Sec. 193.009. Burial Records (a) The person in charge of premises on which interments are made shall keep a record of the bodies interred or otherwise disposed of on the premises. (b) The records must include for each decedent: (1) The decedent’s name; (2) The place of death; (3) The date of interment or disposal; (4) The name and address of the funeral director; and (5) Any other information required by the state registrar. (c) The records are open to official inspection at all times. Sec. 193.010. Certificate of Death by Catastrophe (a) In this section, “catastrophe” means the occurrence of a substantial force that causes widespread or severe damage, injury, or loss of life or property and from which it is not reasonable to assume that a person could survive, including: (1) Flood, earthquake, tornado, or other natural disaster; (2) Explosion, fire, or destruction of a building; (3) The crash of a motor vehicle, train, or airplane involving more than one person; or (4) The overtaking of more than one person by fire, water, earth, or other substance. (b) A local registrar shall issue and file a certificate of death by catastrophe for a person if: (1) An affidavit is submitted to the registrar stating that: (A) The person was last reasonably believed to be at the scene of a catastrophe; (B) At least 10 days have passed since the day of the catastrophe; (C) A diligent search has been made by a governmental authority and the authority has concluded the search for the person; (D) The catastrophe was not intentionally caused by the person; and (E) The affiant: (i) Does not know whether the person is alive or dead; (ii) Has not received any information about the
that the governmental authority conducted and concluded a search for the person. (c) The department may issue a certificate of death by catastrophe for a minor or a person for whom a guardian has been appointed who is the subject of a custody or guardianship dispute only if all parties to the dispute submit an affidavit under Subsection (b). (d) An insurer shall accept as proof of death of an insured a certificate of death by catastrophe issued under this section. Sec. 193.011. Memorandum of Understanding on Suicide Data (a) In this section, “authorized entity” means a medical examiner, a local registrar, a local health authority, a local mental health authority, a community mental health center, a mental health center that acts as a collection agent for the suicide data reported by community mental health centers, or any other political subdivision of this state. (b) An authorized entity may enter into a memorandum of understanding with another authorized entity to share suicide data that does not name a deceased individual. The shared data may include: (1) The deceased individual’s date of birth, race or national origin, gender, and zip code of residence; (2) Any school or college the deceased individual was attending at the time of death; (3) The suicide method used by the deceased individual; (4) The deceased individual’s status as a veteran or member of the armed services; and (5) The date of the deceased individual’s death. (c) The suicide data an authorized entity receives or provides under Subsection (b) is not confidential. (d) An authorized entity that receives suicide data under a memorandum of understanding authorized by this section may periodically release suicide data that does not name a deceased individual to an agency or organization with recognized expertise in suicide prevention. The agency or organization may use suicide data received by the agency or organization under this subsection only for suicide prevention purposes. (e) An authorized entity or an employee or agent of an authorized entity is not civilly or criminally liable for receiving or providing suicide data that does not name a deceased individual and that may be shared under a memorandum of understanding authorized by this section. (f) This section does not prohibit the sharing of data as authorized by other law. Sec. 193.012. Notice of Certain Death Certificate Amendments For a death certificate that is not a pending death certificate, a person who submits to the department a request for an amendment to modify the medical certification information on the certificate shall provide in the manner prescribed by the department written notice of the modification to a decedent’s next of kin.
person’s status since the catastrophe and, barring the person’s death, would have received information about the person’s status; (iii) Is not aware of any custody or guardianship issues involving the person, if the person is a minor or a person for whom a guardian has been appointed; and (iv) Is not aware of any reasonable motive for the person to disappear or for another person to abduct the person; and
(2) A written statement signed by an agent of the governmental authority that conducts a search under Subdivision (1)(C) is submitted to the registrar stating
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 The text contained in this section of the course refers to the latest information provided on the state of Texas website. In 2023, updates went into effect for Sections 711.002, Disposal
of Remains, Duty to Inter; 711.004, Removal of Remains; and 711.008, Location of Cemetery.
Subchapter A. General Provisions Sec. 711.001. Definitions In this chapter:
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:
(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
Page 50
Book Code: FTX1624
EliteLearning.com/Funeral
Powered by FlippingBook