth Mortuary Service,” “Dallas Embalming,” “Lucas Hurst Embalming Division,” or “Sparkman-Crane Embalming Division,” all of which violated Section 4(C), Article 4582b by operating as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(D)(1)(b), Article 4582b.

239. “Ted Dickey Funeral Home,” through its FDIC and employees and/or agents, committed a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Section 3(H)(26), Article 4582b, and Commission Rule 203.8(f)(1), and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

240. “Ted Dickey Funeral Home,” through its FDIC and employees and/or agents, embalmed without proper authority a dead human body, in violation of Section 3(H)(11A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A, Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(D)(1)(b), Article 4582b.

241. Licensee R Toon, as FDIC of “Ted Dickey Funeral Home,” engaged in unprofessional conduct by failing to comply with a Subpoena Duces Tecum issued by the Commission pursuant to Section 2(L) and Section 6(D), Article 4582b, and Commission Rule 201.7(b), thereby obstructing the Commission and its employees in the lawful performance of their duties in enforcing Article 4582b and Commission rules, and thereby violated Section 4(E) and Sections 3(H)(25) and 3(H)(26), Article 4582b.

242. Licensee R. Toon, as FDIC of “Ted Dickey Funeral Home,” used the services of one or more of the following entities: “Professional Morticians of Fort Worth/Dallas,” “Dallas/Fort Worth Mortuary Service,” “Dallas Embalming Service,” “Lucas Hurst Embalming Division,” or “Sparkman-Crane Embalming Division,” all of which violated Section 4(C), Article 4582b by operating as a commercial embalmer without a commercial embalmers establishment license, and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

243. Licensee R. Toon, as FDIC of “Ted Dickey Funeral Home,” permitted employees and/or agents to commit a deceptive act or practice in not advising consumers that the price being charged for embalming is not the same as the cost to the funeral provider, in violation of Commission Rule 203.8(f)(1), and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

244. Licensee R. Toon, as FDIC of “Ted Dickey Funeral Home,” permitted employees and/or agents to embalm without proper authority a dead human body, in violation of Section 3(H)(11A), Article 4582b, by failing to disclose to consumers when oral authorization to embalm was obtained that embalming services were to be performed at another facility or by a third party, in violation of Section 4A, Article 4582b, and Commission Rule 203.22(d), and thereby violated Section 4(E) and Section 3(H)(26), Article 4582b.

The findings issued by the CRC included that certain SCI affiliated funeral homes had used the services of Professional Morticians of Fort Worth/Dallas, Dallas Embalming Service, Lucas Hurst Embalming Division, and/or Sparkman-Crane Embalming Division; had illegally operated as a commercial embalmer without a commercial embalmer’s license; and/or operated under a name different than the name under which the establishment was licensed. Additionally, the CRC found that certain SCI affiliates had engaged in unprofessional conduct by failing to comply with the subpoena duces tecum issued by TFSC. In total, the TFSC assessed approximately $450,000 against the twenty SCI affiliates. The CRC also found that certain provisional licensees who had worked at SCI affiliates had embalmed without proper supervision.

The day after the CRC meeting, on August 4, 1998, May received a telephone call from an acquaintance, Dennis Garza reporting that an investigator, Robert Madeira, (an employee of SCI) had contacted him. Garza reported that the investigator had told him that he was conducting an investigation of May, that the investigator had been given Garza’s name, among others, by SCI’s counsel, Johnnie B. Rogers, and that he was looking for “dirt” on May. The investigator asked Garza whether May had had problems with previous employers, and to tell him everything he knew about May’s civic and political activities. May learned later that other friends and acquaintances had been contacted by SCI’s investigator and were asked for the same basic information. May, of course, was quite disturbed by SCI’s actions in undertaking an investigation into her private life and activities. (On July 13, 1998, SCI also had made an “open records” request, improperly – as the Texas Attorney General’s office later ruled – attempting to obtain TFSC personnel files.)

That Waltrip and SCI would call May’s known friends and acquaintances, and openly announce that they were digging for “dirt” on her, was obviously yet another attempt to retaliate against, pressure, harass, coerce, and intimidate May, and cause her severe mental distress, and to interfere with and halt the TFSC investigation of SCI.

Further cause for concern came in the form of a report from the TFSC building cleaning crew. This crew reported to May that on the weekend of July 25, 1998, an unknown, unidentified man apparently tried to gain unauthorized entry into TFSC’s offices.

Concerned about SCI’s highly improper, intimidating, broad-scale investigation into her private life, May reported this investigation to the Texas Attorney General’s office and contacted the Texas Department of Public Safety, who advised her to tell her friends and acquaintances not to meet with the SCI investigator. Further, on August 4, 1998, May sent letters to Whitmire and to Allbaugh, informing them of SCI’s personal investigation of her and of her increasing concern for her personal safety and for the safety of the TFSC staff. Consistent with their ongoing efforts to aid SCI’s and Waltrip’s continued illegal acts, to cover up those acts, and to interfere with and impede the TFSC investigation of SCI, neither Whitmire nor Allbaugh took any action to stop the abusive SCI conduct.

In fact, on August 5, 1998, Allbaugh called May to set up a meeting for August 6. On August 6, Allbaugh’s office called and canceled the meeting, resetting it for August 10. On August 10, 1998, May reported to Allbaugh, hoping that he and the Governor would demonstrate some concern about the coercive, intimidating investigation that SCI had launched into her personal life, and the flagrant attempts by Waltrip and/or SCI to intimidate her into somehow halting the investigation of SCI affiliated funeral homes. May was accompanied to the meeting by B.J. Miller, a TFSC staff member, but Allbaugh refused to let Miller even enter his office, loudly and rudely stating to May that “This is between you and me!” In their meeting, Allbaugh accused May of “mistrust,” and rather than indicating any concern about SCI’s investigation of May or about the multiple violations of the law that May had reported to Allbaugh and other members of the Governor’s staff, and to the Attorney General, and to the Commission, Allbaugh simply demanded more information about the status of the SCI investigation and finally announced that “This isn’t going anywhere.” He then made it quite clear the meeting was ended and May was dismissed.

On or about August 12, 1998, political operative Bill Miller called May, said he was representing SCI, and scheduled a meeting with May for August 14. Miller indicated that the wanted to “make this thing go away.” (This was the day after press reports were published concerning the illegal investigation.) He also said that he had taken steps to stop the SCI investigation of May’s personal activities.

On August 17, 1998, Whitmire, again apparently at the behest of SCI, the client of his law firm, again called May, this time to demand that TFSC agree to a procedure for SCI to “mediate” its fine. Even though the TFSC still had not received all of the information needed for the investigation, at a Commission meeting on September 24, 1998, the TFSC agreed to conduct a mediation, as SCI demanded. SCI insisted that the mediation be conducted by an SCI-selected mediator. The mediation was scheduled for December 17-18, 1998. The mediation occurred the, but did not settle the matters in issue.

SCI’s mediation gambit having failed, SCI then followed with the next logical, albeit improper, step – the destruction of May’s position at the TFSC. On January 14, 1999, McNeil told May that Metcalf was working to get May placed on administrative leave or otherwise disciplined. Metcalf was employing his usual tactic of contacting other commissioners to discuss the issue in apparent violation of the Texas Open Meetings Act. May objected to this procedure. Nonetheless, it became clear that the ongoing harassment, abuse, and retaliation was leading to May’s ultimate termination, based upon the interference and pressure from Waltrip, SCI, Metcalf, Duncan, and Governor Bush’s office. On January 25, 1999, the TFSC did indeed place May on administrative leave, and on February 8, 1999, the TFSC Commissioners voted to terminate May’s employment. Prior to the public announcement of the TFSC’s decision to terminate May, the Commissioners met in executive session for an hour. At one point, McNeil came out of the meeting and spoke to Bill Miller, SCI’s representative, and told him that he should “stick around and decide for yourself if we made the right decision.” Shortly thereafter, the Commissioners reconvened in public session and announced that they were terminating May’s employment immediately. SCI employees Metcalf and Duncan, of course, participated in the vote to terminate May.

Thereafter, apparently following up on Waltrip’s repeated threats to abolish the TFSC, the Appropriations Committee of the Texas House of Representatives voted on March 1, 1999, to defund TFSC entirely, effectively beginning the legislative process for the final destruction of the agency. As it turned out, the agency was not abolished completely, but SCI and/or Waltrip was effective in passing final legislation, approved by the Governor, which stripped the TFSC of certain investigatory and regulatory powers and tools.

At various times May made reports of legal violations discussed above to the Commissioners, to Governor Bush, to the Austin Police Department, to the Texas Attorney General, and to the Texas Department of Public Safety, among others. The conduct she reported violated multiple statutes and rules, including the following provisions:

- Article 4582b, § 1(D) – “. . . The placing of any . . . chemicals or substances on or in a dead human body by any person who is not a licensed embalmer shall be deemed a violation of this Act, provided that this shall not apply to a provisional licensee working under the supervision of a licensed embalmer. All persons who are engaged in the business of embalming or who profess to be engaged in such business, or hold themselves out to the public as embalmers, shall be licensed embalmers.”

- Article 4582b, § 1(E) – “The term ‘provisional licensee’ as herein used is a person engaged in learning the practice of funeral directing and/or embalming under the instruction, direction, and personal supervision of a duly licensed funeral director and/or embalmer of and in the State of Texas in accordance with the provisions of this Act, and having been duly issued a provisional license by the commission prior thereto.”

- Article 4582b, § 2(A)(4) – “A commissioner or an agent of the commission who carries out the functions of the commission may not communicate directly or indirectly with a party or the party’s representative to a proceeding pending before the commission unless notice and an opportunity to participate is given to all parties to the proceeding, if the commissioner or agent is assigned to make a decision, a finding of fact, or a conclusion of law in the proceeding.”

- Article 4582b, § 2(A)(6) – “No person shall be appointed to the commission who is an officer or employee of a corporation or other business entity controlling or operating, directly or indirectly, more than three funeral establishments, if another commissioner is also an officer or employee of the same corporation or other business entity.”

- Article 4582b, § 2(K) – “All meetings of the commission shall be open and public . . . .”

- Article 4582b, § 2(L) – “The commission may issue, or delegate to the executive director the power to issue subpoenas and subpoenas duces tecum . . . .”

- Article 4582b, § 2(O) – “The commission is subject to the open meetings law . . . .”

- Article 4582b, § 3(A) – “The commission is hereby authorized and empowered and it shall be its duty to prescribe and maintain a standard of proficiency, professionalism, and qualifications of those engaged or who may engage in the practice of a funeral director or embalmer and to determine the qualifications necessary to enable any person to lawfully practice as a funeral director, to embalm dead human bodies, and to collect the fees therefor. The commission shall examine all applicants for funeral directors’ and embalmers’ licenses and for provisional licenses and shall issue the proper license to all personal qualified and who meet the requirements herein prescribed.”

- Article 4582b, § 3(C)(1)(d) – “To be eligible for a license to practice embalming, an applicant must: . . . have served as a provisional licensee for one year under the personal supervision of a licensed embalmer . . . .”

- Article 4582b, § 3(D)(1) – “It shall be the duty of the commission to prescribe and supervise the course of instruction received by a provisional licensee while participating in a provisional license program, consistent with the following requirements: 1. Provisional license for embalmer: A license to practice the science of embalming shall not be issued unless and until the applicant therefore has served a provisional license program of not less than twelve (12) consecutive months under the personal supervision and instruction of a licensed embalmer and has successfully completed all requirements of the program . . . .”

- Article 4582b, § 3(D)(5) – “It shall be the duty of the commission to prescribe and supervise the course of instruction received by a provisional licensee while participating in a provisional license program, consistent with the following requirements: 5. A provisional licensee is subject to the same disciplinary actions as a holder of a funeral director or embalmer license for a violation of this Act or a rule adopted under this Act.”

- Article 4582b, § 3(H) – “ . . . A violation of this Act includes the following: . . . 4. The use of any statement that misleads or deceives the public, including but not limited to false or misleading statements regarding . . . (4) representations as to licensed personnel in the operation of a funeral establishment . . . 11A. Embalming or attempting to embalm without proper authority a dead human body . . . 19. Performing acts of funeral directing or embalming, as those terms are defined in this Act, that are outside the licensed scope and authority of the licensee, or performing acts of funeral directing or embalming in a capacity other than that of an employee, agent, subcontractor, or assignee of a licensed funeral establishment that has contracted to perform those act . . . 20. Engaging in fraudulent, unprofessional, or deceptive conduct in providing funeral services or merchandise to a consumer . . . 26. Violation of this Act, [or] any rule adopted under this Act . . . 27. Dishonest conduct, willful conduct, negligence, or gross negligence in the practice of embalming or funeral directing that is likely to or does deceive, defraud, or otherwise injure the public.”

- Article 4582b § 3(H)(11A) – “A violation of this Act includes the following: . . . (11A) [e]mbalming or attempting to embalm without proper authority, a dead human body.”

- Article 4582b § 3(H)(20) – “A violation of this Act includes the following: . . . (20) [e]ngaging in fraudulent, unprofessional, or deceptive conduct in providing funeral services or merchandise to a consumer.”

- Article 4582b § 3(H)(25) – “A violation of this Act includes the following: . . . (25) [f]ailure to retain and make available to the commission, upon request, copies of all price lists, written notices, embalming documents, and memoranda of agreement required . . . for two (2) years after the date of their distribution or signing”

- Article 4582b § 3(H)(26) – “A violation of this Act includes the following: . . . (26) [v]iolation of this Act, [or] any rule adopted under this Act . . . .”

- Article 4582b § 3(H)(27) – “A violation of this Act includes the following: . . . (27) [d]ishonest conduct, willful conduct, negligence or gross negligence in the practice of embalming or funeral directing that is likely to or does deceive, defraud, or otherwise injure the public.”

- Article 4582b, § 4(B) – operating a funeral home without a proper and valid license.

- Article 4582b, § 4(C) – “It is expressly provided, however, that an establishment which functions solely as a commercial embalmer, as that term is defined in this Act, shall have a commercial embalmers establishment license . . . .”

- Article 4582b, § 4(C) – “Each funeral establishment shall be required to have a physical plant . . . consisting of the following: (1) . . . facilities in which funeral services may be conducted; (4) [a] preparation room containing facilities, equipment and supplies required by commission rule to ensure the provision of adequate embalming services . . . (8) [a] physical plant . . .”

- Article 4582b, § 4(D)(1) – “ . . . A violation of this Act includes the following: . . . (a) Failure of a funeral establishment to substantially comply with . . . this Section; (b) Failure by any person associated with the funeral establishment, whether as an employee, agent, subcontractor, assignee, owner, or otherwise, and whether licensed or unlicensed, to comply with this Act or a rule adopted under this Act.”

- Article 4582b, § 4(E) – “Each funeral establishment shall designate . . . a funeral director in charge, and such funeral director in charge shall be directly responsible for the funeral directing and embalming business of the licensee. The funeral director in charge is ultimately responsible for compliance with the mortuary laws. The funeral director in charge may be charged with a violation of this Act if a violation occurs in the funeral establishment.”

- Article 4582b, § 4(G)(1) – “Any premises on which funeral directing or embalming is practiced shall be open at all times to inspection for violations of this Act . . . by any agent of the commission . . . .”

- Article 4582b, § 4A – “A copy of the written consent . . . [for embalming] . . . shall be retained for a minimum of two years by the funeral home.”

- Article 4582b, § 6A – “A person commits an offense if the person: (1) acts or holds himself out as a funeral director, embalmer, or provisional licensee, as those terms are defined in this Act, without being properly licensed under this Act . . . .”

- Article 4582b, § 6D – “(a) The commission shall investigate each complaint received by the commission relating to a funeral director, [or] embalmer . . . .”

- TFSC Regulations, § 201.13 – “(a) Any premise on which embalming or funeral directing is conducted shall be open at all times to inspection under Texas Civil Statutes, Article 4582b . . . by any agent of the commission . . . (d) Inspections shall be unannounced . . . .”

- TFSC Regulations, § 203.6(a) – “Participants in the provisional licensure program may serve as provisional licensees only in funeral establishments or commercial embalming establishments licensed by the commission, and all work must be performed under the direct and personal supervision of a duly licensed funeral director or embalmer, depending on the provisional license . . . .”

- TFSC Regulations, § 203.8(f)(1) – “[I]t is a deceptive act or practice for a funeral provider to: (A) represent that the price charged for a cash advance item is the same as the cost to the funeral provider when such is [not] the case; (B) fail to disclose to persons arranging funerals that the price being charged for a cash advance item is not the same as the cost to the funeral provider for the item when such is the case.”

- TFSC Regulations, § 203.16(a)(1) – “Embalming shall be performed only by embalmers licensed by the commission, in properly equipped and licensed establishments . . . .”

- TFSC Regulations, § 203.22(d) – “One of [the specified] disclosure forms . . . must be signed by family when written authorization is secured if embalming is performed.”

- TFSC Regulations, § 203.29(a) – “In order to prohibit false, misleading, or deceptive practices, each licensed funeral home shall select and indicate to the commission the one name under which the funeral home is to be licensed (it may be a trade name), and no licensed funeral establishment may use any name other than the one under which the license is issued by the commission.”

- Texas Business and Commerce Code, §15.05 – “(a) Every contract, combination, or conspiracy in restraint of trade or commerce is unlawful. (b) It is unlawful for any person to monopolize, attempt to monopolize, or conspire to monopolize any part of trade or commerce. . . . (d) It is unlawful for any person to acquire, directly or indirectly, the whole or any part of the stock or other share capital or the assets of any other person or persons, where the effect of such acquisition may be to lessen competition substantially in any line of trade or commerce.”

- Texas Business and Commerce Code, §17.46 – “(a) False, misleading, or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful and are subject to action by the consumer protection division . . . . (b) . . . [T]he term ‘false, misleading, or deceptive acts or practices’ includes, but is not limited to the following acts: (1) passing off goods or services as those of another; (2) causing confusion or misunderstanding as to the source, sponsorship, approval, or certification of goods or services; (3) causing confusion or misunderstanding as to affiliation, connection, or association with, or certification by, another; (4) using deceptive representations or designations of geographic origin in connection with goods or services; (5) representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities which they do not have or that a person has a sponsorship, approval, status, affiliation, or connection which he does not; . . . (23) the failure to disclose information concerning goods or services which was known at the time of the transaction if such failure to disclose such information was intended to induce the consumer into a transaction into which the consumer would not have entered had the information been disclosed . . . .”

- Texas Business and Commerce Code, § 17.50(a) – “A consumer may maintain an action where any of the following constitute a producing cause of economic damages or damages for mental anguish: (1) the use or employment by any person of a false, misleading, or deceptive act or practice that is: (A) specifically enumerated in a subdivision of Subsection (b) of Section 17.46 of this subchapter; and (B) relied on by a consumer to the consumer’s detriment; . . . (3) any unconscionable action or course of action by any person.”

- Texas Government Code, § 551.002 – “Every regular, special, or called meeting of a governmental body shall be open to the public, except as provided by this chapter.”

- Texas Government Code, § 551.041 – “A governmental body shall give written notice of the date, hour, place, and subject of each meeting held by the governmental body.”

- Texas Government Code, § 551.144(a) – “A member of a governmental body commits an offense if a closed meeting is not permitted under this chapter and the member knowingly: (1) calls or aids in calling or organizing the closed meeting . . . or (3) participates in the closed meeting . . . .”

- Texas Government Code, § 572.001(a) – “It is the policy of this state that a state officer or state employee may not have a direct or indirect interest, including financial and other interests, or engage in a business transaction or a professional activity, or incur any obligation of any nature that is in substantial conflict with the proper discharge of the officer’s or employee’s duties in the public interest.”

