(2) If the affidavit of the physician or funeral director cannot be obtained: (A) Any person who was acquainted with the facts surrounding the death when the death occurred; and (B) Another person who was acquainted with the facts surrounding the death but who is not related to the decedent by consanguinity or affinity, as determined under Chapter 573, Government Code. (e) For each application under this section, the court shall collect a $1 fee. The court retains 50 cents of the fee and the remaining 50 cents is allocated to the clerk of the court for recording the certificate. (f) Not later than the seventh day after the date on which a certificate is accepted and ordered filed by a court under this section, the clerk of the court shall forward to the vital statistics unit: (1) The certificate; and (2) An order from the court that the state registrar accept the certificate. Sec. 193.008. Burial-Transit Permit (a) A burial-transit permit issued under the law and rules of a place outside of this state in which a death or fetal death occurred authorizes the transportation of the body in this state. A cemetery or crematory shall accept the permit as authorization for burial, cremation, or other disposal of the body in this state. (b) The department shall prescribe the form and contents of the burial-transit permit. the direction or under the control of the cemetery organization; or (B) Originally purchased the exclusive right of sepulture for personal use. (7) “Cemetery organization” means: (A) An unincorporated association of plot owners not operated for profit that is authorized by its articles of association to conduct a business for cemetery purposes; or (B) A corporation, as defined by Section 712.001(b)(3), that is authorized by its certificate of formation or its registration to conduct a business for cemetery purposes. (8) “Cemetery purpose” means a purpose necessary or incidental to establishing, maintaining, managing, operating, improving, or conducting a cemetery, interring remains, or caring for, preserving, and embellishing cemetery property. (9) “Columbarium” means a durable, fireproof structure, or a room or other space in a durable, fireproof structure, containing niches and used or intended to be used to contain cremated remains. (10) “Cremains receptacle” means a marker, boulder, bench, pedestal, pillar, or other aboveground vessel that contains niches for cremated remains. (11) “Cremated remains” or “cremains” means the bone fragments remaining after the cremation process, which may include the residue of any foreign materials that were cremated with the human remains. (12) “Cremation” means the irreversible process of reducing human remains to bone fragments through extreme heat and evaporation, which may include the processing or the pulverization of bone fragments.
(1) The death occurs; or (2) The body is found, if the place of death is not known. (b) Subject to department rules, a certificate of a fetal death that occurs in this state shall be filed with the local registrar of the registration district in which: (1) The fetal death occurs; or (2) The body is found, if the place of fetal death is not known. Sec. 193.007. Delayed Registration of Death (a) A death that occurred more than 10 days but less than one year before the date of an application for registration of death may be recorded on a death certificate and submitted for filing with the local registrar of the registration district in which the death occurred. (b) To file a record of a death that occurred in this state but was not registered within one year of the date of death, a person shall submit a record of the death to the county probate court in the county in which the death occurred. (c) The department shall furnish a form for filing records under this section. Records submitted under this section must be on the form furnished by the department. The state registrar may accept a certificate that is verified as provided by this section. (d) The certificate must be supported by the affidavit of: (1) The physician last in attendance on the decedent or the funeral director who buried the body; or
SECTION II. HEALTH AND SAFETY CODE Title 8. Death and Disposition of the Body. Subtitle C. Cemeteries and Crematories Chapter 711. General Provisions Relating to Cemeteries Subchapter A. General Provisions Sec. 711.001. Definitions In this chapter:
(1) “Abandoned cemetery” means a cemetery, regardless of whether it appears on a map or in deed records, that is not owned or operated by a cemetery organization, does not have another person legally responsible for its care, and is not maintained by any person. (2) “Burial park” means a tract of land that is used or intended to be used for interment in graves. (3) “Campus” means the area: (A) Within the boundaries of one or more adjacent tracts, parcels, or lots under common ownership; (B) On which the principal church building and related structures and facilities of an organized religious society or sect are located; and (C) That may be subject to one or more easements for street, utility, or pipeline purposes. (4) “Cemetery” means a place that is used or intended to be used for internment, and includes a graveyard, burial park, mausoleum, or any other area containing one or more graves. (5) “Cemetery element” means a grave, memorial, crypt, mausoleum, columbarium, or other item that is associated with the cemetery, including a fence, road, curb, wall, path, gate, or bench and the lighting and landscaping. (6) “Cemetery broker” means a person who sells the exclusive right of sepulture for another person. The term does not include a person who: (A) Is an officer, agent, or employee of the cemetery organization in which the plot is located, acting at
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