Subchapter F. Records Sec. 716.251. Crematory Establishment Records (a) A crematory establishment shall maintain a record at its place of business of each cremation. The record must contain: (1) The name of the deceased person; Subchapter G. Disposition of Remains Sec. 716.301. Transport of Cremated Remains On delivery of the cremated remains by a crematory establishment, an authorizing agent or the representative delegated by the authorizing agent as provided by Section 716.053 may transport the remains without a permit in any manner in this state and finally dispose of the cremated remains in accordance with this subchapter. Sec. 716.302. Disposition of Cremated Remains (a) An authorizing agent shall provide to a crematory establishment a signed written statement disclosing the final disposition of the cremated remains, if known. The crematory establishment shall retain a copy of the statement in the crematory establishment’s records. (b) The authorizing agent is responsible for disposing of cremated remains. (c) Not earlier than the 121st day following the date of cremation, if the authorizing agent or the agent’s representative has not specified the final disposition of or claimed the cremated remains, the crematory establishment or funeral establishment, if the cremated remains have been released to an employee of the funeral establishment in accordance with the authorization form, may dispose of the cremated remains in accordance with this subchapter. The crematory establishment or funeral establishment, as applicable, shall retain a record of the disposition in the establishment’s records. Subchapter H. Penalty Sec. 716.351. Criminal Penalty (a) A person commits an offense if the person: (1) Cremates human remains without receipt of: (A) A cremation authorization form signed by an authorizing agent; or (B) Written directions for the disposition by cremation of the deceased person’s human remains as provided in Section 711.002(g);
(2) The date of the cremation; (3) The final disposition of the cremated remains; and (4) Any other document required by this chapter. (b) A record must be kept on file at least until the fifth anniversary of the cremation. (d) An authorizing agent is responsible for all reasonable expenses incurred in disposing of the cremated remains under Subsection (c). (e) A person may dispose of cremated remains only: (1) In a crypt, niche, grave, or scattering area of a dedicated cemetery; (2) By scattering the remains over uninhabited public land, sea, or other public waterways in accordance with Section 716.304; or (3) On private property as directed by the authorizing agent with the written consent of the property owner in accordance with Section 716.304. Sec. 716.303. Commingling of Remains Unless authorized in writing by the authorizing agent, a person may not: (1) Dispose of or scatter cremated remains in a manner or at a location that commingles the remains with other cremated remains, except by air over a scattering area or by sea; or (2) Place the cremated remains of more than one deceased person in the same urn or other container. Sec. 716.304. Scattering Remains A person may scatter cremated remains over uninhabited public land, over a public waterway or sea, or on the private property of a consenting owner. Unless the container is biodegradable, the cremated remains must be removed from the container before being scattered. (2) Signs a cremation authorization form with actual knowledge that the form contains false or incorrect information; or (3) Represents to the public that the person may cremate human remains without being licensed as provided by Subchapter N, Chapter 651, Occupations Code. (b) An offense under Subsection (a) is a Class B misdemeanor.
TEXAS ADMINISTRATIVE CODE (TAC). TITLE 22 EXAMINING BOARDS. PART 10 TEXAS FUNERAL SERVICE COMMISSION
● 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.
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 203 – Licensing and Enforcement – Subchapter B – Duties of a Funeral Establishment/Licensee;
TAC CHAPTER 201. LICENSING AND ENFORCEMENT. PRACTICE AND PROCEDURE Rule 201.1 Right of Licensure
The Commission may investigate complaints as provided for in Occupations Code Chapter 651. 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
The Commission shall establish standards for the licensure of establishments and individuals provided for in Occupations Code Chapter 651. Rule 201.2 Right of Inspection The Commission shall inspect funeral establishments as provided
for in Occupations Code Chapter 651. Rule 201.3 Right of Investigation
Book Code: FTX1624
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