- Texas Government Code, § 572.051 – “A state officer or employee should not: (1) accept or solicit any gift, favor, or service that might reasonably tend to influence the officer or employee in the discharge of official duties or that the officer or employee knows or should know is being offered with the intent to influence the officer’s or employee’s official conduct; (2) accept other employment or engage in a business or professional activity that the officer or employee might reasonably expect would require or induce the officer or employee to disclose confidential information acquired by reason of the official position; (3) accept other employment or compensation that could reasonably be expected to impair the officer’s or employee’s independence of judgment in the performance of the officer’s or employee’s official duties; (4) make personal investments that could reasonably be expected to create a substantial conflict between the officer’s or employee’s private interest and the public interest; or (5) intentionally or knowingly solicit, accept, or agree to accept any benefit for having exercised the officer’s or employee’s official powers or performed the officer’s or employee’s official duties in favor of another.”

- Texas Government Code, § 572.058(a) – “An election or appointed officer . . . who is a member of a . . . commission having policy direction over a state agency and who has a personal or private interest in a measure, proposal, or decision pending before the board or commission shall publicly disclose the fact to the . . . commission in a meeting called and held in compliance with Chapter 551. The officer may not vote or otherwise participate in the decision.”

- Texas Penal Code, § 32.42(b) – “A person commits an offense if in the course of business he intentionally, recklessly, or with criminal negligence commits one or more of the following deceptive business practices: . . . (5) passing off property or service as that of another; . . . (12) making a materially false or misleading statement: . . . in connection with the purchase or sale of property or service.”

- Texas Penal Code, § 36.03(a) – “A person commits an offense if by means of coercion he: (1) influences or attempts to influence a public servant in a specific exercise of his official power or a specific performance of his official duty or influences or attempts to influence a public servant to violate the public servant’s known legal duty . . . .”

- Texas Penal Code, § 3604(a) – “A person commits an offense if he privately addresses a representation, entreaty, argument, or other communication to any public servant who exercises or will exercise official discretion in an adjudicatory proceeding with an intent to influence the outcome of the proceeding on the basis of considerations other than those authorized by law.”

- Texas Penal Code, § 36.06(a) – “A person commits an offense if he intentionally or knowingly harms or threatens to harm another by an unlawful act: (1) in retaliation for or on account of the service or status of another as a: (A) public servant . . .; or (B) person who has reported or who the actor knows intends to report the occurrence of a crime; or (2) to prevent or delay the service of another as a: (A) public servant . . .; or (B) person who has reported or who the actor knows intends to report the occurrence of a crime.”

- Texas Penal Code, § 36.08 – “(a) A public servant in an agency performing regulatory functions or conducting inspections or investigations commits an offense if he solicits, accepts, or agrees to accept any benefit from a person the public servant knows to be subject to regulation, inspection, or investigation by the public servant or his agency . . . (c) A public servant in an agency carrying on civil or criminal litigation on behalf of government commits an offense if he solicits, accepts, or agrees to accept any benefit from a person against whom the public servant knows litigation is pending or contemplated by the public servant or his agency.”

- Texas Penal Code, § 37.09(a) – “(a) A person commits an offense if, knowing that an investigation or official proceeding is pending or in progress, he: (1) alters, destroys, or conceals any record, document, or thing with intent to impair its verity, legibility, or availability as evidence in the investigation or official proceeding; . . . .”

- Texas Penal Code, § 39.02(a) – “A public servant commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he intentionally or knowingly: (1) violates a law relating to the public servant’s office or employment . . . .”

- Texas Penal Code, § 39.03(a) – “A public servant acting under color of his office . . . commits an offense if he: (1) intentionally subjects another to mistreatment . . . that he knows is unlawful; (2) intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, or power . . . knowing his conduct is unlawful . . . .”

- Texas Penal Code, § 7.02 – “(a) A person is criminally responsible for an offense committed by the conduct of another if: . . . (2) acting with intent to promote or assist the commission of the offense, he solicits, encourages, directs, aids, or attempts to aid the other person to commit the offense; or (3) having a legal duty to prevent commission of the offense and acting with intent to promote or assist its commission, he fails to make a reasonable effort to prevent commission of the offense. (b) If, in the attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators, all conspirators are guilty of the felony actually committed, though having no intent to commit it, if the offense was committed in furtherance of the unlawful purpose and was one that should have been anticipated as a result of the carrying out of the conspiracy.”

- Texas Penal Code, § 15.02(a) – “A person commits criminal conspiracy if, with intent that a felony be committed: (1) he agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense; and (2) he or one or more of them performs an overt act in pursuance of the agreement.”

- Texas Government Code, § 554.002(a) – “A state . . . governmental entity may not suspend or terminate the employment of, or take other adverse personnel action against, a public employee who in good faith reports a violation of law by the employing governmental entity or another public employee to an appropriate law enforcement authority.”

May’s reports of illegal conduct included the following:

A. May reported – on the dates and to the persons identified below – that SCI violated the law and TFSC rules and regulations by failing and refusing to comply with TFSC subpoenas properly issued with respect to the pending investigation of SCI and SCI affiliates. SCI then falsely attempted to justify its illegal refusal to comply with the subpoenas by, among other things, conspiring with Commissioners Metcalf and Duncan, Robert Waltrip, Governor Bush, and Senator Whitmire (and possibly other legislators), to interfere with, impede and halt the investigation of SCI and SCI affiliates and, for example, to improperly attack the actions of TFSC, its staff and May. (Note also that May reported that while all SCI affiliates refused to comply with the subpoenas, all non-SCI entities complied.)

3/30/98 May reported to Eric Wright, Senate Finance Committee Director

4/7/98 May reported to Shannon Perez, Rep. Dale Tillery staff

4/16/98 May reported to Commissioner McNeil

5/7/98 May reported to all Commissioners

5/7/98 May reported to Sylvia Abanez, Governor Bush staff

5/7/98 May reported to Warren Mayberry, House Comm. on Appropriations

5/7/98 May reported to Shannon Perez, Rep. Dale Tillery staff

5/12/98 May reported to Senator John Whitmire

5/13/98 May reported to Quincy Quinlan, Attorney General’s office

5/14/98 May reported to Quincy Quinlan, Attorney General’s office

5/18/98 May reported to Senator Gonzolo Barrientios

5/19/98 May reported to Sylvia Abanez, Governor Bush staff

Such conduct apparently violated multiple laws, including the following:

Article 4582b, § 2(L) – “The commission may issue, or delegate to the executive director the power to issue, subpoenas and subpoenas duces tecum. . . .”

22 Tex. Admin. code § 201.7.(b) – “The executive director shall have the power to issue subpoenas and subpoena duces tecum to compel . . . the production of books, records, and documents.”

Article 4582b, § 2(A)(4) – “A commissioner . . . may not communicate directly or indirectly with a party or a party’s representative to a proceeding pending before the commission unless notice and an opportunity to participate is given to all parties. . . .”

Tex. Gov’t Code § 572.058 – “An . . . appointed officer . . . who is a member of a board or commission having policy direction over a state agency and who has a personal or private interest in a . . . decision pending before the board or commission shall publicly disclose the fact to the board or commission . . . . The officer may not vote or otherwise participate in the decision. The disclosure shall be entered in the minutes of the meeting.”

Op. Tex. Att’y Gen. No. JM – 424 (1986) – “[A] . . . public official commits an offense [with respect to Article 988b] if he knowingly: . . . participates in a vote or decision on a matter involving a business entity in which the . . . public official has a substantial interest if it is reasonably foreseeable that an action on the matter would confer an economic benefit to the business entity involved . . . .”

Article 4582b, § 2(5) – “Two commissioners may participate in any informal conference relating to a case . . . [but, o]ne of the two commissioners must be a licensed funeral director or embalmer and one must be a public member. . . .”

Article 4582b, § 3(D)(1) – “It shall be the duty of the commission to prescribe and supervise the course of instruction received by a provisional licensee while participating in a provisional license program, consistent with the following requirements: 1. Provisional license for embalmer: A license to practice the science of embalming shall not be issued unless and until the applicant therefore has served a provisional license program of not less than twelve (12) consecutive months under the personal supervision and instruction of a licensed embalmer and has successfully completed all requirements of the program. . . .”

Article 4582b, § 3(H) – “. . . A violation of this Act includes the following: 26. Violation of this Act, [or] any rule adopted under this Act . . . .”

Article 4582b, § 4(D)(1) – “. . . A violation of this Act includes the following: . . . (b) Failure by any person associated with the funeral establishment, whether as an employee, agent, subcontractor, assignee, owner, or otherwise, and whether licensed or unlicensed, to comply with this Act or a rule adopted under this Act.”

FTC Funeral Industry Practices Rule, 16 CFR §453.2(a)(5) – “[Any itemized statement for funeral goods and services must contain s]pecifically itemized cash advance items.”

FTC Funeral Industry Practice Rule, 16 CFR §453.3(f) – “[It is a deceptive act or practice to r]epresent that the price charged for a cash advance item is the same as the cost to the funeral provider for the item when such is not the case. [It is also a deceptive act to f]ail to disclose . . . that the price being charged for a cash advance item is not the same as the cost to the funeral provider for the item when such is the case.”

Tex. Bus. & Com. Code § 17.46(a)(1) – “‘[F]alse, misleading, or deceptive acts or practices’ include[] . . . passing off goods and services as those of another;”

Tex. Bus. & Com. Code § 17.46(a)(2) – “‘[F]alse, misleading, or deceptive acts or practices’ include[] . . . causing confusion or misunderstanding as to the source . . . of goods or services;”

Tex. Bus. & Com. Code § 17.46(a)(23) – “‘[F]alse, misleading, or deceptive acts or practices’ include[] . . . the failure to disclose information concerning goods or services which is known at the time of the transaction if such failure to disclose such information was intended to induce the consumer into a transaction into which the consumer would not have entered had the information been disclosed;”

Article 4582b, § 6D – “(a) The commission shall investigate each complaint received by the commission relating to a funeral director, [or] embalmer . . . .”

Texas Penal Code, § 39.02(a) – “A public servant commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he intentionally or knowingly: (1) violates a law relating to the public servant’s office or employment . . . .”

Texas Penal Code, § 39.03(a) – “A public servant acting under color of his office . . . commits an offense if he: . . . (2) intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, or power . . . knowing his conduct is unlawful . . . .”

Texas Penal Code, § 7.02 – “(a) A person is criminally responsible for an offense committed by the conduct of another if: . . . (2) acting with intent to promote or assist the commission of the offense, he solicits, encourages, directs, aids, or attempts to aid the other person to commit the offense; or (3) having a legal duty to prevent commission of the offense and acting with intent to promote or assist its commission, he fails to make a reasonable effort to prevent commission of the offense.”

Texas Penal Code, § 15.02(a) – “A person commits criminal conspiracy if, with intent that a felony be committed: (1) he agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense; and (2) he or one or more of them performs an overt act in pursuance of the agreement.”

B. May reported – on the dates and to the persons identified below – that Commissioners Metcalf and Duncan, employees or agents of SCI or SCI affiliates, assisted SCI in violating and refusing to comply with TFSC subpoenas concerning the pending investigation of SCI and SCI affiliates, and then falsely attempted to justify SCI’s illegal refusal to comply with the subpoenas by, among other things, conspiring with or on behalf of SCI with Robert Waltrip, Governor Bush and legislators including, but not limited to Senator John Whitmire, to turn improperly the focus of the investigation from SCI and SCI affiliates to the actions of TFSC, its staff, and May.

3/30/98 May reported to Eric Wright, Senate Finance Committee Director

4/7/98 May reported to Shannon Perez, Rep. Dale Tillery staff

4/16/98 May reported to Commissioner McNeil

5/7/98 May reported to all Commissioners

5/7/98 May reported to Sylvia Abanez, Governor Bush staff

5/7/98 May reported to Warren Mayberry, House Comm. on Appropriations

5/7/98 May reported to Shannon Perez, Rep. Dale Tillery staff

5/12/98 May reported to Senator John Whitmire

5/13/98 May reported to Quincy Quinlan, Attorney General’s office

5/14/98 May reported to Quincy Quinlan, Attorney General’s office

5/18/98 May reported to Senator Gonzolo Barrientios

5/19/98 May reported to Sylvia Abanez, Governor Bush staff

Such conduct apparently violated multiple laws, including the following:

Article 4582b, § 2(L) – “The commission may issue, or delegate to the executive director the power to issue, subpoenas and subpoenas duces tecum. . . .”

22 Tex. Admin. code § 201.7.(b) – “The executive director shall have the power to issue subpoenas and subpoena duces tecum to compel . . . the production of books, records, and documents.”

Article 4582b, § 3(H) – “. . . A violation of this Act includes the following: 26. Violation of this Act, [or] any rule adopted under this Act . . . .”

FTC Funeral Industry Practices Rule, 16 CFR §453.2(a)(5) – “[Any itemized statement for funeral goods and services must contain s]pecifically itemized cash advance items.”

Tex. Bus. & Com. Code § 17.46(a)(1) – “‘[F]alse, misleading, or deceptive acts or practices’ include[] . . . passing off goods and services as those of another;”

Article 4582b, § 6D – “(a) The commission shall investigate each complaint received by the commission relating to a funeral director, [or] embalmer . . . .”

C. May reported – on the dates and to the person identified below – that Commissioners Metcalf and Duncan assisted SCI in obstructing TFSC inspections, and conspired with SCI and Robert Waltrip to achieve that goal.

4/10/98 May reported to Rep. Kyle Janek

4/12/98 May reported to Commissioner McNeil

4/22/98 May reported to Commissioner McNeil

4/98 May reported to Quincy Quinlan, Attorney General’s office

4/98 May reported to Shannon Perez, Rep. Dale Tillery staff

5/5/98 May reported to Commissioner Keegan

5/7/98 May reported to all Commissioners

5/7/98 May reported to Sylvia Abanez, Governor Bush staff

5/7/98 May reported to Warren Mayberry, House Comm. on Appropriations

5/7/98 May reported to Shannon Perez, Rep. Dale Tillery staff

5/12/98 May reported to Senator John Whitmire

5/13/98 May reported to Commissioners McNeil, Keegan, Rhymes, Kizer, Collins, King & Hughes

5/18/98 May reported to Senator Gonzolo Barrientios

5/19/98 May reported to Sylvia Abanez, Governor Bush staff

5/98 May reported to Susan Dryer, State Auditor’s office

Such conduct apparently violated multiple laws, including the following:

22 Tex. Admin. code § 201.13 – “(a) Any premise on which embalming or funeral directing is conducted shall be open at all times to inspection under Texas Civil Statutes, Article 4582b . . . by any agent of the commission. . . . (d) Inspections shall be unannounced. . . .”

Article 4582b, § 3(H) – “. . . A violation of this Act includes the following: 26. Violation of this Act, [or] any rule adopted under this Act . . . .”

Article 4582b, § 6D – “(a) The commission shall investigate each complaint received by the commission relating to a funeral director, [or] embalmer . . . .”

D. May reported – on the dates and to the persons identified below – the attempts of Commissioners Metcalf and Duncan to influence investigations and compliance inspections involving SCI licensees (i.e., those in which they had a private interest), including frequently calling TFSC staff within 48 hours of an inspection or investigation to challenge inspection procedures or findings.

2 to 4/98 May reported to Shannon Perez, Rep. Dale Tillery staff

4/3/98 May reported to Commissioner McNeil

4/16/98 May reported to Commissioner McNeil

4/98 May reported to Polly Sowell, Governor Bush staff

4/98 May reported to Clay Johnson, Governor Bush staff

1998 May reported to Commissioner McNeil

5/5/98 May reported to Commissioner Keegan

5/18/98 May reported to Senator Gonzolo Barrientios

5/5-6/98 May reported to Commissioners on the Employee Grievance Committee

5/7/98 May reported to Commissioner McNeil

5/12/98 May reported to Senator John Whitmire

5/19/98 May reported to Sylvia Abanez, Governor Bush staff

Such conduct apparently violated multiple laws, including the following:

Article 4582b, § 6D – “(a) The commission shall investigate each complaint received by the commission relating to a funeral director, [or] embalmer . . . .”

Article 4582b, § 3(H) – “. . . A violation of this Act includes the following: 26. Violation of this Act, [or] any rule adopted under this Act . . . .”

Texas Penal Code, § 7.02 – “(a) A person is criminally responsible for an offense committed by the conduct of another if: . . . having a legal duty to prevent commission of the offense and acting with intent to promote or assist its commission, he fails to make a reasonable effort to prevent commission of the offense.”

E. May reported – on the dates and to the person identified below – that Commissioners Duncan and Metcalf simultaneously served as TFSC commissioners, even though they both worked for the same company – SCI, the largest funeral company in the world.

8/98 May reported to Commissioner McNeil

10/98 May reported to Commissioner McNeil

10/98 May reported to Commissioners Keegan and Rhymes

3 to 4/98 May reported to Shannon Perez, Rep. Dale Tillery staff

3 to 4/98 May reported to Senator Gonzolo Barrientios

4/98 May reported to Polly Sowell, Governor Bush staff

4/98 May reported to Clay Johnson, Governor Bush staff

Such conduct apparently violated multiple laws, including the following:

Article 4582b, § 2(A)(6) – “No person shall be appointed to the commission who is an officer or employee of a corporation or other business entity controlling or operating, directly or indirectly, more than three funeral establishments, if another commissioner is also an officer or employee of the same corporation or other business entity.”

Op. Tex. Att’y Gen. No. H – 1065 (1977) – “No member shall be appointed to the Board [of the TFSC] who is an officer o[r] employee of a corporation or other business entity controlling or operating directly or indirectly, more than three funeral establishments, if another member of the Board is also an officer or employee of the same corporation or other business entity.”

. . .

“It is plain that the Legislature wished to prevent . . . Board domination by representatives of any single chain of establishments . . . .”

. . .

“A member of the . . . Board . . . who changes employment so as to become an employee of a corporation that owns or operates more than three funeral establishments and that already employs another member of the Board vacates his Board membership by becoming so employed.”

F. May reported – on the dates and to the persons identified below – that Commissioners Duncan and Metcalf violated and aided SCI and its employees and agents in violating Texas laws and in covering up, and attempting to cover up, those violations, in failing to take proper actions to enforce licensing laws, and in conspiring with SCI to achieve those goals.

1/28/98 May reported to all Commissioners

1/28/98 May reported to State Auditor representatives

2 and 5/98 May reported to Senator Gonzolo Barrientos

3 to 4/98 May reported to Shannon Perez, Rep. Dale Tillery staff

3/18/98 May reported to Senator Jane Nelson’s staff

4/16/98 May reported to Commissioner McNeil

4/28/98 May reported to Senator Rodney Ellis’ staff

4/98 May reported to Commissioner McNeil

4/98 May reported to Polly Sowell, Governor’s Office

4/98 May reported to Clay Johnson, Governor’s Office

5/7/98 May reported to all Commissioners

5/7/98 May reported to Sylvia Abanez, Governor Bush staff

5/7/98 May reported to Warren Mayberry, House Comm. on Appropriations

5/7/98 May reported to Shannon Perez, Rep. Dale Tillery staff

5/12/98 May attempted to report to Senator John Whitmire

5/19/98 May reported to Sylvia Abanez, Governor’s Office

8/4/98 May reported to Senator John Whitmire

8/4/98 May reported to Joe Allbaugh, Governor’s office

8/4/98 May reported to Margaret Wilson, Governor’s office

2 to 7/98 May reported to Quincy Quinlan, Attorney General’s office

2 to 7/98 May reported to Sedora Jefferson, Attorney General’s office

Such conduct apparently violated multiple laws, including the following:

FTC Funeral Industry Practices Rule, 16 CFR §453.2(a)(5) – “[Any itemized statement for funeral goods and services must contain s]pecifically itemized cash advance items.”

