(ii) The state military forces as defined by Section 431.001, Government Code; or (iii) An auxiliary service of one of those branches of the armed forces; and (B) Has been honorably discharged from the branch of the service in which the individual served. [Note: The definitions for “first responder” and “veteran” became effective September 2023.] Sec. 716.152. Cremation Process (a) A crematory establishment is not required to accept a cremation container that evidences leakage of human body fluids. (b) A person other than a crematory establishment employee, the authorizing agent, or representatives delegated as provided by Section 716.053 and approved by the crematory establishment may not be present in a crematory area during: (1) The cremation of deceased human remains; or (2) The removal of the remains from the cremation chamber. (c) Immediately before placing deceased human remains in a cremation chamber, a crematory establishment employee must verify and remove the identification label from the cremation container and place the label near the cremation chamber control panel until the cremation process is complete. (d) To the extent practicable, the crematory establishment shall remove all recoverable cremation residue from the ● TAC Chapter 203 – Licensing and Enforcement – Subchapter B – Duties of a Funeral Establishment/ Licensee; ● TAC Chapter 203 – Licensing and Enforcement – Subchapter C – Enforcement; ● TAC Chapter 204 – Fees; ● TAC Chapter 205 – Crematories; ● TAC Chapter 207 – Alternative Dispute Resolution; and ● TAC Chapter 209 – Ethical Standards for Persons Licensed by the Commission. term. A cash advance item is also any item obtained from a third party and paid for by the funeral provider on the purchaser’s behalf. Cash advance items may include, but are not limited to, cemetery or crematory services; pallbearers; public transportation; clergy honoraria; flowers; musicians or singers; nurses; obituary notices; gratuities; and death certificates. (5) Casket: A rigid container which is designed for the encasement of human remains and which is usually constructed of wood, metal, fiberglass, plastic, or like material, and ornamented and lined with fabric. (6) Commission: The Texas Funeral Service Commission. (7) Cremation: A heating process which incinerates human remains. (8) Cremation Society: A resource for sharing a common interest of learning about cremation and providing consumers the assistance to locate cremation providers in their local area or outside their local area.
(14) Temporary container: A receptacle composed of cardboard, plastic, or similar material designed to temporarily store cremated remains until the remains are placed in an urn or other permanent container. (15) Urn: A container designed to permanently store cremated remains. (16) Veteran: An individual who: (A) Has served in: (i) The Army, Navy, Air Force, Coast Guard, or Marine Corps of the United States; Subchapter D. Cremation Procedures Sec. 716.151. Cremation Containers (a) Human remains must be placed in a cremation container that: (1) Is made of combustible materials suitable for cremation; (2) Provides a complete covering of the body; (3) Is resistant to leakage or spillage; (4) Is rigid for easy handling; and (5) Protects the health and safety of crematory personnel. (b) A crematory establishment may not remove human remains from a cremation container and must cremate the cremation container with the human remains. (c) Except as provided by this section, a crematory establishment may not: (1) Require that deceased human remains be placed in a casket before cremation or that remains be cremated in a casket; or (2) Refuse to accept for cremation remains that have not been placed in a casket.
cremation chamber following cremation and pulverize any bone fragments to a particle size of one-eighth inch or less as necessary. The crematory establishment shall remove and dispose of any other material included with the residue. TEXAS ADMINISTRATIVE CODE (TAC). TITLE 22 EXAMINING BOARDS. PART 10 TEXAS Funeral Service Commission
The TFSC is authorized to establish rules to implement and enforce the rules and regulations. The rules are found in the following chapters of the TAC: ● TAC Chapter 201 – Licensing and Enforcement – Practice and Procedure; ● TAC Chapter 203 – Licensing and Enforcement – Subchapter A – Licensing;
TAC Chapter 201. Licensing and Enforcement. Practice and Procedure Rule 201.4 Definitions
The following words and terms, when used in Tex. Admin. Code, Title 22, Part 10, shall have the following meanings: (1) Advertising: The act of making publicly and generally known: the act of announcing publicly, especially by a printed notice, electronic medium, or a broadcast. (2) Alternative container: An unfinished wood box or other non-metal receptacle or enclosure, without ornamentation or a fixed interior lining, which is designed for the encasement of human remains and which is made of fiberboard, pressed-wood, composition materials (with or without an outside covering) or like materials. (3) At-need: The time of need for funeral services or merchandise when a human being has become deceased. (4) Cash advance item: Any item of service or merchandise described to a purchaser as a “cash advance,” “accommodation,” “cash disbursement” or similar
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