Sec. 716.052. Cremation Authorization Form (a) A cremation authorization form must: (1) Identify the deceased person and the time and date of death; (2) Include the name and address of the funeral director or other person that contracted to provide for the cremation; (3) Identify the authorizing agent and the relationship between the authorizing agent and the deceased person; (4) Include a statement by the authorizing agent that: (A) The authorizing agent has the right to authorize the cremation of the deceased person and is not aware of any person with a superior or equal priority right; or (B) If another person has an equal priority right to authorize cremation, the authorizing agent: (i) Has made all reasonable efforts but failed to contact that person and believes the person would not object to the cremation; and (ii) Agrees to indemnify and hold harmless the funeral establishment and the crematory establishment for any liability arising from performing the cremation without the person’s authorization; (5) Authorize the crematory establishment to cremate the human remains; (6) Declare that to their knowledge the human remains do not contain a pacemaker or any other material or implant that may potentially be hazardous or cause damage to the cremation chamber or the person performing the cremation; (7) Include the name of the funeral establishment or other person authorized to receive the cremated remains from the crematory establishment; (8) Detail the manner of permanent disposition of the cremated remains, if known; (9) List any items of value delivered to the crematory establishment along with the human remains and include instructions on the handling of the items; (10) Specify whether the authorizing agent has arranged for a viewing of the deceased person or service with the deceased person present before cremation and the date and time of the viewing or service; and (11) Include the signature of the authorizing agent attesting to the accuracy of all representations contained on the cremation authorization form. (b) A cremation authorization form must include a written notice to the authorizing agent that: (1) The authorizing agent assumes responsibility for the disposition of the cremated remains; and (2) The crematory establishment may: Subchapter C. Receipt and Identification of Remains Sec. 716.101. Unidentified Human Remains (a) Except as provided by Subsection (b), a crematory establishment may not accept for cremation unidentified human remains. (b) Notwithstanding any other provision of this chapter, a crematory establishment may accept for cremation unidentified human remains from a county on the order of: (1) The county commissioners court; or (2) A court located in the county. Sec. 716.102. Receipt Acknowledging Acceptance of Remains (a) A crematory establishment shall furnish to a representative of a funeral establishment who delivers deceased human remains to the crematory establishment a receipt that includes: (1) The signature and printed name of the representative who delivered the remains;
(A) Release to the authorizing agent, in person, the cremated remains of the deceased person; (B) Ship the cremated remains to the authorizing agent if the agent authorizes shipment and provides a shipping address on the authorization form; or (C) Dispose of the cremated remains in accordance with this chapter not earlier than the 121st day following the date of cremation if the cremated remains have not been claimed by the authorizing agent. (c) A funeral director or other representative of a funeral establishment that contracts to provide for the cremation of deceased human remains must sign the cremation authorization form. (d) A crematory establishment shall provide a cremation authorization form to an authorizing agent on request. Sec. 716.053. Delegation of Cremation Authorization Authority (a) An authorizing agent may delegate to a representative in writing the authority to execute a cremation authorization form. (b) An authorizing agent’s written delegation of authority must be notarized and include: (1) The name and address of the authorizing agent and the relationship of the authorizing agent to the deceased person; (2) The name and address of the representative; and (3) An acknowledgment by the authorizing agent that the representative may serve as the authorizing agent and execute the cremation authorization form. (c) A crematory establishment is not liable in a civil action for relying on a cremation authorization form executed by a representative of the authorizing agent to whom authority is delegated in accordance with this section. Sec. 716.054. Exception; Written Directions (a) This section applies and a cremation authorization form is not required under this chapter if: (1) The deceased person has left written directions for the disposition by cremation of the deceased person’s human remains as provided by Section 711.002(g); and (2) The authorizing agent refuses for any reason to sign a cremation authorization form. (b) The crematory establishment may cremate the deceased person’s human remains without receipt of a cremation authorization form signed by the authorizing agent if: (1) Cremation costs are paid; and (2) The authorizing agent provides positive written identification that the human remains to be cremated are the human remains of the deceased person. (2) The date and time of the delivery; (3) The type of cremation container in which the remains were delivered; (4) The name of the funeral establishment or other entity that contracted to provide for the cremation; (5) The name of the individual who received the human remains on behalf of the crematory; and (6) The name of the deceased person. (b) The crematory establishment shall retain a copy of the receipt required by Subsection (a) in the crematory establishment’s records. Sec. 716.103. Identification Responsibility of Crematory (a) A crematory establishment shall place on the exterior of a cremation container a label with the deceased person’s name as provided by the authorizing agent unless the crematory establishment knows the name is incorrect.
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Book Code: FTX1624
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