Article 4582b, § 1(D) – “. . . The placing of any . . . chemicals or substances on or in a dead human body by any person who is not a licensed embalmer shall be deemed a violation of this Act, provided that this shall not apply to a provisional licensee working under the supervision of a licensed embalmer. All persons who are engaged in the business of embalming or who profess to be engaged in such business, or hold themselves out to the public as embalmers, shall be licensed embalmers.”

Article 4582b, § 1(E) – “The term ‘provisional licensee’ as herein used is a person engaged in learning the practice of funeral directing and/or embalming under the instruction, direction, and personal supervision of a duly licensed funeral director and/or embalmer of and in the State of Texas in accordance with the provisions of this Act, and having been duly issued a provisional license by the commission prior thereto.”

participate in the decision. The disclosure shall be entered in the minutes of the meeting.”

Article 4582b, § 2(A)(4) – “A commissioner or an agent of the commission who carries out the functions of the commission may not communicate directly or indirectly with a party or the party’s representative to a proceeding pending before the commission unless notice and an opportunity to participate is given to all parties to the proceeding, if the commissioner or agent is assigned to make a decision, a finding of fact, or a conclusion of law in the proceeding.”

Article 4582b, § 3(A) – “The commission is hereby authorized and empowered and it shall be its duty to prescribe and maintain a standard of proficiency, professionalism, and qualifications of those engaged or who may engage in the practice of a funeral director or embalmer and to determine the qualifications necessary to enable any person to lawfully practice as a funeral director, to embalm dead human bodies, and to collect the fees therefor. The commission shall examine all applicants for funeral directors’ and embalmers’ licenses and for provisional licenses and shall issue the proper license to all persons qualified and who meet the requirements herein prescribed.”

Article 4582b, § 3(C)(1)(d) – “To be eligible for a license to practice embalming, an applicant must: . . . have served as a provisional licensee for one year under the personal supervision of a licensed embalmer . . . .”

Article 4582b, § 3(H) – “. . . A violation of this Act includes the following: . . . 4. The use of any statement that misleads or deceives the public, including but not limited to false or misleading statements regarding . . . . (4) representations as to licensed personnel in the operation of a funeral establishment. . . . 11A. Embalming or attempting to embalm without proper authority a dead human body. . . . 19. Performing acts of funeral directing or embalming, as those terms are defined in this Act, that are outside the licensed scope and authority of the licensee, or performing acts of funeral directing or embalming in a capacity other than that of an employee, agent, subcontractor, or assignee of a licensed funeral establishment that has contracted to perform those acts. . . . 26. Violation of this Act, [or] any rule adopted under this Act . . . . 27. Dishonest conduct, wilful conduct, negligence, or gross negligence in the practice of embalming or funeral directing that is likely to or does deceive, defraud, or otherwise injure the public.”

Article 4582b, § 4(C) – “It is expressly provided, however, that an establishment which functions solely as a commercial embalmer, as that term is defined in this Act, shall have a commercial embalmers establishment license . . . .”

Article 4582b, § 4(G)(1) – “Any premises on which funeral directing or embalming is practiced shall be open at all times to inspection for violations of this Act . . . by any agent of the commission . . . .”

Article 4582b, § 6A – “A person commits an offense if the person: (1) acts or holds himself out as a funeral director, embalmer, or provisional licensee, as those terms are defined in this Act, without being properly licensed under this Act . . . .”

Article 4582b, § 6D – “(a) The commission shall investigate each complaint received by the commission relating to a funeral director, [or] embalmer . . . .”

22 Tex. Admin. code § 203.6(a) – “Participants in the provisional licensure program may serve as provisional licensees only in funeral establishments or commercial embalming establishments licensed by the commission, and all work must be performed under the direct and personal supervision of a duly licensed funeral director or embalmer, depending on the provisional license. . . .”

22 Tex. Admin. code § 203.16(a)(1) – “Embalming shall be performed only by embalmers licensed by the commission, in properly equipped and licensed establishments . . . .”

22 Tex. Admin. code § 203.29(a) – “In order to prohibit false, misleading, or deceptive practices, each licensed funeral home shall select and indicate to the commission the one name under which the funeral home is to be licensed (it may be a trade name), and no licensed funeral establishment may use any name other than the one under which the license is issued by the commission.”

Texas Penal Code, § 7.02 – “(a) A person is criminally responsible for an offense committed by the conduct of another if: . . . (2) acting with intent to promote or assist the commission of the offense, he . . . aids, or attempts to aid the other person to commit the offense; or (3) having a legal duty to prevent commission of the offense and acting with intent to promote or assist its commission, he fails to make a reasonable effort to prevent commission of the offense.”

Texas Penal Code, § 32.42(b) – “A person commits an offense if in the course of business he intentionally, recklessly, or with criminal negligence commits one or more of the following deceptive business practices: . . . (5) passing off property or service as that of another; . . . (12) making a materially false or misleading statement: . . . in connection with the purchase or sale of property or service.”

Texas Penal Code, § 36.03(a) – “A person commits an offense if by means of coercion he: (1) influences or attempts to influence a public servant in a specific exercise of his official power or a specific performance of his official duty or influences or attempts to influence a public servant to violate the public servant’s known legal duty . . . .”

Texas Penal Code, § 36.04(a) – “A person commits an offense if he privately addresses a representation, entreaty, argument, or other communication to any public servant who exercises or will exercise official discretion in an adjudicatory proceeding with an intent to influence the outcome of the proceeding on the basis of considerations other than those authorized by law.”

Texas Penal Code, § 36.06(a) – “A person commits an offense if he intentionally or knowingly harms or threatens to harm another by an unlawful act: (1) in retaliation for or on account of the service or status of another as a: (A) public servant . . . ; or (B) person who has reported or who the actor knows intends to report the occurrence of a crime; or (2) to prevent or delay the service of another as a: (A) public servant . . . ; or (B) person who has reported or who the actor knows intends to report the occurrence of a crime.”

Texas Penal Code, § 36.08 – “(a) A public servant in an agency performing regulatory functions or conducting inspections or investigations commits an offense if he solicits, accepts, or agrees to accept any benefit from a person the public servant knows to be subject to regulation, inspection, or investigation by the public servant or his agency. . . . (c) A public servant in an agency carrying on civil or criminal litigation on behalf of government commits an offense if he solicits, accepts, or agrees to accept any benefit from a person against whom the public servant knows litigation is pending or contemplated by the public servant or his agency.”

Texas Penal Code, § 39.03(a) – “A public servant acting under color of his office . . . commits an offense if he: (1) intentionally subjects another to mistreatment . . . that he knows is unlawful; (2) intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, or power . . . knowing his conduct is unlawful . . . .”

G. May reported – on the dates and to the persons identified – that Commissioners Metcalf and Duncan interfered with the TFSC investigation of SCI embalming practices in the Dallas/ Fort Worth areas.

4/3/98 May reported to Commissioner McNeil

4/21/98 May reported to Commissioner McNeil

5/5-6/98 May reported to all Commissioners on the Employee Grievance Committee

5/7/98 May reported to all Commissioners

5/7/98 May reported to Sylvia Abanez, Governor Bush staff

5/7/98 May reported to Warren Mayberry, House Comm. on Appropriations

5/7/98 May reported to Shannon Perez, Rep. Dale Tillery staff

Such conduct apparently violated multiple laws, including the following:

Article 4582b, § 3(H) – “. . . A violation of this Act includes the following: . . . 26. Violation of this Act, [or] any rule adopted under this Act . . . .”

Article 4582b, § 6D – “(a) The commission shall investigate each complaint received by the commission relating to a funeral director, [or] embalmer . . . .”

Texas Penal Code, § 7.02 – “(a) A person is criminally responsible for an offense committed by the conduct of another if: . . . (2) acting with intent to promote or assist the commission of the offense, he . . . aids, or attempts to aid the other person to commit the offense; or (3) having a legal duty to prevent commission of the offense and acting with intent to promote or assist its commission, he fails to make a reasonable effort to prevent commission of the offense.”

H. May reported – on the dates and to the persons identified – that Commissioner Metcalf contacted TFSC staff repeatedly to discuss and complain about the ongoing TFSC investigation of SCI affiliates in the Dallas/Fort Worth area (e.g., on 4/3/98 after issuance of subpoenas on SCI affiliates), when Commissioner Metcalf was an employee of SCI and thus had an obvious conflict of interest.

5/5-6/98 May reported to all Commissioners on the Employee Grievance Committee

5/5/98 May reported to Commissioner Keegan

5/7/98 May reported to all Commissioners

5/7/98 May reported to Sylvia Abanez, Governor Bush staff

5/7/98 May reported to Warren Mayberry, House Comm. on Appropriations

5/7/98 May reported to Shannon Perez, Rep. Dale Tillery staff

4/98 May reported to Clay Johnson, Governor Bush staff

4/98 May reported to Polly Sowell, Governor Bush’s staff

5/13/98 May reported to Quincy Quinlan, Attorney General’s office

Such conduct apparently violated multiple laws, including the following:

Tex. Gov’t Code § 572.001(a) – “It is the policy of this state that a state officer or state employee may not have a direct or indirect interest, including financial and other interests, or engage in a business transaction or a professional activity, or incur any obligation of any nature that is in substantial conflict with the proper discharge of the officer’s or employee’s duties in the public interest.”

Texas Penal Code, § 39.03(a) – “A public servant acting under color of his office . . . commits an offense if he: . . . (2) intentionally denies or impedes another in the exercise . . . of any right, privilege, or power . . . knowing his conduct is unlawful . . . .”

I. May reported – on the dates and to the persons identified – that Commissioner Duncan contacted TFSC staff repeatedly to discuss and complain about the ongoing TFSC investigation of SCI affiliates in the Dallas/Fort Worth area (e.g., on 4/3/98 after issuance of subpoenas on SCI affiliates), when Commissioner Duncan was an employee of ECI (a company over which SCI exercised control after acquisition) or SCI and thus had an obvious conflict of interest.

5/5-6/98 May reported to all Commissioners on the Employee Grievance Committee

5/5/98 May reported to Commissioner Keegan

5/7/98 May reported to all Commissioners

5/7/98 May reported to Sylvia Abanez, Governor Bush staff

5/7/98 May reported to Warren Mayberry, House Comm. on Appropriations

5/7/98 May reported to Shannon Perez, Rep. Dale Tillery staff

4/98 May reported to Clay Johnson, Governor Bush staff

4/98 May reported to Polly Sowell, Governor Bush’s staff

5/13/98 May reported to Quincy Quinlan, Attorney General’s office

Such conduct apparently violated multiple laws, including the following:

interest if it is reasonably foreseeable that an action on the matter would confer an economic benefit to the business entity involved . . . .”

J. May reported – on the dates and to the persons identified – that Commissioner Metcalf was involving himself in TFSC investigations and proceedings concerning SCI affiliates when he had an obvious conflict of interest.

1997-98 May reported to Rep. Dale Tillery

1997-98 May reported to Shannon Perez, Rep. Dale Tillery staff

1998 May reported to Polly Sowell, Governor’s Office

4/98 May reported to Clay Johnson, Governor’s Office

5/5/98 May reported to Commissioner Keegan

4 to 5/98 May reported to Commissioner McNeil

5/5-6/98 May reported to all Commissioners on the Employee Grievance Committee

5/7/98 May reported to all Commissioners

5/7/98 May reported to Sylvia Abanez, Governor’s Office

5/7/98 May reported to Warren Mayberry, House Comm. on Appropriations

5/7/98 May reported to Shannon Perez, Rep. Dale Tillery staff

Such conduct apparently violated multiple laws, including the following:

Tex. Gov’t Code§ 572.001(a) – “It is the policy of this state that a state officer or state employee may not have a direct or indirect interest, including financial and other interests, or engage in a business transaction or a professional activity, or incur any obligation of any nature that is in substantial conflict with the proper discharge of the officer’s or employee’s duties in the public interest.”

K. May reported – on the dates and to the persons identified – that Commissioner Duncan was involving himself in TFSC investigations and proceedings concerning SCI affiliates when he had an obvious conflict of interest.

1997-98 May reported to Rep. Dale Tillery

1997-98 May reported to Shannon Perez, Rep. Dale Tillery staff

1998 May reported to Polly Sowell, Governor’s Office

4/98 May reported to Clay Johnson, Governor’s Office

5/5/98 May reported to Commissioner Keegan

4 to 5/98 May reported to Commissioner McNeil

5/5-6/98 May reported to all Commissioners on the Employee Grievance Committee

5/7/98 May reported to all Commissioners

5/7/98 May reported to Sylvia Abanez, Governor’s Office

5/7/98 May reported to Warren Mayberry, House Comm. on Appropriations

5/7/98 May reported to Shannon Perez, Rep. Dale Tillery staff

Such conduct apparently violated multiple laws, including the following:

Tex. Gov’t Code§ 572.001(a) – “It is the policy of this state that a state officer or state employee may not have a direct or indirect interest, including financial and other interests, or engage in a business transaction or a professional activity, or incur any obligation of any nature that is in substantial conflict with the proper discharge of the officer’s or employee’s duties in the public interest.”

L. May reported – on the dates and to the persons identified – that Commissioners Metcalf and Duncan engaged in improper ex parte communications concerning matters pending at TFSC, conspired with others, including, but not limited to Robert Waltrip, Governor Bush, members of Governor Bush’s staff, and legislators, including Senator John Whitmire to have such communications, and aided and abetted such communications.

5/5/98 May reported to Commissioner Keegan

4 to 5/98 May reported to Commissioner McNeil

5/5-6/98 May reported to all Commissioners on the Employee Grievance Committee

Such conduct apparently violated multiple laws, including the following:

Article 4582b, § 2(O) – “The commission is subject to the open meetings law . . . .”

Article 4582b, § 3(H) – “. . . A violation of this Act includes the following: . . 26. Violation of this Act, [or] any rule adopted under this Act . . . .”

M. May reported – on the dates and to the persons identified – that at SCI’s and Robert Waltrip’s insistence, Governor Bush and/or members of his staff acquiesced to demands by or on behalf of SCI and Robert Waltrip and interfered with and impeded the ongoing investigation of SCI affiliates by, among other things, directing TFSC to conduct an investigation of its own staff, as part of a continuing effort to pressure and intimidate TFSC staff, as well as to interfere with, impede, delay, and side-track the TFSC investigation of SCI.

1998 May reported to Commissioner McNeil

8/4/98 May reported to Senator John Whitmire

8/4/98 May reported to Joe Allbaugh, Governor’s staff

8/4/98 May reported to Margaret Wilson, Governor’s staff

Such conduct apparently violated multiple laws, including the following:

N. May reported – on the dates and to the persons identified – that at SCI and Robert Waltrip’s insistence, Governor Bush and/or members of his staff acquiesced to demands by or on behalf of SCI and interfered with and impeded the ongoing investigation of SCI, by threatening and attempting to intimidate May and TFSC staff.

1998 May reported to Commissioner McNeil

8/4/98 May reported to Senator John Whitmire

8/4/98 May reported to Joe Allbaugh, Governor’s staff

8/4/98 May reported to Margaret Wilson, Governor’s staff

Such conduct apparently violated multiple laws, including the following:

O. May reported – on the dates and to the persons identified below – that at SCI and Robert Waltrip’s insistence, Governor Bush and/or members of his staff agreed to demands by or on behalf of SCI to interfere with and impede the ongoing investigation of SCI and its affiliates, including by improperly directing the premature ending of the investigation and by threatening to take away the TFSC investigation of SCI if it did not immediately end.

1998 May reported to Commissioner McNeil

Such conduct apparently violated multiple laws, including the following:

P. May reported – on the dates and to the persons identified below – that Governor Bush and/or members of his staff, and Senator Whitmire, engaged in a conspiracy with SCI and Robert Waltrip to interfere with and impede the ongoing investigation of SCI; to interfere with the contractual and business relations that May had with TFSC; to intentionally cause May to experience severe mental distress; to interfere with and invade her privacy; to interfere with and impede May and TFSC in the lawful performance of duties and responsibilities; to violate and/or permit violation of laws pertaining to embalming and funeral practices; to conceal and cover up the illegal acts and conspiracy after the fact; and to aid and abet such acts.

1998 May reported to Commissioner McNeil

5/7/98 May reported to all Commissioners

5/7/98 May reported to Sylvia Abanez, Governor’s Office

5/7/98 May reported to Warren Mayberry, House Comm. on Appropriations

5/7/98 May reported to Shannon Perez, Rep. Dale Tillery staff

8/4/98 May reported to Senator John Whitmire

8/4/98 May reported to Joe Allbaugh, Governor’s staff

8/4/98 May reported to Margaret Wilson, Governor’s staff

Such conduct apparently violated multiple laws, including the following:

Q. May reported – on the dates and to the persons identified – that Commissioner Duncan granted reciprocal licenses in the form of a letter without proper documentation or application or applicant qualifications when applicants were to work for ECI or SCI.

2/3/98 May reported to Commissioner McNeil

5/7/98 May reported to all Commissioners

5/7/98 May reported to Sylvia Abanez, Governor Bush staff

5/7/98 May reported to Warren Mayberry, House Comm. on Appropriations

5/7/98 May reported to Shannon Perez, Rep. Dale Tillery staff

Such conduct apparently violated multiple laws, including the following:

participate in the decision. The disclosure shall be entered in the minutes of the meeting.”

Article 4582b §(F) – [“Reciprocal licensees may be given a Texas license so long as the applicant has a valid license from another state] having license requirements substantially similar to those of this state.” (emphasis added)

On or about April 15, 1998, Governor Bush, joined the conspiracy described above and began participating in the improper and illegal effort to prevent a full and proper investigation of SCI. Governor Bush, therefore, is liable for the acts of the other conspirators, as well as for the improper acts of his staff persons—including his Chief of Staff Joe Allbaugh and his General Counsel Margaret Wilson—in their improper intervention in the TFSC investigation on behalf of Waltrip and SCI and in their attempts to halt or impede the investigation. Defendant Bush directed, approved of, ratified, condoned, and/or knowingly permitted the staff of the Office of Governor to take the actions described above against May, and to participate in a concerted campaign to pressure and intimidate the TFSC and May. Governor Bush directed, approved of, ratified, condoned, and/or knowingly permitted his staff to intervene improperly in the ongoing TFSC investigation of SCI for the purpose of impeding and halting that investigation. Those actions were an abuse of power, and were intended to subvert the lawful conduct of public officials in the performance of their official duties.

Defendants Waltrip, SCI, and SCI Management in this case have admitted (in response to Plaintiff's Request for Admission No. 263) that "during 1998, Robert Waltrip spoke to Governor Bush concerning the TFSC investigation of SCI affiliates." Further those defendants, in their first answers to Plaintiff's interrogatories (Interrogatory No. 4), also stated that "[o]n or about April 15, 1998, Mr. Robert Waltrip spoke to Governor Bush regarding Mr. Waltrip's April 15, 1998 letter [complaining about the TFSC investigation] to the Texas Funeral Service Commission." Although Governor Bush has given a sworn statement indicating that he "had no conversations with SCI officials, agents, or representatives concerning the investigation or any dispute arising from it," substantial evidence in this case, including the discovery responses referenced above, directly contradict Governor Bush's statement. Moreover, SCI's lobbyist, Bill Miller, has conceded in testimony that at the April 15 meeting between Bush and Waltrip and Rogers, "Bush asked why Waltrip was there," and that "Waltrip said he was having trouble with the Funeral Commission"—thus, again, directly contradicting Governor Bush's sworn statement. Governor Bush's communications director, Linda Edwards, also testified in this case that when she reviewed with Governor Bush press reports concerning his April 15 meeting with Waltrip and Rogers, Governor Bush did not dispute that he had talked to Waltrip, asking "Hey, Bobby, are those people still messing with you?" Ms. Edwards also testified that the Governor had an "exchange" with Mr. Waltrip. In short, multiple witnesses have testified or otherwise indicated that Governor Bush gave a false sworn statement in this case.

