(a) A crematory establishment may incinerate through the cremation process and separately from human remains one or more United States flags or state flags at the request of any person, including a family member of a deceased veteran, deceased first responder, or deceased spouse or child of a veteran or first responder for the purpose of spreading the ashes on the grave or memorial site of the veteran, first responder, spouse, or child. A crematory establishment may only incinerate a flag during the week preceding and the week after the following national holidays: (1) Memorial Day; (2) Flag Day; and (3) Independence Day. (b) The commission shall adopt rules necessary to implement this section. The rules must: (1) Establish guidelines on: (A) Crematory sanitation; (B) The release of ashes from an incinerated United (2) Ensure that incineration of the flag is in accordance with 4 U.S.C. Section 8 and Chapter 3100, Government Code, as applicable. [Note: Sec. 716.157 became effective in September of 2023.] (b) A crematory establishment or funeral establishment is not criminally or civilly liable for disposing of cremated remains after the 120th day after the date of cremation in accordance with this chapter if: (1) The authorizing agent did not authorize shipment of the remains or provide a shipping address on the authorization form; and (2) The authorizing agent did not claim the remains before the 121st day following the date of cremation. States flag or state flag to the person who requested incineration of the flag; and (C) The disposal of ashes from an incinerated flag; and (c) A crematory establishment is not liable in a civil action or criminal prosecution for any valuables delivered with human remains if the crematory establishment exercises reasonable care in protecting the valuables. (d) A crematory establishment, funeral establishment, funeral director, cemetery, or other person is not liable in a civil action for representations made by the authorizing agent or the agent’s representative in the cremation authorization form. (e) The commission may not initiate disciplinary action against a crematory establishment on the basis of a complaint based on the conduct of an employee, agent, or representative of the establishment that is: (1) Performed outside of the scope and authority of employment; or (2) Contrary to the written instructions of the crematory establishment. Sec. 716.204. Immunity from Criminal and Civil Liability; Written Directions (a) In this section: (1) “Cemetery organization” has the meaning assigned by Section 711.001. (2) “Embalmer” has the meaning assigned by Section 651.001, Occupations Code. (b) If Section 716.054(a) applies, a cemetery organization, a business operating a crematory or columbarium, a funeral director, an embalmer, or a funeral establishment is not criminally liable or liable in a civil action for: (1) Cremating the human remains of a deceased person; or (2) Carrying out the written directions of the deceased person.
(2) Release the cremated remains to the person authorized to receive the remains on the cremation authorization form; (3) Ship the remains to the shipping address provided by the authorizing agent on the cremation authorization form not later than the 30th day following the date of cremation; or (4) Release the cremated remains according to written directions for the disposition by cremation of the deceased person’s human remains as provided by Section 711.002(g). (b) A crematory establishment shall furnish to a person who receives the cremated remains a receipt that includes: (1) The date and time of release; (2) The printed name of the person who receives the cremated remains; (3) The name of the funeral establishment or other entity who contracted to provide for the cremation; (4) The printed name of the person who released the cremated remains on behalf of the crematory establishment; and (5) The name of the deceased person. (c) A crematory establishment shall retain a copy of the receipt required by this section in the crematory establishment’s records. Sec. 716.157. Incineration of United States Flag or State Flag Through Cremation Process (a) Until authorized by a valid court order, a crematory establishment, funeral establishment, cemetery, or other person may refuse to accept deceased human remains or to perform a cremation if the crematory establishment, funeral establishment, cemetery, or person is aware of: (1) A dispute that has not been resolved or settled concerning the cremation of the remains; (2) A reasonable basis for questioning any representation made by the authorizing agent; or (3) Any other lawful reason for refusing to accept or cremate the remains. (b) A crematory establishment, funeral establishment, cemetery, or other person aware of any dispute concerning the release or disposition of the cremated remains may refuse to release the remains until: (1) The dispute has been resolved or settled; or (2) Authorized by a valid court order to release or dispose of the remains. (c) A crematory establishment, funeral establishment, cemetery, or other person is not liable in a civil action or criminal prosecution for refusing to accept or cremate human remains in accordance with Subsection (a) or for refusing to release or dispose of or releasing or disposing of cremated remains in accordance with Subsection (b). Sec. 716.202. Liability of Authorizing Agent An authorizing agent who signs a cremation authorization form is subject to Section 711.002(f) and attests to the truthfulness of the facts set forth in the form, including the identity of the deceased person and the agent’s authority under this chapter and Section 711.002. Subchapter E. Disputes and Liability Sec. 716.201. Cremation Dispute Sec. 716.203. Liability of Crematory Establishment, Funeral Establishment, Funeral Director, Cemetery, or Other Person (a) A crematory establishment, funeral establishment, funeral director, cemetery, or other person that contracts to provide for a cremation, accepts human remains, cremates human remains, or releases or disposes of the cremated remains as provided on a cremation authorization form is not criminally or civilly liable for performing the actions authorized.
Page 18
Book Code: FTX1624
EliteLearning.com/Funeral
Powered by FlippingBook