HEALTH AND SAFETY CODE. TITLE 8. DEATH AND DISPOSITION OF THE BODY Subtitle C. Cemeteries and Crematories. Chapter 716. Crematories
Subchapter A. General Provisions Sec. 716.001. Definitions In this chapter: (1) Authorizing agent : A person authorized to dispose of a decedent’s remains under Section 711.002. (2) Cemetery has the meaning assigned by Section 711.001. (3) Commission : The Texas Funeral Service Commission (TFSC). (4) Cremated remains : The recoverable human remains after the completion of the cremation process. The term may include the residue of any nonhuman matter cremated with the deceased human body, including casket material, bridgework, eyeglasses, or other material. (5) Cremation : The irreversible process of reducing human remains to bone fragments through direct flame, extreme heat, and evaporation. The term may include pulverization, which is the process of reducing identifiable bone fragments after cremation and processing granulated particles by manual or mechanical means. (6) Cremation chamber : An enclosed retort used exclusively for cremation of human remains. (7) Cremation container : A casket or other container designed to transport a deceased human body and for placement in a cremation chamber during cremation. (8) Cremation interment container : A rigid outer container composed of concrete, steel, fiberglass, or similar material used for the ground burial of cremated remains that meets a cemetery’s specifications. (9) Crematory : A structure containing a retort used or intended to be used for cremation of human remains. (10) Crematory establishment: A business that operates a crematory for which a license is required under Subchapter N, Chapter 651, Occupations Code. (10-a) First responder has the meaning assigned by Section 421.095, Government Code. (11) Funeral director has the meaning assigned by Section 651.001, Occupations Code. (12) Funeral establishment has the meaning assigned by Section 651.001, Occupations Code. (13) Scattering area : An area designated for scattering cremated remains. The term includes dedicated cemetery property on which cremated remains may be: (A) Mixed with or placed on top of soil or ground cover; or (B) Commingled and buried in an underground receptacle. (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; (ii) The state military forces as defined by Section 431.001, Government Code; or Subchapter B. Authorization Requirements Sec. 716.051. Cremation Authorization Except as otherwise provided in this chapter, a crematory establishment may not cremate deceased human remains until it receives:
(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 in September of 2023.] Sec. 716.002. Cremation Rules The commission may adopt rules consistent with this chapter and Chapter 651, Occupations Code, to govern the cremation of human remains. Sec. 716.003. Location of Crematory (a) A crematory may be constructed on or adjacent to a perpetual care cemetery or adjacent to a funeral establishment. (b) A crematory, other than a crematory registered with the commission on September 1, 2003, must: (1) Be adjacent to a perpetual care cemetery or funeral establishment; and (2) Be owned or operated by the person that owns or operates the perpetual care cemetery or funeral establishment. (c) In this section, “adjacent to” means that a part of the property on which the crematory is to be constructed has a common boundary with: (1) The perpetual care cemetery or property on which the funeral establishment is located; or (2) A public easement, a utility easement, or a railroad right-of-way that has a common boundary with the perpetual care cemetery or property on which the funeral establishment is located. Sec. 716.0035. Acceptance of Remains. A crematory establishment may accept deceased human remains for refrigeration before it receives authorization to cremate the remains under Subchapter B. Sec. 716.004. Waiting Period for Cremation (a) A crematory establishment may not cremate human remains within 48 hours of the time of death indicated on a death certificate unless the waiting period is waived in writing by: (1) A justice of the peace or medical examiner of the county in which the death occurred; or (2) A court order. (b) A justice of the peace or medical examiner’s office authorized to grant a waiver under Subsection (a) shall adopt a written policy for requesting a waiver under Subsection (a). In adopting the written policy, the justice of the peace or medical examiner’s office shall consider how a person makes a request, and how the justice of the peace or medical examiner may process the request as quickly as possible. The written policy must outline the process of making a request for a waiver under Subsection (a) during regular business hours and outside of regular business hours, including on a weekend day or holiday. Sec. 716.005. Crematory Establishment Procedures A crematory establishment may adopt procedures not inconsistent with this chapter for the management and operation of a crematory. Sec. 716.006. Applicability of Chapter to Other Law This chapter may not be construed to require a funeral director to perform any act not otherwise authorized by other law.
(1) A cremation authorization form signed by an authorizing agent; and (2) A death certificate or other death record that indicates the deceased human remains may be cremated.
Book Code: FTX1624
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