On the other hand, to date Governor Bush has not denied that he had conversations about SCI and the TFSC investigation with the multiple staff members who admittedly intervened personally with May and TFSC concerning SCI—including his Chief of Staff, his General Counsel, and Polly Sowell. Nor has Governor Bush denied that he directed, approved, ratified, condoned, and/or permitted such abusive, illegal, and improper conduct by his staff.

As detailed above, in Waltrip's telephone conversation on April 14, 1998, Waltrip told May that he would "do what [he] had to do" and then told Chairman McNeil that he would file a complaint against TFSC the next day "and take it all the way to the Governor's office." On April 15, Waltrip and Johnnie B. Rogers came to May's office with a written "complaint" about the TFSC investigation. The last page of the "complaint" reflected that Waltrip was going to deliver a copy to Governor Bush.

Approximately forty-five minutes after Waltrip and Rogers left May's office on April 15, 1998, Governor Bush's Chief of Staff Joe Allbaugh called May, who was not available. All of the testimony to date indicates that Governor Bush personally spoke with Waltrip and Rogers at that time—though Governor Bush has disagreed with the statements of various others concerning the substance of that conversation. (On occasion Governor Bush has also stated—contradicting his own statements— that he doesn't recall what was said during that meeting.) The mere fact that the Governor's Chief of Staff almost instantly dropped whatever he was doing to intervene personally on behalf of Waltrip and SCI with TFSC demonstrates both the extent of the power and influence that Waltrip and SCI exercised with Governor Bush, and the extent of Governor Bush's desire to serve the interests of his wealthy campaign contributor and longtime associate, Waltrip.

May returned Allbaugh's April 15 call the next day, but he was not in. Also on April 15, Chairman McNeil received a phone call from another member of Governor Bush's personal staff, Polly Sowell, who interrogated him concerning the purpose and nature of the investigation. Chairman McNeil asked May to call Ms. Sowell. May did so, and explained to her the general nature of the investigation; additionally, May reported to her the conflict of interest violations of the SCI employees who were commissioners on TFSC.

Chairman McNeil also told May that Governor Bush's office had instructed him to agree to SCI's plan to conduct an investigation of TFSC staff. Thus, in effect, Governor Bush's staff almost immediately enlisted in what became a concerted campaign to pressure May and TFSC and to intervene in and impede the investigation of TFSC. In so doing, Governor Bush and his staff undertook a role in the TFSC investigation that was completely improper and wholly lacking in statutory or constitutional support or basis. In short, Governor Bush and his staff almost immediately—and, obviously, quite eagerly—moved outside the bounds of Texas law to serve the interests of Waltrip and SCI.

By his letter of April 28, 1998, Waltrip indicated that he again was contacting Governor Bush to deliver additional materials concerning his April 15 "complaint."

Governor Bush directed and/or knowingly permitted his staff to conduct the May 18, 1998, meeting described above—which was held in the Office of the Governor, and which Governor Bush's staff and Senator Whitmire had secretly arranged, without giving May or Chairman McNeil any advance notice that there would be a meeting in the Governor's Office or that the Governor's top staff would attend and preside over the meeting. Governor Bush's Chief of Staff Allbaugh presided over the meeting, with Senator Whitmire and SCI's lobbyist, Rogers, making the principal presentations. Governor Bush's General Counsel, Margaret Wilson, and another staff member of Governor Bush also attended the meeting. As noted above, the meeting ended with Governor Bush's Chief of Staff Allbaugh issuing an unprecedented and completely improper demand that TFSC staff deliver to him by 1:00 p.m. that afternoon a letter stating exactly what documents TFSC staff still needed to close the SCI investigation. Obviously, neither the Governor nor his Chief of Staff had any statutory or other legal basis to make such a demand or to intervene in this manner. This conduct was illegal.

As May testified, she was "pressured by the Governor's office to halt the investigation." Obviously, that pressure could only have come from Governor Bush, either directly or indirectly. Indeed, Chairman McNeil repeatedly indicated that he was receiving directions from Governor Bush's Office concerning the handling of the TFSC investigation of SCI and the complaint lodged by Waltrip.

Governor Bush's General Counsel Margaret Wilson called May and said that she was "under a lot of pressure" to end the TFSC investigation that if TFSC did not end it, "the investigation would be taken away from us [the TFSC] and they [the Governor's office] would handle the investigation." Again, there is no conceivable legal basis for such a demand or threat. Governor Bush and his staff had no basis in Texas statutory or constitutional law to "take away" the investigation from TFSC.

Governor Bush and his office also deliberately disregarded—and implicitly approved—the improper and harassing SCI investigation of May's personal life, and the resulting concern that May had for her personal safety and that of the TFSC staff. May reported that investigation in her letter of August 4, 1998, to Governor Bush's Chief of Staff Allbaugh. The result of May's reports was the August 10, 1998, meeting with Governor Bush's Chief of Staff Allbaugh, described above. Instead of showing the slightest interest in or sympathy toward May's concerns, Allbaugh engaged in loud bullying, intimidation, and accusation directed against May—finally declaring: "This isn't going anywhere."

Moreover, any suggestion that Waltrip would not have talked to Governor Bush or that Governor Bush would not have intervened on behalf of Waltrip and SCI is highly unlikely on its face. Bush and Waltrip have extensive financial and personal connections, including:

(i) As has been noted, SCI's political action committee (SCI-PAC) gave Bush $35,000 for his 1998 campaign. Additionally, SCI-PAC made contributions to other political action committees that were in a position to make "soft money" contributions to support Bush's campaign for governor, including $5,000.00 to the Texas Challengers Fund (Houston), $1,500 to the CEM-PAC (Fort Worth), and $2,500 to the Associated Republicans of Texas (Austin).

(ii) Waltrip gave Bush $10,000 for his 1994 gubernatorial campaign.

(iii) Waltrip serves as a trustee of former President George Bush's presidential library.

(iv) SCI donated more than $100,000 for construction of the elder Bush's presidential library.

(v) SCI permitted former President Bush to use its corporate plane.

(vi) Waltrip paid former President Bush at least $25,000 to speak at a funeral association meeting.

(vii) Waltrip has known the Bush family for three decades.

Thus, Waltrip has a longstanding and very close political, personal, and financial relationship with Governor Bush and the Bush family. More importantly, Waltrip is and was a huge financial benefactor of Bush. That Waltrip would want to and would be able to—indeed, would demand to—talk to Governor Bush is utterly predictable. That Governor Bush would not have a conversation with such a long-time associate and political contributor—who had traveled from Houston to personally deliver to the Governor a complaint about the actions of a gubernatorially appointed commission—is highly unlikely.

On the other hand, substantial documentary and circumstantial evidence makes Governor Bush's personal intervention on behalf Waltrip and SCI both predictable and highly believable:

1. Waltrip's own "complaint" documents showed that he was providing copies of his documents to Governor Bush. Waltrip's April 15, 1998, letter to TFSC specifically "copied" Governor Bush. (Similarly, Waltrip sent supplemental complaint documents on April 18, 1998, again showing a copy to Governor Bush.) It is uncontroverted that Bush and Waltrip met and talked on April 15. Given the relationship between Waltrip and Governor Bush, it is inconceivable that Bush did not receive a copy of the April 15 complaint or that his staff did not communicate to him the substance of the Waltrip/SCI position. Further, given the almost frenetic manner in which Governor Bush's top staff "jumped on the case"—and indeed ultimately "threw open the doors" of the Governor's office for Waltrip and SCI—it is also inconceivable that Bush was unaware of their intervention on behalf of Waltrip/SCI. Under the circumstances of this case, Governor Bush is clearly responsible and liable for the actions of his staff.

2. It is undisputed that at least two meetings were held in the office of the Governor concerning TFSC’s investigation of SCI. This, of course, represents an extraordinary intervention by the Governor's office. Few citizens have the opportunity to air their disputes with government agencies in the Governor's office. That no one talked to the Governor about those meetings and no one from SCI spoke to him about the subject of those meetings is simply not believable.

3. Joe Allbaugh—then the Governor's Chief of Staff (and now his campaign manager)—attended both of those meetings, and Margaret Wilson, the Governor's General Counsel, attended the first of those meetings. Clearly, the very highest level of the Governor's staff—his very closest advisors, persons with whom he routinely would have had many contacts on a daily or weekly basis—became personally involved in handling the Waltrip/SCI complaints. Needless to say, ordinary citizens never have the "privilege," albeit illegal, of having the Governor's chief staff persons advocate their positions against such a government agency in a manner that is deliberately intimidating and threatening and wholly outside the law.

4. At the first of those two meetings in the Governor's office, on May 18, 1998, the persons in attendance included Chief of Staff Allbaugh, General Counsel Wilson, May, TFSC Chairman McNeil, Senator John Whitmire, the TFSC’s counsel (Jeffrey Schrader), Waltrip and his representatives, Johnnie B. Rogers and Johnnie B. Rogers, Jr. That Waltrip was once again personally present in the office of the Governor—and thus had the motive, opportunity, and means to talk to the Governor—but did not do so, is highly implausible.

5. At the second meeting, on August 10, 1998—three days after the TFSC had sent out letters to SCI assessing some $450,000 in fines—Chief of Staff Allbaugh again met with May, again in the office of the Governor. As described above, Chief of Staff Allbaugh attempted to pressure and intimidate May concerning the SCI investigation, and effectively declared that the matter would go no further. That Allbaugh would engage in such obviously improper, heavy-handed tactics without any knowledge or approval on the part of Governor—whose staff Allbaugh ran and with whom the Governor no doubt talked almost daily, sometimes many times a day—makes no sense.

6. In addition to those two face-to-face meetings in the office of Governor Bush, Bush's staff (Allbaugh, Wilson, and Sowell) made multiple phone calls to May and to TFSC commissioners.

7. Rogers, lawyer for Waltrip and SCI, admitted in statements to the press that Chief of Staff Allbaugh was involved in efforts "to get state officials to pressure the Funeral Service Commission to halt its investigation." That the Governor's Chief of Staff would have been involved in pressuring a state agency to stop the ongoing SCI investigation—but that the Governor would have no knowledge of what his Chief of Staff was doing—makes no sense. To support that proposition, the Governor would have to claim that he was ignorant of his Chief of Staff's direct intervention into, and attempts to halt, the state agency investigation as a special favor for the Governor's political and financial benefactor and friend. Once again, that is simply not believable.

8. Waltrip and SCI are neither subtle, nor shrinking violets. To the contrary, their tactics have been blunt-edged. One example is the abusive intimidation directed against May by having the chief of security of SCI, Robert Madeira, call her personal acquaintances and ask for "dirt" on her. Another example is the blatant sequence of cash-for-influence orchestrated by Waltrip and SCI in the Spring of 1998 when Waltrip became upset at the TFSC's investigation. The SCI-PAC then contributed to these state legislators:

Sen. Armbrister - $1000 on 4/3/98;

Sen. Carona - $1000 on 3/25/98;

Sen. Galloway - $1000 on 6/2/98;

Rep. Janek - $1000 on 5/12/98 and $1855.05 on 5/19/98;

Rep. Kubiak - $500 on 4/3/98.

The result was a series of at least twelve letters from contributee legislators to members of the Commission from April 17 to April 22, each with the identical first sentence: "It has come to my attention that a formal complaint has been filed by Service Corporation International regarding recent actions taken against that firm by Texas Funeral Service Commission staff." Each letter also urged "the Commission to hold a hearing on this complaint at your earliest convenience." That's hardly subtle. That Waltrip would be so flagrant in buying and using influence, and not personally involve Governor Bush in the dispute, is not believable.

9. Yet another example of Waltrip's heavy handed modus operandi is the fact that he repeatedly threatened to have the Commission abolished by the Legislature. Then, in fact, the Appropriations Committee of the Texas House of Representatives voted on March 1, 1999, to defund TFSC entirely—which would have effectively abolished the TFSC, just as Waltrip had threatened. After substantial press attention to the issue, the Legislature as a whole modified the legislation, merely enacting several measures designed to weaken the Commission even further.

10. Waltrip's and SCI's financial motives to talk to Bush and to enlist his assistance were obvious. In August 1998 the Commission notified SCI of fines of $450,000 arising from SCI's misconduct. SCI's improper embalming practices presumably originated from yet another desire to enhance its already massive profits. SCI is the world's largest undertaking service and operator of funeral homes and cemeteries, and Waltrip is the highest paid undertaker in the world. According to SCI's own publications, as of 1997 it had approximately 3,700 funeral service locations, cemeteries and crematoria worldwide, and grossed nearly $2.5 billion in total revenue. It then claimed to have a market capitalization of more than $10 billion, and to have handled one out of every nine funerals in the United States. Its financial stake in avoiding unfavorable governmental action was massive.

Additionally, in contrast to the improper favoritism and illegal intervention that Governor Bush exhibited on behalf of wealthy campaign contributor and long-time associate Robert Waltrip, Governor Bush repeatedly informed average Texas citizens—those who had not contributed tens of thousands of dollars to him but who did ask for his help in TFSC matters—that he would not help them and that he did not even have authority to help them. For example, on June 9, 1997, he wrote to Ms. Ellilian Jud De Leon in response to her request that he assist her with TFSC in her effort to become a licensed embalmer. Instead of meeting with Ms. De Leon personally (as he did with Robert Waltrip and his lobbyist), instead of his Chief of Staff Joe Allbaugh intervening on Ms. De Leon's behalf (as he did for Robert Waltrip and the SCI Defendants), instead of his General Counsel Margaret Wilson intervening on Ms. De Leon's behalf and threatening that Governor Bush would "take the investigation away from" TFSC (as she did for Robert Waltrip and the SCI Defendants), instead of having secretly arranged meetings in the Governor's office with required attendance by TFSC staff for the purpose of intimidating and pressuring TFSC (as happened for Robert Waltrip and the SCI Defendants)—instead of doing any of that, Governor Bush gave Ms. De Leon the "brush-off," indicating that he had no "authority" to help her.

Specifically, Governor Bush wrote Ms. De Leon and told her this:

I understand that you want me to intervene, but the Texas Funeral Services Commission has the authority in this matter. I encourage you to continue working toward your goal of joining the funeral business.

(Emphasis added.) Governor Bush told Ms. De Leon that he would not "intervene" on her behalf—though he and his staff had repeatedly intervened on behalf of Waltrip and SCI. Governor Bush told Ms. De Leon that only TFSC had "the authority" to act in the matter—which was exactly the opposite of what his General Counsel Margaret Wilson indicated when she said she was "under a lot of pressure" to bring TFSC’s investigation of SCI to a conclusion or else Governor Bush would "take the investigation away from" TFSC.

Similarly, on June 18, 1997, Governor Bush wrote to another citizen, Ms. Annie M. McClain, again indicating that he would not help her, that he would not "intervene," and that he had no "investigative power" in the matter—exactly the opposite of what he said and did for Robert Waltrip and SCI.

Although I understand that you want me to intervene, the Texas Constitution does not grant investigative power to the Governor's Office. Because the Texas Funeral Services Commission has the authority to review complaints about funeral establishments, I am forwarding a copy of your letter to Ms. Eliza May, executive director of the Commission, to let her know your views about this matter.

(Emphasis added.)

Hence, when average citizens like Ms. De Leon and Mrs. McClain sought the Governor's help and intervention, they received no help. They received dismissive letters couched in terms of the Governor's lack of authority to "intervene." When Mr. Waltrip—a wealthy contributor and longtime Bush crony—called, the offices of the Governor were thrown open, and top staff repeatedly "intervened."

Moreover, the carefully tailored, "know-nothing affidavit" that Governor Bush previously submitted in this case was perhaps more significant for what it did not deny than for what it did deny:

Governor Bush denied “personal knowledge,” but did not deny having other kinds of knowledge, such as knowledge from his staff regarding their illegal interventions on behalf of Waltrip and SCI.

Governor Bush did not deny that he received and read Waltrip’s letters of April 15, 1998, and April 28, 1998, complaining about TFSC’s investigation of SCI

Governor Bush did not deny that he took action in response to Waltrip’s letters concerning the complaint in order to assist his friend and long time supporter to whom Governor Bush referred as "Bobby."

Governor Bush did not deny conversations or communications with his staff or parties other than SCI regarding the TFSC investigation and SCI’s efforts to harass and intimidate May and to have her terminated from her position as Executive Director of TFSC.

Governor Bush did not deny that he ordered, consented to, or approved his staff’s intervention and intrusion into the ongoing investigation at TFSC.

Governor Bush did not deny that he knew that on April 15, 1998, the same day that he had a conversation with Waltrip concerning the investigation, that his Chief of Staff, Joe Allbaugh, called May’s office.

Governor Bush did not deny that he ordered, consented to, ratified, or approved of Joe Allbaugh's efforts to call May’s office on the same day that the Governor discussed the TFSC investigation with Waltrip.

Governor Bush did not deny that he knew that also on April 15, 1998, Polly Sowell of his office called TFSC Chairman McNeil to interrogate the Chairman concerning the nature and purpose of the investigation.

Governor Bush did not deny that he ordered, consented to, approved, or knew about Sowell’s actions in calling the Chairman.

Governor Bush did not deny that he knew his office improperly instructed Chairman McNeil to agree to SCI’s plan for TFSC to conduct an investigation of TFSC staff.

Governor Bush did not deny that he ordered, consented to, approved or knew about his staff’s action in instructing Chairman McNeil to agree to SCI’s plan for TFSC to conduct an investigation of TFSC's staff.

Governor Bush did not deny that he instructed his staff to improperly intervene on behalf of Waltrip and SCI, and to perform special favors for Waltrip and SCI.

Governor Bush did not deny that he knew, consented to, ratified, or approved the action of his staff in improperly intervening on behalf of Waltrip and SCI, and performing special favors for Waltrip and SCI.

Governor Bush did not deny that he knew that on Waltrip's and SCI’s behalf, Joe Allbaugh had improperly intervened in the ongoing investigation and had tried to pressure and coerce May into ending the investigation.

Governor Bush did not deny that he knew that his General Counsel, Margaret Wilson, called May and told her that she (Wilson) was under a lot of pressure to bring the TFSC investigation to a conclusion or else Governor Bush would take the investigation away from TFSC.

Governor Bush did not deny that he ordered, consented to, or approved Wilson’s call to May in which Wilson threatened that the Governor would take the investigation away from TFSC.

Governor Bush did not deny that he wanted his staff to pressure May and TFSC into halting the investigation, or else to try to take the investigation away from TFSC. and

Governor Bush did not deny that he knew about, assisted or approved of Waltrip’s and SCI’s efforts to investigate May's personal life, or Allbaugh's refusal to take any action on May's behalf in connection with that abusive investigation.

For the foregoing reasons, Governor Bush is responsible and liable for the actions of his coconspirators and for the illegal campaign of harassment and retaliation directed against May.

See also generally the entirety of Plaintiff's First Amended Original Petition.

(d) the amount and any method of calculating economic damages.

Response: At this time, the precise amount of May’s economic damages cannot yet be fully calculated; further, May remains unemployed and thus her damages continue to accrue. May’s economic damages (as opposed to non-economic damages) would include her loss of wages during the period following her termination, as well as her loss of fringe benefits (including, but not limited to health insurance, retirement benefits – including deferred compensation, and state employment tenure). May’s annual salary at the time of her termination was approximately $45,407. Her salary loss would be that figure, computed over the period of time that she remains out of work or during which she earns a lesser salary in any employment subsequent to the TFSC. From April to September, 1999, May worked a temporary, grant driven position for which she earned approximately $11,600. From September, 1999 to present, May is again unemployed, and being paid unemployment benefits. The employment benefits collected by May in 1999 are estimated to be between $6,500 and $7,000. Sufficient information has not been obtained to allow calculation of the exact value of May’s economic damages, including fringe benefits (including, but not limited to health insurance, retirement benefits – including deferred compensation, and state employment tenure). This answer will be supplemented and/or amended when that information becomes available. In addition to her economic damages, of course, May seeks the other categories of damages listed in her First Amended Original Petition, as well as other relief pleaded for in that petition.

(e) the name, address, and telephone number of persons having knowledge of relevant facts, and a brief statement of each identified person's connection with the case.

Response: May believes that the following persons may have knowledge of facts relevant to this case:

Abanez, Sylvia

Office of the Governor

1100 San Jacinto

Austin, Texas 78701

512/463-2000

Ms. Abanez is a member of Governor Bush’s staff and may have knowledge concerning: May’s reports of illegal conduct, the complaints to, and/or communications and contacts with Governor Bush and/or others in the Governor's office by SCI concerning May and the TFSC; complaints to, and/or communications and contacts with Governor Bush and/or others in the Governor's office by Waltrip concerning May and the TFSC; the actions and conduct of the TFSC, the Governor and/or his staff’s response to such complaints, communications and contacts; the investigation by the TFSC concerning SCI and related events; communications or contacts by May and other TFSC representatives with Governor Bush and/or others in the Governor's office; the actions of Waltrip, SCI, and its agents and employees concerning the TFSC and May, including Waltrip's and/or SCI's campaign against May; her own contacts, and the contacts of others in the Governor's office with the TFSC and/or May; and political campaign contributions received from or on behalf of the SCI Political Action Committee ("SCI PAC"), Waltrip and SCI, and related issues.

Allbaugh, Joe

Office of the Governor

1100 San Jacinto

Austin, Texas 78701

512/463-2000

Mr. Allbaugh is the former chief of staff for Governor Bush and may have knowledge concerning: May’s reports of illegal conduct; the complaints to, and/or communications and contacts with him and/or others in the Governor's office by SCI concerning May and the TFSC; complaints to, and/or communications and contacts with him and/or others in the Governor's office by Waltrip concerning May and the TFSC; the actions and conduct of the TFSC, the Governor and/or his staff in response to such complaints, communications and contacts; the investigation by the TFSC concerning SCI and related events; communications or contacts by May and other TFSC representatives with him and/or others in the Governor's office; the actions of Waltrip, SCI, and its agents and employees concerning the TFSC and May, including Waltrip's and/or SCI's campaign against May; his own contacts, and the contacts of others in the Governor's office with the TFSC and/or May on behalf of Waltrip and/or SCI; and political campaign contributions received from or on behalf of the SCI PAC, Waltrip and SCI, and related issues.

Allen, Russell

1112 Trinity Drive

Benbrook, Texas 76126

telephone unknown

Mr. Allen is a former Commissioner of the TFSC, and may have knowledge concerning: the operations and performance of the TFSC; and SCI and its position in the funeral industry.

Alonzo Funeral Home

2301 Ephripham Avenue

Ft. Worth, Texas 76106

Alonzo Funeral Home is an SCI affiliate and employees and representatives of the funeral home may have knowledge concerning: the investigation by the TFSC concerning SCI and related events and the operations and business practices of SCI and SCI affiliates.

Amalla, R.

Alonzo Funeral Home

2301 Ephripham Avenue

Ft. Worth, Texas 76106

Mr. Amalla is an employee of an SCI affiliated funeral home and may have knowledge concerning: the investigation by the TFSC concerning SCI and related events and the operations and business practices of SCI and SCI affiliates.

Amey, John W.

10309 LaCosta

Austin, Texas 78747

telephone unknown

Mr. Amey is a former Commissioner of the TFSC, and may have knowledge concerning: the operations and performance of the TFSC; and SCI and its position in the funeral industry.

Armbrister, Ken Senator

Texas State Senate

P.O. Box 12068

Austin, Texas 78711

512/463-0118

Senator Armbrister may have knowledge concerning: complaints by and contacts with Waltrip and/or SCI concerning May and the TFSC; his own contacts with the TFSC on behalf of Waltrip and/or SCI; political campaign contribution received from or on behalf of SCI's PAC, Waltrip and SCI; the investigation by the TFSC concerning SCI and related events; and his contact with Attorney General John Cornyn and/or members of his staff regarding the TFSC investigation of SCI and related events and General Cornyn's issuance of Opinion JC-0059 dated June 2, 1999, and related issues.

Baker, Laurie

Texas Funeral Service Commission

510 South Congress Avenue, Suite 206

Austin, Texas 78704-1716

512/479-7222

Ms. Baker is or was a TFSC employee and may have knowledge concerning: the operations of the TFSC; the investigation by the TFSC concerning SCI and related events; and May's tenure as Executive Director of the TFSC, and related issues.

Barrientos, Gonzalo Senator

Texas State Senate

Capitol Building

Austin, Texas 78701

512/463-0114

Senator Barrientos may have knowledge concerning: various violations of law reported by May during her tenure as Executive Director of the TFSC and related issues.

Bass, Timothy

465 Jones Street

Cedar Hill, Texas 75104

Mr. Bass is or was a provisional licensee of or through an SCI affiliate and may have knowledge concerning: his own conduct and that of SCI and its affiliate(s) concerning his provisional licensee status; and the TFSC investigation of SCI and related events.

Bates, Stephen D.

Sparkman-Crane Funeral Home

10501 Garland Road

Dallas, Texas 75218

Mr. Bates is an employee of an SCI affiliated funeral home and may have knowledge concerning: the investigation by the TFSC concerning SCI and related events and the operations and business practices of SCI and SCI affiliates.

Bauman, Dwayne

Sparkman-Crane Funeral Home

10501 Garland Road

Dallas, Texas 75218

Mr. Bauman is or was a provisional licensee of or through an SCI affiliate and may have knowledge concerning: his own conduct and that of SCI and its affiliate(s) concerning his provisional licensee status; and the TFSC investigation of SCI and related events.

Bean-Massey-Burge Funeral Home

733 Dalworth

Grand Prairie, Texas 75050

Bean-Massey-Burge Funeral Home is an SCI affiliate and employees and representatives of the funeral home may have knowledge concerning: the investigation by the TFSC concerning SCI and related events and the operations and business practices of SCI and SCI affiliates.

Benson, T. Craig

Service Corporation International

1929 Allen Parkway

Houston, Texas 77019

713/525-5289

Mr. Benson is an officer of SCI and may have knowledge concerning: the TFSC investigation of SCI and related events; political contributions made by SCI, and/or the SCI PAC; and the relationship of SCI and/or Waltrip with Governor Bush, and related issues.

Bivins, Teel Senator

Texas State Senate

Capitol Building

Austin, Texas 78701

512/463-0131

Senator Bivins may have knowledge concerning: various violations of law reported by May during her tenure as Executive Director of the TFSC and related issues.

Boze-Mitchell Funeral Home

511 West Main

Waxahachie, Texas 75165

Boze-Mitchell Funeral Home is an SCI affiliate and employees and representatives of the funeral home may have knowledge concerning: the investigation by the TFSC concerning SCI and related events and the operations and business practices of SCI and SCI affiliates.

Broussard, James Blue

P.O. Box 5593

Beaumont, Texas 77702

telephone unknown

Mr. Broussard is a former Commissioner of the TFSC, and may have knowledge concerning: the operations and performance of the TFSC; and SCI and its position in the funeral industry.

Brown, Kathleen

Texas Funeral Service Commission

510 South Congress Avenue, Suite 206

Austin, Texas 78704-1716

512/479-1716

Ms. Brown is or was a TFSC employee and may have knowledge concerning: the operations of the TFSC, and related issues.

Burchette, C. Ray

5814 Westmont Drive

Austin, Texas 78731

telephone unknown

Mr. Burchette is a former Commissioner of the TFSC, and may have knowledge concerning: the operations and performance of the TFSC; and SCI and its position in the funeral industry.

Bush, George W. Governor

1100 San Jacinto

Austin, Texas 78701

512/463-2000

Governor Bush may have knowledge concerning: complaints to and communications and contacts with him and/or his staff by Waltrip and/or SCI concerning May and the TFSC; his relationship with Waltrip and SCI; the TFSC investigation of SCI and related events; campaign contributions received from Waltrip, SCI and/or the SCI PAC; communications by Waltrip and SCI with him and/or with his staff; communications by May and/or representatives of the TFSC, including Commissioners, with him and/or with his staff; actions taken by him or on his behalf concerning Waltrip, SCI, May, and/or the TFSC; and related matters, and related issues.

Capehart, M.

Sparkman-Dickey Funeral Home

17501 North Dallas Parkway

Dallas, Texas 75370

Mr. Capehart is an employee of an SCI affiliated funeral home and may have knowledge concerning: the investigation by the TFSC concerning SCI and related events and the operations and business practices of SCI and SCI affiliates.

Carona, John Senator

Texas State Senate

P.O. Box 12068

Austin, Texas 78711

512/463-0116

Senator Carona may have knowledge concerning: complaints by and contacts with Waltrip and/or SCI concerning May and the TFSC; his own contacts with the TFSC on behalf of Waltrip and/or SCI; political campaign contribution received from or on behalf of SCI's PAC, Waltrip and SCI; and the investigation by the TFSC concerning SCI and related events, and related issues.

Cauthen, Gregory L.

Service Corporation International

1929 Allen Parkway

Houston, Texas 77019

713/525-5289

Mr. Cauthen is an officer of SCI and may have knowledge concerning: the TFSC investigation of SCI and related events; political contributions made by SCI, and/or the SCI PAC; and the relationship of SCI and/or Waltrip with Governor Bush.

Champagne, George R.

1929 Allen Parkway

Houston, Texas 77019

713/525-5546

Mr. Champagne is an officer of SCI and may have knowledge concerning: the TFSC investigation of SCI and related events; political contributions made by SCI, and/or the SCI PAC; and the relationship of SCI and/or Waltrip with Governor Bush.

Clark, Karen

SCI Management Corporation

1929 Allen Parkway

Houston, Texas 77219

713/522-5141

Ms. Clark is or was the governmental affairs administrator for SCI Management Corporation and may have knowledge concerning: SCI PAC contributions made to or on behalf of Governor Bush, Texas legislators, and other elected officials, and related issues.

Coelho, Anthony L.

address unknown

telephone unknown

Mr. Coelho is an SCI board member and may have knowledge concerning: the TFSC investigation of SCI and related events; political contributions made by SCI, and/or the SCI PAC; and the relationship of SCI and/or Waltrip with Governor Bush.

Collins, Evelyn S.

1309 West 40th Street

Texarkana, Texas 75503

903/793-1171

Ms. Collins is a TFSC Commissioner and may have knowledge concerning: the TFSC investigation of SCI and related events; violations of law reported by May; May's performance as Executive Director during her tenure at the TFSC; and related issues.

Cook-Walden/Davis Funeral Home

2900 Williams Drive

Georgetown, Texas 78627

Cook-Walden/Davis Funeral Home is an SCI affiliate and employees and representatives of the funeral home may have knowledge concerning: the investigation by the TFSC concerning SCI and related events and the operations and business practices of SCI and SCI affiliates.

Conway, Douglas M.

address unknown

telephone unknown

Mr. Conway is an SCI board member and may have knowledge concerning: the TFSC investigation of SCI and related events; political contributions made by SCI, and/or the SCI PAC; and the relationship of SCI and/or Waltrip with Governor Bush.

Corbin, C.

Cook-Walden/Davis Funeral Home

2900 Williams Drive

Georgetown, Texas 78627

Mr. Corbin is an employee of an SCI affiliated funeral home and may have knowledge concerning: the investigation by the TFSC concerning SCI and related events and the operations and business practices of SCI and SCI affiliates.

Cornyn, John

Attorney General of the State of Texas

209 West 14th Street

Price Daniel, Sr. Building, 8th Floor

Austin, Texas 78701

512/463-2100

General Cornyn is the Attorney General of the State of Texas and may have been involved in improper activities that reportedly occurred in connection with the issuance of Opinion No. JC-0059 of June 2, 1999. Further, General Cornyn may have knowledge concerning: contacts with him or his staff by or on behalf of SCI and/or Waltrip regarding the investigation by the TFSC concerning SCI, complaints, communications and contacts by or on behalf of Waltrip and/or SCI associated with that investigation and related events, and the conspiracy and related events as detailed in Plaintiff’s First Amended Original Petition.

Crouter, Mary R.

Assistant Attorney General

209 West 14th Street

Price Daniel, Sr. Building, 6th Floor

Austin, Texas 78701

512/463-2100

Ms. Crouter is an Assistant Attorney General and may have been involved in improper activities that reportedly occurred in connection with the issuance of Opinion No. JC-0059 of June 2, 1999, and related issues.

Crow, Pat

Austin, Texas

telephone number unknown

Ms. Crow is an acquaintance of May who may have knowledge concerning SCI's investigation of and campaign against May, and related issues.

Cuellar, Henry Representative

Texas State House of Representatives

Capitol Building

Austin, Texas 78701

512/463-0558

Representative Cuellar may have knowledge concerning: various violations of law reported by May during her tenure as Executive Director of the TFSC and related issues.

Davidson, Donna Garcia

Office of the Governor

Capitol Building

Austin, Texas 78701

512/463-2000

Ms. Davidson is assistant general counsel to Governor Bush and may have knowledge concerning: the complaints to, and/or communications and contacts with her and/or others in the Governor's office by SCI concerning May and the TFSC; complaints to, and/or communications and contacts with her and/or others in the Governor's office by Waltrip concerning May and the TFSC; the actions and conduct of the TFSC, the Governor and/or his staff in response to such complaints, communications and contacts; the investigation by the TFSC concerning SCI and related events; communications or contacts by May and other TFSC representatives with her and/or others in the Governor's office; the actions of Waltrip, SCI, and its agents and employees concerning the TFSC and May, including Waltrip's and/or SCI's investigation of and campaign against May; her own contacts, and the contacts of others in the Governor's office with the TFSC and/or May on behalf of Waltrip and/or SCI; and political campaign contributions received from or on behalf of the SCI PAC, Waltrip and SCI, and related issues.

Dixon, Debbie

Texas Funeral Service Commission

510 South Congress Avenue, Suite 206

Austin, Texas 78704-1716

512/479-7222

Ms. Dixon is or was a TFSC employee and may have knowledge concerning: the operations of the TFSC; the investigation by the TFSC concerning SCI and related events; and May's tenure as Executive Director of the TFSC, and related issues.

Dixon, Robert

218 North Mattson

West Columbia, Texas 77486

telephone unknown

Mr. Dixon is a former Commissioner of the TFSC, and may have knowledge concerning: the operations and performance of the TFSC; May's performance as Executive Director of the TFSC; and SCI and its position in the funeral industry.

Dobbins, Michelle

Texas Funeral Service Commission

510 South Congress Avenue, Suite 206

Austin, Texas 78704-1716

512/479-7222

Ms. Dobbins is or was a TFSC employee and may have knowledge concerning: the operations of the TFSC; the investigation by the TFSC concerning SCI and related events; and May's tenure as Executive Director of the TFSC, and related issues.

Dryer, Susan

Office of the State Auditor

Two Commodore Plaza

206 East 9^th Street, Suite 1900

Austin, Texas 78701

512/479-4700

Ms. Dryer is a employee of the Officer of the Texas State Auditor and may have knowledge concerning: May’s reports of illegal conduct, and related issues.

Dubose, K

Metcalf Funeral Directors

1401 North Frazier

Conroe, Texas 77305

Mr. Dubose is an employee of SCI or an SCI affiliate and have knowledge concerning: the investigation by the TFSC concerning SCI and related events and the operations and business practices of SCI and SCI affiliates.

Duncan, Robert G.

Colonial Services, Inc.

1801 East Red River

Victoria, Texas 77901

512/576-0043

Mr. Duncan is an employee of SCI and a current or former Commissioner of the TFSC and may have knowledge concerning: the TFSC investigation of SCI and related events; violations of law reported by May; May's performance as Executive Director during her tenure at the TFSC; the complaints to, and/or communications and contacts with, Governor Bush, and/or his staff by SCI concerning May and the TFSC; the actions and conduct of the TFSC, the Governor and/or his staff in response to such complaints, communications and contacts; communications or contacts by May and other TFSC representatives with Governor Bush and/or his staff; the actions of Waltrip, SCI, and its agents and employees concerning the TFSC and May, including Waltrip's and/or SCI's campaign against May; the contacts of Governor Bush and/or his staff with the TFSC and/or May on behalf of Waltrip and/or SCI; and political campaign contributions made by or on behalf of the SCI PAC, Waltrip and SCI, and related issues.

Edmonds, Curtis

Office of the Governor

Capitol Building

Austin, Texas 78701

512/463-2000

Mr. Edmonds is on the staff of Governor Bush and may have knowledge concerning: the complaints to, and/or communications and contacts with him and/or others in the Governor's office by SCI concerning May and the TFSC; complaints to, and/or communications and contacts with him and/or others in the Governor's office by Waltrip concerning May and the TFSC; the actions and conduct of the TFSC, the Governor and/or his staff in response to such complaints, communications and contacts; the investigation by the TFSC concerning SCI and related events; communications or contacts by May and other TFSC representatives with him and/or others in the Governor's office; the actions of Waltrip, SCI, and its agents and employees concerning the TFSC and May, including Waltrip's and/or SCI's investigation of and campaign against May; his own contacts, and the contacts of others in the Governor's office with the TFSC and/or May on behalf of Waltrip and/or SCI; and political campaign contributions received from or on behalf of the SCI PAC, Waltrip and SCI, and related issues.

Edwards, Linda

Office of the Governor

Capitol Building

Austin, Texas 78701

512/463-2000

Ms. Edwards is spokeswoman for Governor Bush and may have knowledge concerning: the complaints to, and/or communications and contacts with her and/or others in the Governor's office by SCI concerning May and the TFSC; complaints to, and/or communications and contacts with her and/or others in the Governor's office by Waltrip concerning May and the TFSC; the actions and conduct of the TFSC, the Governor and/or his staff in response to such complaints, communications and contacts; the investigation by the TFSC concerning SCI and related events; communications or contacts by May and other TFSC representatives with her and/or others in the Governor's office; the actions of Waltrip, SCI, and its agents and employees concerning the TFSC and May, including Waltrip's and/or SCI's investigation of and campaign against May; her own contacts, and the contacts of others in the Governor's office with the TFSC and/or May on behalf of Waltrip and/or SCI; and political campaign contributions received from or on behalf of the SCI PAC, Waltrip and SCI, and related issues.

Ellis, Rodney Senator

P.O. Box 12068

Capitol Station

Austin, Texas 78711

512/463-0113

Senator Ellis may have knowledge concerning: May’s reports of illegal conduct, and related issues.

Ervin, Clark Kent

Deputy Attorney General

209 West 14th Street

Price Daniel, Sr. Building, 8th Floor

Austin, Texas 78701

512/463-2100

Mr. Ervin is a Deputy Attorney General and may have been involved in improper activities that reportedly occurred in connection with the issuance of Opinion No. JC-0059 of June 2, 1999. Further, Mr. Ervin may have knowledge concerning: contacts with him or others on the Attorney General's staff by or on behalf of SCI and/or Waltrip regarding the investigation by the TFSC concerning SCI; complaints, communications and contacts by or on behalf of Waltrip and/or SCI associated with that investigation and related events.

Finkelstein, Jack

address unknown

telephone unknown

Mr. Finkelstein is an SCI board member who may have knowledge concerning: the TFSC investigation of SCI and related events; political contributions made by SCI, and/or the SCI PAC; and the relationship of SCI and/or Waltrip with Governor Bush.

Fitzwater, Martha ("Marty")

114 Brandon Drive West

San Antonio, Texas 78209

telephone unknown

Ms. Fitzwater is a former Commissioner of the TFSC, and may have knowledge concerning: the operations and performance of the TFSC; and SCI and its position in the funeral industry; and May's performance as Executive Director during her tenure at the TFSC, and related issues.

Fonzo, G.

Rhoton Funeral Home

1511 South Stemmons Freeway

Carrollton, Texas 75006

Mr. Fonzo is an employee of an SCI affiliated funeral home and may have knowledge concerning: the investigation by the TFSC concerning SCI and related events and the operations and business practices of SCI and SCI affiliates.

Ford, Rodney

Ted Dickey Funeral Home

2128 18^th Street

Plano, Texas 75074

Mr. Ford is or was a provisional licensee of or through an SCI affiliate and may have knowledge concerning: his own conduct and that of SCI and its affiliate(s) concerning his provisional licensee status; and the TFSC investigation of SCI and related events.

Foyt, A.J. Jr.

address unknown

telephone unknown

Mr. Foyt is an SCI board member who may have knowledge concerning: the TFSC investigation of SCI and related events; political contributions made by SCI, and/or the SCI PAC; and the relationship of SCI and/or Waltrip with Governor Bush.

Funk, Donna

Texas Funeral Service Commission

510 South Congress Avenue, Suite 206

Austin, Texas 78704-1716

512/479-7222

Ms. Funk is or was a TFSC employee and may have knowledge concerning: the operations of the TFSC; the investigation by the TFSC concerning SCI and related events; and May's tenure as Executive Director of the TFSC, and related issues.

Galloway, Michael Senator

Texas State Senate

P.O. Box 12068

Austin, Texas 78711

512/463-0104

Senator Galloway may have knowledge concerning: complaints by and contacts with Waltrip and/or SCI concerning May and the TFSC; his own contacts with the TFSC on behalf of Waltrip and/or SCI; political campaign contribution received from or on behalf of SCI's PAC, Waltrip and/or SCI; and the investigation by the TFSC concerning SCI and related events.

Garcia, J., Jr.

Lamar & Smith Funeral Directors

800 West Jefferson Boulevard

Dallas, Texas 75208

Mr. Garcia is an employee of an SCI affiliated funeral home and may have knowledge concerning: the investigation by the TFSC concerning SCI and related events and the operations and business practices of SCI and SCI affiliates.

Garrison, J. Daniel

Service Corporation International

1929 Allen Parkway

Houston, Texas 77019

713/525-5289

Mr. Garrison is an officer of SCI and the former executive director of the Texas Funeral Director's Association who may have knowledge concerning: the TFSC investigation of SCI and related events; political contributions made by SCI, and/or the SCI PAC; and the relationship of SCI and/or Waltrip with Governor Bush, and related issues.

Gavin, James J. Jr.

address unknown

telephone unknown

Mr. Gavin is an SCI board member who may have knowledge concerning: the TFSC investigation of SCI and related events; political contributions made by SCI, and/or the SCI PAC; and the relationship of SCI and/or Waltrip with Governor Bush.

Garza, Dennis

Dallas, Texas

telephone unknown

Mr. Garza is an acquaintance of May who may have knowledge concerning SCI's investigation of and campaign against May, and related issues.

Gazaille, Robert

address unknown

Mr. Gazaille is or was an employee or representative of an SCI affiliate and may have knowledge concerning: the investigation by the TFSC concerning SCI and related events and the operations and business practices of SCI and SCI affiliates.

Grace, Susanne

SCI Management Corporation

1929 Allen Parkway

Houston, Texas 77219

713/522-5141

Ms. Grace is or was the manager of governmental affairs for SCI Management Corporation and may have knowledge concerning: SCI PAC contributions made to or on behalf of Governor Bush, Texas legislators, and other elected officials, and related issues.

Green, Shirley M.

Office of the Governor

Capitol Building

Austin, Texas 78701

512/463-2000

Ms. Green is Director of Correspondence and Constituent Services to Governor Bush and may have knowledge concerning: the complaints to, and/or communications and contacts with her and/or others in the Governor's office by SCI concerning May and the TFSC; complaints to, and/or communications and contacts with her and/or others in the Governor's office by Waltrip concerning May and the TFSC; the actions and conduct of the TFSC, the Governor and/or his staff in response to such complaints, communications and contacts; the investigation by the TFSC concerning SCI and related events; communications or contacts by May and other TFSC representatives with her and/or others in the Governor's office; the actions of Waltrip, SCI, and its agents and employees concerning the TFSC and May, including Waltrip's and/or SCI's investigation of and campaign against May; her own contacts, and the contacts of others in the Governor's office with the TFSC and/or May on behalf of Waltrip and/or SCI, and related issues.

Greer, James H.

address unknown

telephone unknown

Mr. Greer is an SCI board member who may have knowledge concerning: the TFSC investigation of SCI and related events; political contributions made by SCI, and/or the SCI PAC; and the relationship of SCI and/or Waltrip with Governor Bush.

Grove Hill Funeral Home

3920 Samuel Boulevard

Dallas, Texas 75228

Grove Hill Funeral Home is an SCI affiliate and employees and representatives of the funeral home may have knowledge concerning: the investigation by the TFSC concerning SCI and related events and the operations and business practices of SCI and SCI affiliates.

Hamilton, W. Mark

Service Corporation International

1929 Allen Parkway

Houston, Texas 77019

713/525-5289

Mr. Hamilton is an officer of SCI who may have knowledge concerning: the TFSC investigation of SCI and related events; political contributions made by SCI, and/or the SCI PAC; and the relationship of SCI and/or Waltrip with Governor Bush, and related issues.

Harper, J.

Memorial Funeral Home

307 West Franklin

Waxahachie, Texas 75165

Mr. Harper is an employee of an SCI affiliated funeral home and may have knowledge concerning: the investigation by the TFSC concerning SCI and related events and the operations and business practices of SCI and SCI affiliates.

Harper, J.

Memorial Funeral Home and Cremation Service

1207 South Cherry Lane

White Settlement, Texas 76108

Harper, J., Jr.

Moore & Sons Funeral Home

4216 South Bowen Avenue

Arlington, Texas 76016

Hayes, Joseph A.

SCI Management Corp.

1929 Allen Parkway

Houston, Texas 77019

713/522-5141

Mr. Hayes is in-house counsel for SCI Management Corporation and may have knowledge concerning: the TFSC investigation of SCI and related events; political contributions made by SCI, and/or the SCI PAC; and the relationship of SCI/Waltrip with Governor Bush, and related issues.

Heckler, Jeff

Austin, Texas

telephone unknown

Mr. Heckler is an acquaintance of May who may have knowledge concerning SCI's investigation of and campaign against May, and related issues.

Heiligbrodt, L. William

Service Corporation International

1929 Allen Parkway

Houston, Texas 77019

713/525-5289

Mr. Heiligbrodt a former officer of SCI who may have knowledge concerning: the TFSC investigation of SCI and related events; political contributions made by SCI, and/or the SCI PAC; and the relationship of SCI and/or Waltrip with Governor Bush.

Hines, James R.

Office of the Governor

Capitol Building

Austin, Texas 78701

512/463-2000

Mr. Hines is assistant general counsel to Governor Bush and may have knowledge concerning: the complaints to, and/or communications and contacts with him and/or others in the Governor's office by SCI concerning May and the TFSC; complaints to, and/or communications and contacts with him and/or others in the Governor's office by Waltrip concerning May and the TFSC; the actions and conduct of the TFSC, the Governor and/or his staff in response to such complaints, communications and contacts; the investigation by the TFSC concerning SCI and related events; communications or contacts by May and other TFSC representatives with him and/or others in the Governor's office; the actions of Waltrip, SCI, and its agents and employees concerning the TFSC and May, including Waltrip's and/or SCI's investigation of and campaign against May; his own contacts, and the contacts of others in the Governor's office with the TFSC and/or May on behalf of Waltrip and/or SCI; and political campaign contributions received from or on behalf of the SCI PAC, Waltrip and SCI, and related issues.

Honeycutt, William G.

address unknown

telephone unknown

Mr. Honeycutt is or was affiliated with SCI and may have knowledge concerning: the TFSC investigation of SCI; his embalming operations, the business operations and practices of SCI and SCI affiliates and related issues.

Hughes, Kenneth J.

620 McLain Road

Nacogdoches, Texas 75964

409/560-6992

Mr. Hughes is a TFSC Commissioner and may have knowledge concerning: the TFSC investigation of SCI and related events; violations of law reported by May; May's performance as Executive Director during her tenure at the TFSC; and related issues.

Hupp, Bruce

Representative Dale Tillery’s Office

Texas State House of Representatives

Capitol Building

Austin, Texas 78701

512/463-0548

Mr. Hupp is a member of Representative Tillery’s staff and may have knowledge concerning: May’s reports of illegal conduct, the complaints to, and/or communications and contacts with Governor Bush and/or others in the Governor's office by SCI concerning May and the TFSC; the investigation by the TFSC concerning SCI and related events; communications or contacts by May and other TFSC representatives with Governor Bush and/or others in the Governor's office; the actions of Waltrip, SCI, and its agents and employees concerning the TFSC and May, including Waltrip's and/or SCI's campaign against May; the contacts between the Governor's office and the TFSC and/or May; and related issues.

Hunter, B.D.

address unknown

telephone unknown

Mr. Hunter is an SCI board member who may have knowledge concerning: the TFSC investigation of SCI and related events; political contributions made by SCI, and/or the SCI PAC; and the relationship of SCI and/or Waltrip with Governor Bush.

Hunter, James

address unknown

telephone unknown

Mr. Hunter is a former Commissioner (chairman) of the TFSC, and the former CEO of Equity Corporation International (ECI) and may have knowledge concerning: the operations and performance of the TFSC; SCI and its position in the funeral industry; and the history of the TFSC's rules and/or regulations regarding prep room exemptions.

Janek, Kyle Representative

Texas House of Representatives

P.O. Box 2910

Austin, Texas 78768-2910

512/463-0748

Representative Janek may have knowledge concerning: complaints by and contacts with Waltrip and/or SCI concerning May and the TFSC; his own contacts with the TFSC on behalf of Waltrip and/or SCI; political campaign contribution received from or on behalf of SCI's PAC, Waltrip and SCI; and the investigation by the TFSC concerning SCI and related events.

Jefferson, Sedora

Office of the Attorney General

Price Daniel, Sr. Building

209 West 14th

Austin, Texas

512/463-2191

Ms. Jefferson is an attorney in the office of the Attorney General of the State of Texas and may have knowledge concerning: legal advice that she gave to May and/or to TFSC; violations of the law reported by May; the TFSC investigation of SCI and related events.

Johnson, Clay

1100 San Jacinto

Office of the Governor

Austin, Texas 78701

512/463-2000

Mr. Johnson is Chief of Staff for Governor Bush and may have knowledge concerning: the complaints to, and/or communications and contacts with him and/or others in the Governor's office by SCI concerning May and the TFSC; complaints to, and/or communications and contacts with him and/or others in the Governor's office by Waltrip concerning May and the TFSC; the actions and conduct of the TFSC, the Governor and/or his staff in response to such complaints, communications and contacts; the investigation by the TFSC concerning SCI and related events; communications or contacts by May and other TFSC representatives with him and/or others in the Governor's office; the actions of Waltrip, SCI, and its agents and employees concerning the TFSC and May, including Waltrip's and/or SCI's investigation of and campaign against May; his own contacts, and the contacts of others in the Governor's office with the TFSC and/or May on behalf of Waltrip and/or SCI; and political campaign contributions received from or on behalf of the SCI PAC, Waltrip and SCI, and related issues.

Karpf, Rev. Ted

6413 Ridgemont Drive

Dallas, Texas 75214

telephone unknown

Rev. Karpf is a former Commissioner of the TFSC, and may have knowledge concerning: the operations and performance of the TFSC; and SCI and its position in the funeral industry.

Keegan, Patricia G.

Eagle Air Conditioning & Heating

127 Woodcreek Drive

Rockwall, Texas 75087

972/771-8350

Ms. Keegan is a TFSC Commissioner and may have knowledge concerning: the TFSC investigation of SCI and related events; violations of law reported by May; May's performance as Executive Director during her tenure at the TFSC; and related issues.

Kimball, Joshua

Apt. 412

9702 West Ferris Branch Boulevard

Dallas, Texas 75243

Mr. Kimball is or was a provisional licensee of or through an SCI affiliate and may have knowledge concerning: his own conduct and that of SCI and its affiliate concerning his provisional licensee status; the TFSC investigation of SCI and related events; the death threat that he made to May, and related issues.

King, Dr. John Q. Taylor

2400 Givens Avenue

Austin, Texas 78722

512/476-9128

Dr. King is a TFSC Commissioner and may have knowledge concerning: the TFSC investigation of SCI and related events; violations of law reported by May; May's performance as Executive Director during her tenure at the TFSC; and related issues.

Kirk, Philip M.

Office of the State Auditor

Two Commodore Plaza

206 East 9th Street, Suite 1900

Austin, Texas 78701

512/479-4700

Mr. Kirk is a project director with the Office of State Auditor who has knowledge of the audits of the TFSC and related issues.

Kirkpatrick, Lowell A. Jr.

Service Corporation International

1929 Allen Parkway

Houston, Texas 77019

713/525-5289

Mr. Kirkpatrick is an officer of SCI who may have knowledge concerning: the TFSC investigation of SCI and related events; political contributions made by SCI, and/or the SCI PAC; and the relationship of SCI and/or Waltrip with Governor Bush, and related issues.

Kiser, Roy

1306 Zephyr Street

Plainview, Texas 79072

806/293-3912

Mr. Kiser is a TFSC Commissioner and may have knowledge concerning: the TFSC investigation of SCI and related events; violations of law reported by May; May's performance as Executive Director during her tenure at the TFSC; and related issues.

Kurth, Scott

510 Kenya

Cedar Hill, Texas 75104

telephone unknown

Mr. Kurth is a former Commissioner of the TFSC, and may have knowledge concerning: the operations and performance of the TFSC; and SCI and its position in the funeral industry.

Kurtz, J.

Sparkman Funeral Directors

1029 South Greenville Avenue

Richardson, Texas 75081

Mr. Kurtz is an employee of an SCI affiliate and may have knowledge concerning: the investigation by the TFSC concerning SCI and related events and the operations and business practices of SCI and SCI affiliates.

Lamar & Smith Funeral Directors

800 West Jefferson Boulevard

Dallas, Texas 75208

Lamar & Smith Funeral Directors is an SCI affiliate and employees and representatives of the funeral home may have knowledge concerning: the investigation by the TFSC concerning SCI and related events and the operations and business practices of SCI and SCI affiliates.

Lamar, Windy

SCI Management Corporation

1929 Allen Parkway

Houston, Texas 77219

713/522-5141

Ms. Lamar is or was the government affairs administrator for SCI Management Corporation and may have knowledge concerning: SCI PAC contributions made to or on behalf of Governor Bush, Texas legislators, and other elected officials, and related issues.

Laney, James E. ("Pete") Representative

Texas House of Representatives

Capitol Building

Austin, Texas 78701

512/463-3000

Representative Laney may have knowledge concerning: various violations of law reported by May during her tenure as Executive Director of the TFSC and related issues.

Larson (Piske), Erica

address unknown

telephone unknown

Ms. Larsen (Piske) is an employee of SCI who may have knowledge of the investigation of SCI facilities by the TFSC and related issues and who has knowledge of the licensing procedures used by the TFSC, and related issues.

Lewis, Cindy

Lucus Funeral Home

1321 Precinct Lane

Hurst, Texas 76053

telephone unknown

Ms. Lewis is an employee of SCI affiliated funeral home(s) and may have knowledge concerning: the investigation by the TFSC concerning SCI and related events, as well as the operations and business practices of SCI and SCI affiliates.

Lucio, Eddie Senator

Texas State Senate

Capitol Building

Austin, Texas 78701

512/463-0127

Senator Lucio may have knowledge concerning: various violations of law reported by May during her tenure as Executive Director of the TFSC and related issues.

Lucas Funeral Home

1321 Precinct Line Road

Hurst, Texas 76053

Lucas Funeral Home is an SCI affiliate and employees and representatives of the funeral home may have knowledge concerning: the investigation by the TFSC concerning SCI and related events and the operations and business practices of SCI and SCI affiliates.

Lucas Funeral Home

2000 West College Street

Hurst, Texas 76053

Lucas Funeral Home

517 North Sylvania Avenue

Hurst, Texas 76053

Lynch, Nancy

State Office of Administrative Hearings

Suite 502

300 West 15th Street

Austin, Texas 78701

512/475-4993

Ms. Lynch is or was with the State Office of Administrative Hearings and may have knowledge concerning: various violations of law reported to her by May; the TFSC investigation of SCI; mediation proposals and matters submitted to mediation, and related issues.

McCauley, Dan

address unknown

telephone unknown

Mr. McCauley is or was affiliated with SCI and may have knowledge concerning: the TFSC investigation of SCI; his embalming operations, and related issues.

McGee, Wanda A.

address unknown

telephone unknown

Ms. McGee is an SCI board member who may have knowledge concerning: the TFSC investigation of SCI and related events; political contributions made by SCI, and/or the SCI PAC; and the relationship of SCI and/or Waltrip with Governor Bush, and related issues.

McMillen, Glenn G.

Service Corporation International

1929 Allen Parkway

Houston, Texas 77019

713/525-5289

Mr. McMillen is an officer of SCI who may have knowledge concerning: the TFSC investigation of SCI and related events; political contributions made by SCI, and/or the SCI PAC; and the relationship of SCI and/or Waltrip with Governor Bush.

McNeil, Charles R. "Dick"

Greenwood Mount Olivet Co.

3100 Settlement Road

Fort Worth, Texas 76107

817/386-0584

Mr. McNeil is the Chairman of the TFSC Commission and may have knowledge concerning: the TFSC investigation of SCI and related events; violations of law reported by May; May's performance as Executive Director during her tenure at the TFSC; contacts with Defendants Waltrip and SCI; contacts with Governor Bush and persons in his office; and related issues.

Mack, Stephen M.

Service Corporation International

1929 Allen Parkway

Houston, Texas 77019

713/525-5289

Mr. Mack is an officer of SCI who may have knowledge concerning: the TFSC investigation of SCI and related events; political contributions made by SCI, and/or the SCI PAC; and the relationship of SCI and/or Waltrip with Governor Bush, and related issues.

Madeira, Robert

Service Corporation International

1929 Allen Parkway

Houston, Texas 77019

713/525-5289

Mr. Madeira is an employee of SCI and may have knowledge concerning: the TFSC investigation of SCI and related events; and the SCI investigation of and campaign against May; and related issues.

Mangham, Eddie D.

Sparkman-Crane Funeral Home

10501 Garland Road

Dallas, Texas

telephone unknown

Mr. Magnum is the Area Vice President with the Dallas Area for SCI and may have knowledge concerning: the investigation by the TFSC concerning SCI and related events.

Manning, Clemmie

10721 Big Thicket Drive

Dallas, Texas 75217

Mr. Manning is or was a provisional licensee of or through an SCI affiliate and may have knowledge concerning: his own conduct and that of SCI and its affiliate(s) concerning his provisional licensee status; and the TFSC investigation of SCI and related events.

Marchant, Ken Representative

Texas House of Representatives

Capitol Building

Austin, Texas 78701

512/463-0463

Representative Marchant may have knowledge concerning: complaints by and contacts with Waltrip and/or SCI concerning May and the TFSC; his own contacts with the TFSC on behalf of Waltrip and/or SCI; political campaign contribution received from or on behalf of SCI's PAC, Waltrip and SCI; and the investigation by the TFSC concerning SCI and related events.

Matherne, Todd A.

Service Corporation International

1929 Allen Parkway

Houston, Texas 77019

713/525-5289

Mr. Matherne is an officer of SCI who may have knowledge concerning: the TFSC investigation of SCI and related events; political contributions made by SCI, and/or the SCI PAC; and the relationship of SCI and/or Waltrip with Governor Bush, and related issues.

May, Eliza

1605 Sylvan Glade

Austin, Texas 78745

512/445-4649

May is the plaintiff in this lawsuit and has knowledge of the fact issues raised in her petition in this suit.

Mayberry, Warren

House Committee on Appropriations

Texas State Capitol

Austin, Texas 78701

Mr. Mayberry is on the House Committee on Appropriations and may have knowledge concerning: May’s reports of illegal conduct, and related issues.

Mecom, John W. Jr.

address unknown

telephone unknown

Mr. Mecom is an SCI board member who may have knowledge concerning: the TFSC investigation of SCI and related events; political contributions made by SCI, and/or the SCI PAC; and the relationship of SCI and/or Waltrip with Governor Bush, and related issues.

Memorial Funeral Home

307 West Franklin

Waxahachie, Texas 75165

Memorial Funeral Home is an SCI affiliate and employees and representatives of the funeral home may have knowledge concerning: the investigation by the TFSC concerning SCI and related events and the operations and business practices of SCI and SCI affiliates.

Memorial Funeral Home and Cremation Service

1207 South Cherry Lane

White Settlement, Texas 76108

Memorial Funeral Home and Cremation Service is an SCI affiliate and employees and representatives of the funeral home may have knowledge concerning: the investigation by the TFSC concerning SCI and related events and the operations and business practices of SCI and SCI affiliates.

Metcalf, Leo T. III

SCI Management Corporation

1712 North Frazier, #117

Conroe, Texas 77301

409/756-3311

Mr. Metcalf is an employee of SCI Management Corporation and a current Commissioner of the TFSC and may have knowledge concerning: the TFSC investigation of SCI and related events; violations of law reported by May; May's performance as Executive Director during her tenure at the TFSC; the complaints to, and/or communications and contacts with, Governor Bush, and/or his staff by SCI concerning May and the TFSC; the actions and conduct of the TFSC, the Governor and/or his staff in response to such complaints, communications and contacts; communications or contacts by May and other TFSC representatives with Governor Bush and/or his staff; the actions of Waltrip, SCI, and its agents and employees concerning the TFSC and May, including Waltrip's and/or SCI's campaign against May; the contacts of Governor Bush and/or his staff with the TFSC and/or May on behalf of Waltrip and/or SCI; and political campaign contributions made by or on behalf of the SCI PAC, Waltrip and SCI, and related issues.

Miller, B.J.

Texas Funeral Service Commission

510 South Congress Avenue, Suite 206

Austin, Texas 78704-1716

512/479-7222

Mr. Miller is or was a TFSC employee and may have knowledge concerning: the operations of the TFSC; the investigation by the TFSC concerning SCI and related events; and May's tenure as Executive Director of the TFSC, and related issues.

Miller, William J. ("Bill")

Suite 900

823 Congress Avenue

Austin, Texas 78701

512/480-8961

Mr. Miller is a spokesperson and/or lobbyist for SCI and may have knowledge concerning: the TFSC investigation of SCI and related events; political contributions made by SCI, Waltrip, and/or the SCI PAC; SCI's investigation of and campaign against May; contacts by or on behalf of Defendants Waltrip and/or SCI with Governor Bush or persons in his office; the termination of May's employment by the TFSC; and related issues.

Monreal, Earl

Texas Funeral Service Commission

510 South Congress Avenue, Suite 206

Austin, Texas 78704-1716

512/479-7222

Mr. Monreal is or was a TFSC employee and may have knowledge concerning: the operations of the TFSC; the investigation by the TFSC concerning SCI and related events; and May's tenure as Executive Director of the TFSC, and related issues.

Moore Funeral Home

1219 North Davis Drive

Arlington, Texas 76012

Moore Funeral Home is an SCI affiliate and employees and representatives of the funeral home may have knowledge concerning: the investigation by the TFSC concerning SCI and related events and the operations and business practices of SCI and SCI affiliates.

Moore & Sons Funeral Home

4216 South Bowen Road

Arlington, Texas 76016

Moore & Sons Funeral Home is an SCI affiliate and employees and representatives of the funeral home may have knowledge concerning: the investigation by the TFSC concerning SCI and related events and the operations and business practices of SCI and SCI affiliates.

Morris, Clifton H. Jr

address unknown

telephone unknown

Mr. Morris an SCI board member who may have knowledge concerning: the TFSC investigation of SCI and related events; political contributions made by SCI, and/or the SCI PAC; and the relationship of SCI and/or Waltrip with Governor Bush, and related issues.

Morrow, John W. Jr.

Service Corporation International

1929 Allen Parkway

Houston, Texas 77019

713/525-5289

Mr. Morrow is an officer of SCI who may have knowledge concerning: the TFSC investigation of SCI and related events; political contributions made by SCI, and/or the SCI PAC; and the relationship of SCI and/or Waltrip with Governor Bush, and related issues.

Nelly, Henry M. III

Service Corporation International

1929 Allen Parkway

Houston, Texas 77019

713/525-5289

Mr. Nelly is an officer of SCI who may have knowledge concerning: the TFSC investigation of SCI and related events; political contributions made by SCI, and/or the SCI PAC; and the relationship of SCI and/or Waltrip with Governor Bush, and related issues.

Nelson, H. Lee

Shannon Rufe Snow Drive Funeral Chapel

6001 Rufe Snow Drive

Ft. Worth, Texas 76148

Mr. Nelson is an employee of an SCI affiliated funeral home and may have knowledge concerning: the investigation by the TFSC concerning SCI and related events and the operations and business practices of SCI and SCI affiliates.

Nelson, Jane Senator

Texas State Senate

Capitol Building

Austin, Texas 78701

512/463-0109

Senator Nelson may have knowledge concerning: various violations of law reported by May during her tenure as Executive Director of the TFSC and related issues.

Nelson, Shera L.

1221 East Division Street

Arlington, Texas 76011

Ms. Nelson is or was a provisional licensee of or through an SCI affiliate and may have knowledge concerning: his own conduct and that of SCI and its affiliate(s) concerning his provisional licensee status; and the TFSC investigation of SCI and related events.

Ooton, Doyle R.

Professional Morticians of Ft. Worth-Dallas

Fort Worth, Texas

telephone unknown

Mr. Ooton is an independent embalmer and may have knowledge concerning: the operations of SCI related entities and SCI and its position in the funeral industry, and related issues.

Parsons, Percy

107 West Bedford

Dimmitt, Texas 79027

telephone unknown

Mr. Parsons is a former Commissioner of the TFSC, and may have knowledge concerning: the operations and performance of the TFSC; and SCI and its position in the funeral industry.

Perez, Shannon

Representative Dale Tillery’s Office

Texas House of Representatives

Capitol Building

Austin, Texas 78701

512/463-0548

Ms. Perez is a member of Representative Tillery’s staff and may have knowledge concerning: May’s reports of illegal conduct, the complaints to, and/or communications and contacts with Governor Bush and/or others in the Governor's office by SCI concerning May and the TFSC; the investigation by the TFSC concerning SCI and related events; communications or contacts by May and other TFSC representatives with Governor Bush and/or others in the Governor's office; the actions of Waltrip, SCI, and its agents and employees concerning the TFSC and May, including Waltrip's and/or SCI's campaign against May; the contacts between the Governor's office and the TFSC and/or May; and related issues.

Pond, Paul G.

P.O. Box 3065

Port Aurthur, Texas 77643

telephone unknown

Mr. Pond is a former Commissioner of the TFSC, and may have knowledge concerning: the operations and performance of the TFSC; and SCI and its position in the funeral industry.

Potter, Amber

address unknown

telephone unknown

Ms. Potter is or was a TFSC employee and may have knowledge concerning: the operations of the TFSC; the investigation by the TFSC concerning SCI and related events; and May's tenure as Executive Director of the TFSC, and related issues.

Pullins, Jerald L.

Service Corporation International

1929 Allen Parkway

Houston, Texas 77019

713/525-5289

Mr. Pullins is an officer of SCI who may have knowledge concerning: the TFSC investigation of SCI and related events; political contributions made by SCI, and/or the SCI PAC; and the relationship of SCI and/or Waltrip with Governor Bush, and related issues.

Quamey, ___________

Senator Royce West’s Office

Texas Senate

Capitol Building

Austin, Texas 78701

512/463-0123

Mr. or Ms. Quamey is a member of Senator West’s staff and may have knowledge concerning: May’s reports of illegal conduct, the complaints to, and/or communications and contacts with Governor Bush and/or others in the Governor's office by SCI concerning May and the TFSC; the investigation by the TFSC concerning SCI and related events; communications or contacts by May and other TFSC representatives with Governor Bush and/or others in the Governor's office; the actions of Waltrip, SCI, and its agents and employees concerning the TFSC and May, including Waltrip's and/or SCI's campaign against May; the contacts between the Governor's office and the TFSC and/or May; and related issues.

Quinlan, Quincy

Texas Association of Counties

1204 San Antonio

Austin, Texas 78701

512/478-8753

Mr. Quinlan was an attorney in the office of the Attorney General of the State of Texas and may have knowledge concerning: legal advice that he gave to May and/or to the TFSC; violations of the law reported by May; the TFSC investigation of SCI and related events.

Reat, Daniel J.

SCI Management Corp.

Legal Department

1929 Allen Parkway

Houston, Texas 77219

713/522-5141

Mr. Reat is in-house counsel for SCI Management Corporation and may have knowledge concerning: the TFSC investigation of SCI and related events; political contributions made by SCI, and/or the SCI PAC; and the relationship of SCI/Waltrip with Governor Bush; complaints to, and/or communications and contacts with the Governor and/or his staff by SCI and/or Waltrip concerning May and the TFSC; the actions and conduct of the TFSC, the Governor and/or his staff in response to such complaints, communications and contacts; the actions of Waltrip, SCI, and its agents and employees concerning the TFSC and May, including Waltrip's and/or SCI's investigation of and campaign against May; his own contacts, and the contacts with the Governor's office regarding the TFSC and/or May on behalf of Waltrip and/or SCI; contacts by him and/or others on behalf of Waltrip and/or SCI with the Attorney General or others on the Attorney General's staff regarding the investigation by the TFSC concerning SCI; actions taken regarding such complaints, communications and contacts by or on behalf of Waltrip and/or SCI associated with that investigation, the issuance of Attorney General Opinion JC-0059, dated June 2, 1999, and related events.

Redman, Patrick

Senator John Whitmire’s Office

Texas State Senate

Capitol Building

Austin, Texas 78701

512/463-0115

Mr. Redman is believed to be a staff member for Senator Whitmire and may have knowledge concerning: complaints by and contacts with Waltrip and/or SCI concerning May and the TFSC; his own contacts with the TFSC on behalf of Waltrip and/or SCI; political campaign contribution received from or on behalf of SCI's PAC, Waltrip and SCI; and the investigation by the TFSC concerning SCI and related events; contacts by him or on his behalf with Governor Bush and/or members of Governor Bush's staff concerning the TFSC and/or May, and related issues; contacts by him or on his behalf with the Attorney General or the staff of the Attorney General regarding the TFSC investigation of SCI and related events and the issuance of Attorney General Opinion JC-0059 dated June 2, 1999, and related issues.

Reed, Arlene

Texas Funeral Service Commission

510 South Congress Avenue, Suite 206

Austin, Texas 78704-1716

512/479-7222

Ms. Reed is or was a TFSC employee and may have knowledge concerning: the operations of the TFSC; the investigation by the TFSC concerning SCI and related events; and May's tenure as Executive Director of the TFSC, and related issues.

Reed, Cole

P.O. Box 1763

Cedar Park, Texas 78613

512/258-6780

Mr. Reed is or was a TFSC employee and may have knowledge concerning: the operations of the TFSC; the investigation by the TFSC concerning SCI and related events; and May's tenure as Executive Director of the TFSC, and related issues.

Rhoton Funeral Home

1511 South Stemmons Freeway

Carrollton, Texas 75006

Rhoton Funeral Home is an SCI affiliate and employees and representatives of the funeral home may have knowledge concerning: the investigation by the TFSC concerning SCI and related events and the operations and business practices of SCI and SCI affiliates.

Rhymes, Martha "Marty"

2105 East Old Highway 80

White Oak, Texas 75693

903/759-9055

Ms. Rhymes is a TFSC Commissioner and may have knowledge concerning: the TFSC investigation of SCI and related events; violations of law reported by May; May's performance as Executive Director during her tenure at the TFSC; and related issues.

Rice, B.

Sparkman-Hillcrest Funeral Home

7405 West Northwest Highway

Dallas, Texas 75225

Mr. Rice is an employee of an SCI affiliated funeral home and may have knowledge concerning: the investigation by the TFSC concerning SCI and related events and the operations and business practices of SCI and SCI affiliates.

Richards, C. David III

Texas Funeral Service Commission

510 South Congress Avenue, Suite 206

Austin, Texas 78704-1716

512/479-7222

Mr. Richards is or was acting Executive Director and general counsel for the TFSC and may have knowledge concerning: the TFSC investigation of SCI and related issues; the termination of May and related issues; contacts, complaints, or communications by or on behalf of Waltrip and/or SCI with the Governor or staff members, contacts, complaints, or communication with the Attorney General or staff of the Attorney General and actions taken as a result of such contacts, complaints, or communications, and related issues.

Robinson, Elizabeth

Chair of the Attorney General Opinion Committee

209 West 14th Street

Price Daniel, Sr. Building, 6th Floor

Austin, Texas 78701

512/463-2100

Ms. Robinson is the Chair of the Attorney General Opinion Committee and may have been involved in improper activities that reportedly occurred in connection with the issuance of Opinion No. JC-0059 of June 2, 1999, and related issues.

Rogers, Johnnie B.

Attorney at Law

11003 Onion Creek Court

Austin, Texas 78747

512/282-5518

Mr. Rogers is an agent of SCI and may have knowledge concerning: the TFSC investigation of SCI and related events; political contributions made by SCI, Waltrip, and/or the SCI PAC; contacts by or on behalf of SCI and/or Waltrip with Governor Bush and/or members of his staff; the SCI investigation of and campaign against May; and related issues; contacts by or on behalf of Waltrip and/or SCI with the Attorney General or staff of the Attorney General, and related issues.

Rogers, Johnnie B. Jr.

Bicameral Consultants, Inc.

11003 Onion Creek Court

Austin, Texas 78747

512/383-3402

Mr. Rogers is a lobbyist for SCI and may have knowledge concerning: the TFSC investigation of SCI events; political contributions by SCI, Waltrip and/or the SCI PAC; contacts by or on behalf of SCI and/or Waltrip with Governor Bush and/or members of his staff; the SCI investigation of and campaign against May, and related issues.

SCI Management Corporation

1929 Allen Parkway

Houston, Texas 77019

713/522-5141

SCI Management Corporation is a defendant in this lawsuit, and its employees and representatives may have knowledge concerning: the TFSC investigation of SCI and related events; political contributions made to candidates and office holders in Texas by SCI, Waltrip and/or the SCI PAC; SCI's investigation of and campaign against May; and related issues.

Salinas, Norberto

2114 Colorado

Mission, Texas 78572

telephone unknown

Mr. Salinas is a former Commissioner of the TFSC, and may have knowledge concerning: the operations and performance of the TFSC; May's performance as Executive Director of the TFSC; and SCI and its position in the funeral industry.

Sanders, Jim

Lucus Funeral Home

1321 Precinct Lane

Hurst, Texas 76053

telephone unknown

Mr. Sanders is a funeral director at of Lucas Funeral Home and may have knowledge concerning: the investigation by the TFSC concerning SCI and related events.

Sandusky, Kathy

Texas Funeral Service Commission

510 South Congress Avenue, Suite 206

Austin, Texas 78704-1716

512/479-7222

Ms. Sandusky is or was a TFSC employee and may have knowledge concerning: the operations of the TFSC; the investigation by the TFSC concerning SCI and related events; and May's tenure as Executive Director of the TFSC, and related issues.

Schoettmer, Stephen C.

Thompson & Knight

1700 Pacific Avenue

Suite 3300

Dallas, Texas 75201

214/969-1700

Mr. Schoettmer is a lawyer for SCI who may have knowledge concerning: the investigation by the TFSC concerning SCI and related events; complaints to, and/or communications and contacts with the Governor and/or his staff by SCI and/or Waltrip concerning May and the TFSC; the actions and conduct of the TFSC, the Governor and/or his staff in response to such complaints, communications and contacts; the actions of Waltrip, SCI, and its agents and employees concerning the TFSC and May, including Waltrip's and/or SCI's investigation of and campaign against May; his own contacts, and the contacts with the Governor's office regarding the TFSC and/or May on behalf of Waltrip and/or SCI, and related issues.

Schrader, Jeffrey L.

15514 Cloud Top

San Antonio, Texas 78248

210/493-1859

Mr. Schrader is former general counsel of the TFSC, and may have knowledge concerning: the TFSC investigation of SCI and related events; May's employment by the TFSC; contacts with Governor Bush and/or members of his staff; violations of the law reported by May; and related issues.

Sells, Richard T.

Service Corporation International

1929 Allen Parkway

Houston, Texas 77019

713/525-5289

Mr. Sells is an officer of SCI who may have knowledge concerning: the TFSC investigation of SCI and related events; political contributions made by SCI, and/or the SCI PAC; and the relationship of SCI and/or Waltrip with Governor Bush, and related issues.

Service Corporation International

1929 Allen Parkway

Houston, Texas 77019

713/522-5141

Service Corporation International is a defendant in this lawsuit and is the world's largest undertaking service, and its employees and representatives may have knowledge concerning: the TFSC investigation of SCI and related events; political contributions made to candidates and office holders in Texas by SCI, Waltrip, and/or the SCI PAC; SCI's and Waltrip's investigation of and campaign against May; and related issues.

Service Corporation International Political Action Committee

1929 Allen Parkway

Houston, Texas 77019

Service Corporation International Political Action Committee is a political action committee affiliated with Defendants Waltrip and SCI, and its employees and/or representatives may have knowledge concerning: the TFSC investigation of SCI and related events; political contributions made to candidates and office holders in Texas by SCI, SCI PAC and/or Waltrip, and related issues.

Shannon, C.

Shannon North Funeral Chapel

111 West Northside Drive

Ft. Worth, Texas 76164

Mr. Shannon is an employee of an SCI affiliate and may have knowledge concerning: the investigation by the TFSC concerning SCI and related events and the operations and business practices of SCI and SCI affiliates.

Shannon, C.

Shannon TCU Funeral Chapel

3015 Merida

Ft. Worth, Texas 76164

Shannon, M.

Shannon Rose Funeral Chapel

7301 East Lancaster Avenue

Ft. Worth, Texas 76112

Mr. Shannon is an employee of an SCI affiliated funeral home and may have knowledge concerning: the investigation by the TFSC concerning SCI and related events and the operations and business practices of SCI and SCI affiliates.

Shannon North Funeral Chapel

111 West Northside Drive

Ft. Worth, Texas 76164

Shannon North Funeral Chapel is an SCI affiliate and employees and representatives of the funeral home may have knowledge concerning: the investigation by the TFSC concerning SCI and related events and the operations and business practices of SCI and SCI affiliates.

Shannon Rose Hill Funeral Chapel

7301 East Lancaster Avenue

Ft. Worth, Texas 76112

Shannon Rose Hill Funeral Chapel is an SCI affiliate and employees and representatives of the funeral home may have knowledge concerning: the investigation by the TFSC concerning SCI and related events and the operations and business practices of SCI and SCI affiliates.

Shannon Rufe Snow Drive Funeral Chapel

6001 Rufe Snow Drive

Ft. Worth, Texas 76148

Shannon Rufe Snow Drive Funeral Chapel is an SCI affiliate and employees and representatives of the funeral home may have knowledge concerning: the investigation by the TFSC concerning SCI and related events and the operations and business practices of SCI and SCI affiliates.

Shannon TCU Funeral Chapel

3015 Merida

Ft. Worth, Texas 76164

Shannon TCU Funeral Chapel is an SCI affiliate and employees and representatives of the funeral home may have knowledge concerning: the investigation by the TFSC concerning SCI and related events and the operations and business practices of SCI and SCI affiliates.

Shelger, James M.

Service Corporation International

1929 Allen Parkway

Houston, Texas 77019

713/525-5289

Mr. Shelger is an officer of SCI who may have knowledge concerning: the TFSC investigation of SCI and related events; political contributions made by SCI, and/or the SCI PAC; and the relationship of SCI and/or Waltrip with Governor Bush, and related issues.

Shive, J.

Moore Funeral Home

1219 North Davis Drive

Arlington, Texas 76012

Mr. Shive is an employee of an SCI affiliated funeral home and may have knowledge concerning: the investigation by the TFSC concerning SCI and related events and the operations and business practices of SCI and SCI affiliates.

Sibley, Joyce

Office of the Governor

Capitol Building

Austin, Texas 78701

512/463-2000

Ms. Sibley is on the staff of Governor Bush and may have knowledge concerning: the complaints to, and/or communications and contacts with her and/or others in the Governor's office by SCI concerning May and the TFSC; complaints to, and/or communications and contacts with her and/or others in the Governor's office by Waltrip concerning May and the TFSC; the actions and conduct of the TFSC, the Governor and/or his staff in response to such complaints, communications and contacts; the investigation by the TFSC concerning SCI and related events; communications or contacts by May and other TFSC representatives with her and/or others in the Governor's office; the actions of Waltrip, SCI, and its agents and employees concerning the TFSC and May, including Waltrip's and/or SCI's investigation of and campaign against May; her own contacts, and the contacts of others in the Governor's office with the TFSC and/or May on behalf of Waltrip and/or SCI; and political campaign contributions received from or on behalf of the SCI PAC, Waltrip and SCI, and related issues.

Smith, Jennifer

Texas Funeral Service Commission

510 South Congress Avenue, Suite 206

Austin, Texas 78704-1716

512/479-7222

Ms. Smith is or was a TFSC employee and may have knowledge concerning: the operations of the TFSC; the investigation by the TFSC concerning SCI and related events; and May's tenure as Executive Director of the TFSC, and related issues.

Smith, Terrel

Office of the Governor

Capitol Building

Austin, Texas 78701

512/463-2000

Mr. Smith is a member of the staff of Governor George Bush and may have knowledge concerning: the complaints to, and/or communications and contacts with him and/or others in the Governor's office by SCI concerning May and the TFSC; complaints to, and/or communications and contacts with him and/or others in the Governor's office by Waltrip concerning May and the TFSC; the actions and conduct of the TFSC, the Governor and/or his staff in response to such complaints, communications and contacts; the investigation by the TFSC concerning SCI and related events; communications or contacts by May and other TFSC representatives with him and/or others in the Governor's office; the actions of Waltrip, SCI, and its agents and employees concerning the TFSC and May, including Waltrip's and/or SCI's investigation of and campaign against May; his own contacts, and the contacts of others in the Governor's office with the TFSC and/or May on behalf of Waltrip and/or SCI; and political campaign contributions received from or on behalf of the SCI PAC, Waltrip and SCI, and related issues.

Sowell, Polly

Office of the Governor

Capitol Building

Austin, Texas 78701

512/463-2000

Ms. Sowell is a member of the staff of Governor Bush working in appointments and may have knowledge concerning: the complaints to, and/or communications and contacts with her and/or others in the Governor's office by SCI concerning May and the TFSC; complaints to, and/or communications and contacts with her and/or others in the Governor's office by Waltrip concerning May and the TFSC; the actions and conduct of the TFSC, the Governor and/or his staff in response to such complaints, communications and contacts; the investigation by the TFSC concerning SCI and related events; communications or contacts by May and other TFSC representatives with her and/or others in the Governor's office; the actions of Waltrip, SCI, and its agents and employees concerning the TFSC and May, including Waltrip's and/or SCI's investigation of and campaign against May; her own contacts, and the contacts of others in the Governor's office with the TFSC and/or May on behalf of Waltrip and/or SCI; and political campaign contributions received from or on behalf of the SCI PAC, Waltrip and SCI, and related issues.

Sparkman-Crane Funeral Home

10501 Garland Road

Dallas, Texas 75218

Sparkman-Crane Funeral Home is an SCI affiliate and employees and representatives of the funeral home may have knowledge concerning: the investigation by the TFSC concerning SCI and related events and the operations and business practices of SCI and SCI affiliates.

Sparkman-Dickey Funeral Home

17501 North Dallas Parkway

Dallas, Texas 75307

Sparkman-Dickey Funeral Home is an SCI affiliate and employees and representatives of the funeral home may have knowledge concerning: the investigation by the TFSC concerning SCI and related events and the operations and business practices of SCI and SCI affiliates.

Sparkman Funeral Directors

1029 South Greenville Avenue

Richardson, Texas 75018

Sparkman Funeral Directors is an SCI affiliate and employees and representatives of the funeral home may have knowledge concerning: the investigation by the TFSC concerning SCI and related events and the operations and business practices of SCI and SCI affiliates.

Sparkman-Hillcrest Funeral Home

7405 West Northwest Highway

Dallas, Texas 75225

Sparkman-Hillcrest Funeral Home is an SCI affiliate and employees and representatives of the funeral home may have knowledge concerning: the investigation by the TFSC concerning SCI and related events and the operations and business practices of SCI and SCI affiliates.

Stapleton, D.

Grove Hill Funeral Home

3920 Samuell Boulevard

Dallas, Texas 75228

Mr. Stapleton is an employee of an SCI affiliated funeral home and may have knowledge concerning: the investigation by the TFSC concerning SCI and related events and the operations and business practices of SCI and SCI affiliates.

Starrett, Arvin W.

Fry & Gibbs Funeral Home

730 Clarksville Street

Paris, Texas 75460

903/784-3366

Mr. Starrett is a Texas Funeral Director who may have knowledge concerning: the operation and performance of the TFSC; and SCI and its position in the funeral industry, and related issues.

Stephenson, William T.

10820 Carrisa Drive

Dallas, Texas 75218

telephone unknown

Mr. Stephenson is a former Commissioner of the TFSC, and may have knowledge concerning: the operations and performance of the TFSC; and SCI and its position in the funeral industry.

Stoner, Jack L.

Service Corporation International

1929 Allen Parkway

Houston, Texas 77019

713/525-5289

Mr. Stoner is an officer of SCI who may have knowledge concerning: the TFSC investigation of SCI and related events; political contributions made by SCI, and/or the SCI PAC; and the relationship of SCI and/or Waltrip with Governor Bush, and related issues.

Taft, Donald H.

1395 Gladys

Beaumont, Texas 77701

telephone unknown

Mr. Taft is a former Commissioner of the TFSC, and may have knowledge concerning: the operations and performance of the TFSC; and SCI and its position in the funeral industry.

Taylor, Andy

First Assistant Attorney General

209 West 14th Street

Price Daniel, Sr. Building, 8th Floor

Austin, Texas 78701

512/463-2100

Mr. Taylor is a First Assistant Attorney General and may have knowledge concerning: improper activities that reportedly occurred in connection with the issuance of Opinion No. JC-0059 of June 2, 1999, and related issues.

Ted Dickey Funeral Home

2128 18^th Street

Plano, Texas 75086

Ted Dickey Funeral Home is an SCI affiliate and employees and representatives of the funeral home may have knowledge concerning: the investigation by the TFSC concerning SCI and related events and the operations and business practices of SCI and SCI affiliates.

Texas Funeral Service Commission

510 South Congress Avenue

Suite 206

Austin, Texas 78704-1716

512/479-7222

The Texas Funeral Service Commission is a defendant in this case, and employees and representatives of the TFSC may have knowledge concerning: the TFSC's investigation of SCI and related events; the history and operation of the commission; May's tenure as Executive Director; SCI's and Waltrip's investigation of and campaign against May; and related issues.

Thomae, Henry Sr.

395 South Sam Houston

San Benito, Texas 78586

telephone unknown

Mr. Thomae is a former Commissioner of the TFSC, and may have knowledge concerning: the operations and performance of the TFSC; and SCI and its position in the funeral industry.

Thornton, E.H. Jr.

address unknown

telephone unknown

Mr. Thornton is an SCI board member who may have knowledge concerning: the TFSC investigation of SCI and related events; political contributions made by SCI, and/or the SCI PAC; and the relationship of SCI and/or Waltrip with Governor Bush, and related issues.

Tillery, Dale B., Representative

Texas State House of Representatives

Capitol Building

Austin, Texas 78701

512/463-0548

Representative Tillery may have knowledge concerning: various violations of law reported by May during her tenure as Executive Director of the TFSC and related issues.

Toon, R.

Ted Dickey Funeral Home

2128 18^th Street

Plano, Texas 75086

Underwood, G.

Boze-Mitchell Funeral Home

511 West Main Street

Waxahachie, Texas 75165

Mr. Underwood is an employee of an SCI affiliated funeral home and may have knowledge concerning: the investigation by the TFSC concerning SCI and related events and the operations and business practices of SCI and SCI affiliates.

Visosky, Vincent L.

Service Corporation International

1929 Allen Parkway

Houston, Texas 77019

713/525-5289

Mr. Visosky is an officer of SCI who may have knowledge concerning: the TFSC investigation of SCI and related events; political contributions made by SCI, and/or the SCI PAC; and the relationship of SCI and/or Waltrip with Governor Bush, and related issues.

Waltrip, Robert L.

Service Corporation International

1929 Allen Parkway

Houston, Texas 77019

713/522-5141

Robert L. Waltrip is a defendant in this lawsuit, and is Chairman of the Board and Chief Executive Officer of SCI and may have knowledge concerning: the TFSC investigation of SCI and related events; political contributions made to candidates and office holders in Texas by him, SCI, SCI PAC; Waltrip's and/or SCI's investigation of and campaign against May; complaints, communications or contacts by or on behalf of him and/or SCI with Governor Bush, staff of Governor Bush's office, the TFSC, and/or employees or representatives if the TFSC concerning the TFSC and/or May; his and SCI's relationship with Governor Bush and various legislators; complaints, communications, and contacts made by or on his behalf to the Attorney General or the Attorney General's staff regarding the TFSC investigation, and the issuance of Attorney General Opinion JC-0059 dated June 2, 1999, and related issues.

Waltrip, W. Blair

Service Corporation International

1929 Allen Parkway

Houston, Texas 77019

713/525-5289

Mr. Waltrip is a former officer and board member of SCI who may have knowledge concerning: the TFSC investigation of SCI and related events; political contributions made by SCI, and/or the SCI PAC; and the relationship of SCI and/or Waltrip with Governor Bush, and related issues.

Webb, Michael R.

Service Corporation International

1929 Allen Parkway

Houston, Texas 77019

713/525-5289

Mr. Webb is an officer of SCI who may have knowledge concerning: the TFSC investigation of SCI and related events; political contributions made by SCI, and/or the SCI PAC; and the relationship of SCI and/or Waltrip with Governor Bush, and related issues.

West, Royce Senator

Texas State Senate

Capitol Building

Austin, Texas 78701

512/463-0123

Senator West may have knowledge concerning: various violations of law reported by May during her tenure as Executive Director of the TFSC and related issues.

Whitmire, John Senator

Texas State Senate

Capitol Building

Austin, Texas 78701

512/463-0115

Senator Whitmire may have knowledge concerning: complaints by and contacts with Waltrip and/or SCI concerning May and the TFSC; his own contacts with the TFSC on behalf of Waltrip and/or SCI; political campaign contribution received from or on behalf of SCI's PAC, Waltrip and SCI; and the investigation by the TFSC concerning SCI and related events; contacts by him or on his behalf with Governor Bush and/or members of Governor Bush's staff concerning the TFSC and/or May, and related issues; contacts by him or on his behalf with the Attorney General or the staff of the Attorney General regarding the TFSC investigation of SCI and related events and the issuance of Attorney General Opinion JC-0059 dated June 2, 1999, and related issues.

Wilfong, M.

Bean-Massey-Burge Funeral Home

733 Dalworth

Grand Prairie, Texas 75050

Mr. Wilfong is an employee of an SCI affiliated funeral home and may have knowledge concerning: the investigation by the TFSC concerning SCI and related events and the operations and business practices of SCI and SCI affiliates.

Williams, Ainsley

Office of the Governor

Capitol Building

Austin, Texas 78701

512/463-2000

Ms. Williams is the director of scheduling for Governor Bush and may have knowledge concerning: the complaints to, and/or communications and contacts with her and/or others in the Governor's office by SCI concerning May and the TFSC; complaints to, and/or communications and contacts with her and/or others in the Governor's office by Waltrip concerning May and the TFSC; the actions and conduct of the TFSC, the Governor and/or his staff in response to such complaints, communications and contacts; the investigation by the TFSC concerning SCI and related events; communications or contacts by May and other TFSC representatives with her and/or others in the Governor's office; the actions of Waltrip, SCI, and its agents and employees concerning the TFSC and May, including Waltrip's and/or SCI's investigation of and campaign against May; her own contacts, and the contacts of others in the Governor's office with the TFSC and/or May on behalf of Waltrip and/or SCI, and related issues.

Williams, Edward E.

address unknown

telephone unknown

Mr. Williams is an SCI board member who may have knowledge concerning: the TFSC investigation of SCI and related events; political contributions made by SCI, and/or the SCI PAC; and the relationship of SCI and/or Waltrip with Governor Bush.

Wilson, Margaret

Office of the Governor

Capitol Building

Austin, Texas 78701

512/463-2000

Ms. Wilson is general counsel to Governor Bush and may have knowledge concerning: the complaints to, and/or communications and contacts with her and/or others in the Governor's office by SCI concerning May and the TFSC; complaints to, and/or communications and contacts with her and/or others in the Governor's office by Waltrip concerning May and the TFSC; the actions and conduct of the TFSC, the Governor and/or his staff in response to such complaints, communications and contacts; the investigation by the TFSC concerning SCI and related events; communications or contacts by May and other TFSC representatives with her and/or others in the Governor's office; the actions of Waltrip, SCI, and its agents and employees concerning the TFSC and May, including Waltrip's and/or SCI's investigation of and campaign against May; her own contacts, and the contacts of others in the Governor's office with the TFSC and/or May on behalf of Waltrip and/or SCI; and political campaign contributions received from or on behalf of the SCI PAC, Waltrip and SCI, and related issues.

Wilson, Sylvia

Texas Funeral Service Commission

510 South Congress Avenue, Suite 206

Austin, Texas 78704-1716

512/479-7222

Ms. Wilson is or was a TFSC employee and may have knowledge concerning: the operations of the TFSC; the investigation by the TFSC concerning SCI and related events; and May's tenure as Executive Director of the TFSC, and related issues.

Wright, Eric

Director, Senate Finance Committee

Capitol Building

Austin, Texas 78701

Mr. Wright is the director of the Senate Finace Committee and may have knowledge concerning: May’s reports of illegal conduct, the complaints to, and/or communications and contacts with Governor Bush and/or others in the Governor's office by SCI concerning May and the TFSC; the investigation by the TFSC concerning SCI and related events; communications or contacts by May and other TFSC representatives with Governor Bush and/or others in the Governor's office; the actions of Waltrip, SCI, and its agents and employees concerning the TFSC and May, including Waltrip's and/or SCI's campaign against May; the contacts between the Governor's office and the TFSC and/or May; and related issues.

Zeagler, Millard F. ("Buddy")

805 Wildbriar

Lufkin, Texas 75901

telephone unknown

Mr. Zeagler is a former Commissioner of the TFSC, and may have knowledge concerning: the operations and performance of the TFSC; and SCI and its position in the funeral industry.

(f) for any testifying expert:

(1) the expert's name, address, and telephone number;

(2) the subject matter on which the expert will testify;

(3) the general substance of the expert's mental impressions and opinions and a brief summary of the basis for them, or if the expert is not retained by, employed by, or otherwise subject to the control of the responding party, documents reflecting such information;

(4) if the expert is retained by, employed by, or otherwise subject to the control of the responding party:

(A) all documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by or for the expert in anticipation of the expert's testimony; and

(B) the expert's current resume and bibliography.

Response: No experts have yet been retained by or on behalf of May. May will make her disclosure of experts and the required accompanying information in accordance with the requirements of Rule 195, Texas Rules of Civil Procedure.

(g) any indemnity and insuring agreements described in Rule 192.3(f).

Response: May has no such documents.

(h) any settlement agreements described in Rule 192.3(g).

Response: May has no such documents.

(i) any witness statements described in Rule 192.3(h).

Response: May has no documents that constitute witness statements within the meaning of Rules 192.3(h) and 194.2(i) that were taken after the filing of this lawsuit or that were taken by or on behalf of her lawyers. She has some documents that may constitute statements within the meaning of those rules, such as affidavits generated by SCI, and to the extent not already produced, May will produce such documents in the offices of her counsel within fourteen (14) days after receipt of request that the party submitting this request for disclosure would like to inspect such documents.

(j) in a suit alleging physical or mental injury and damages from the occurrence that is the subject of the case, all medical records and bills that are reasonably related to the injuries or damages asserted or, in lieu thereof, an authorization permitting the disclosure of such medical records and bills.

Response: May will produce responsive documents.

(k) in a suit alleging physical or mental injury and damages from the occurrence that is the subject of the case, all medical records and bills obtained by the responding party by virtue of an authorization furnished by the requesting party.

Response: May has no such documents.

Respectfully submitted,

HERRING & IRWIN, L.L.P HOWARD & KOBELAN

806 West Avenue 100 Congress Ave., Suite 1720

Austin, Texas 78701 Austin, Texas 78701

(512) 320-0665 (512) 480-9300

(512) 320-0931 (facsimile) (512) 480-9374 (facsimile)

By: By:

Charles Herring, Jr. Derek A. Howard

State Bar No. 09534100 State Bar No. 10064600

Jess M. Irwin III

State Bar No. 10425700

ATTORNEYS FOR PLAINTIFF ELIZA MAY

CERTIFICATE OF SERVICE

The undersigned attorney for the Plaintiff hereby certifies by his signature that a true and correct copy of this response to request for disclosure by Defendant George W. Bush was sent by hand-delivery or certified mail, return receipt requested, to the attorneys for the Defendants at the addresses specified below on this [10th] day of July, 2000.

Patton G. Lochridge via certified mail

Scott Baker

McGINNIS, LOCHRIDGE & KILGORE, L.L.P.

1300 Capitol Center

919 Congress Avenue

Austin, Texas 78701

Jose M. Rangel via certified mail

OFFICE OF THE TEXAS ATTORNEY GENERAL

Assistant Attorney General

300 West 15th, 11th Floor

Austin, Texas 78701

Robert B. O’Keefe via hand-delivery

OFFICE OF THE TEXAS ATTORNEY GENERAL

300 West 15^th Street, 11^th Floor

Austin, Texas 78701

Joseph Crawford via certified mail

OFFICE OF THE TEXAS ATTORNEY GENERAL

209 West 14^th Street, 8^th Floor

Austin, Texas 78701

_____________________________________

Charles Herring, Jr.