reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 697.002 (2021)
2021 Texas Statutes|Health and Safety Code|Title 8 - Death and Disposition of the Body|Subtitle B - Disposition of the Body|Chapter 697 - Disposition of Embryonic and Fetal Tissue Remains|Section 697.002. Definitions

Sec. 697.002.  DEFINITIONS.  In this chapter:(1)  "Cremation" means the irreversible process of reducing remains to bone fragments through direct flame, extreme heat, and evaporation.(2)  "Department" means the Department of State Health Services.(3)  "Embryonic and fetal tissue remains" means an embryo, a fetus, body parts, or organs from a pregnancy that terminates in the death of the embryo or fetus and for which the issuance of a fetal death certificate is not required by state law.  The term does not include the umbilical cord, placenta, gestational sac, blood, or body fluids.(4)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.(5)  "Incineration" means the process of burning remains in an incinerator.(6)  "Interment" means the disposition of remains by entombment, burial, or placement in a niche.(7)  "Steam disinfection" means the act of subjecting remains to steam under pressure to disinfect the remains.|Added by Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 13, eff. September 1, 2017.|
TX Health & Safety Code § 697.003 (2021)
2021 Texas Statutes|Health and Safety Code|Title 8 - Death and Disposition of the Body|Subtitle B - Disposition of the Body|Chapter 697 - Disposition of Embryonic and Fetal Tissue Remains|Section 697.003. Applicability of Other Law

Sec. 697.003.  APPLICABILITY OF OTHER LAW.  Embryonic and fetal tissue remains are not pathological waste under state law.  Unless otherwise provided by this chapter, Chapters 711 and 716 of this code and Chapter 651, Occupations Code, do not apply to the disposition of embryonic and fetal tissue remains.|Added by Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 13, eff. September 1, 2017.|
TX Health & Safety Code § 697.004 (2021)
2021 Texas Statutes|Health and Safety Code|Title 8 - Death and Disposition of the Body|Subtitle B - Disposition of the Body|Chapter 697 - Disposition of Embryonic and Fetal Tissue Remains|Section 697.004. Disposition of Embryonic and Fetal Tissue Remains

Sec. 697.004.  DISPOSITION OF EMBRYONIC AND FETAL TISSUE REMAINS.  (a)  Subject to Section 241.010, a health care facility in this state that provides health or medical care to a pregnant woman shall dispose of embryonic and fetal tissue remains that are passed or delivered at the facility by:(1)  interment;(2)  cremation;(3)  incineration followed by interment; or(4)  steam disinfection followed by interment.(b)  The ashes resulting from the cremation or incineration of embryonic and fetal tissue remains:(1)  may be interred or scattered in any manner as authorized by law for human remains; and(2)  may not be placed in a landfill.(c)  A health care facility responsible for disposing of embryonic and fetal tissue remains may coordinate with an entity in the registry established under Section 697.005 in an effort to offset the cost associated with burial or cremation of the embryonic and fetal tissue remains of an unborn child.(d)  Notwithstanding any other law, the umbilical cord, placenta, gestational sac, blood, or body fluids from a pregnancy terminating in the death of the embryo or fetus for which the issuance of a fetal death certificate is not required by state law may be disposed of in the same manner as and with the embryonic and fetal tissue remains from that same pregnancy as authorized by this chapter.|Added by Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 13, eff. September 1, 2017.|
TX Health & Safety Code § 697.005 (2021)
2021 Texas Statutes|Health and Safety Code|Title 8 - Death and Disposition of the Body|Subtitle B - Disposition of the Body|Chapter 697 - Disposition of Embryonic and Fetal Tissue Remains|Section 697.005. Burial or Cremation Assistance Registry

Sec. 697.005.  BURIAL OR CREMATION ASSISTANCE REGISTRY.  The department shall:(1)  establish and maintain a registry of:(A)  participating funeral homes and cemeteries willing to provide free common burial or low-cost private burial; and(B)  private nonprofit organizations that register with the department to provide financial assistance for the costs associated with burial or cremation of the embryonic and fetal tissue remains of an unborn child; and(2)  make the registry information available on request to a physician, health care facility, or agent of a physician or health care facility.|Added by Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 13, eff. September 1, 2017.|
TX Health & Safety Code § 697.006 (2021)
2021 Texas Statutes|Health and Safety Code|Title 8 - Death and Disposition of the Body|Subtitle B - Disposition of the Body|Chapter 697 - Disposition of Embryonic and Fetal Tissue Remains|Section 697.006. Ethical Fetal Remains Grant Program

Sec. 697.006.  ETHICAL FETAL REMAINS GRANT PROGRAM.  The department shall develop a grant program that uses private donations to provide financial assistance for the costs associated with disposing of embryonic and fetal tissue remains.|Added by Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 13, eff. September 1, 2017.|
TX Health & Safety Code § 697.007 (2021)
2021 Texas Statutes|Health and Safety Code|Title 8 - Death and Disposition of the Body|Subtitle B - Disposition of the Body|Chapter 697 - Disposition of Embryonic and Fetal Tissue Remains|Section 697.007. Suspension or Revocation of License

Sec. 697.007.  SUSPENSION OR REVOCATION OF LICENSE.  The department may suspend or revoke the license of a health care facility that violates this chapter or a rule adopted under this chapter.|Added by Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 13, eff. September 1, 2017.|
TX Health & Safety Code § 697.008 (2021)
2021 Texas Statutes|Health and Safety Code|Title 8 - Death and Disposition of the Body|Subtitle B - Disposition of the Body|Chapter 697 - Disposition of Embryonic and Fetal Tissue Remains|Section 697.008. Civil Penalty

Sec. 697.008.  CIVIL PENALTY.  (a)  A person that violates this chapter or a rule adopted under this chapter is liable for a civil penalty in an amount of $1,000 for each violation.(b)  The attorney general, at the request of the department, may sue to collect the civil penalty.  The attorney general may recover reasonable expenses incurred in collecting the civil penalty, including court costs, reasonable attorney's fees, investigation costs, witness fees, and disposition expenses.|Added by Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 13, eff. September 1, 2017.|
TX Health & Safety Code § 697.009 (2021)
2021 Texas Statutes|Health and Safety Code|Title 8 - Death and Disposition of the Body|Subtitle B - Disposition of the Body|Chapter 697 - Disposition of Embryonic and Fetal Tissue Remains|Section 697.009. Rules

Sec. 697.009.  RULES.  The executive commissioner shall adopt rules to implement this chapter.|Added by Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 13, eff. September 1, 2017.|
TX Health & Safety Code § 714.001 (2021)
2021 Texas Statutes|Health and Safety Code|Title 8 - Death and Disposition of the Body|Subtitle C - Cemeteries and Crematories|Chapter 714 - Miscellaneous Provisions Relating to Cemeteries|Section 714.001. Depth of Graves; Criminal Penalty

Sec. 714.001.  DEPTH OF GRAVES;  CRIMINAL PENALTY.  (a)  The body of a decedent may not be buried in a manner so that the outside top surface of the container of the body is:(1)  less than two feet below the surface of the ground if the container is not made of an impermeable material;  or(2)  less than 1-1/2 feet below the surface of the ground if the container is made of an impermeable material.(b)  The governing body of a political subdivision of this state may, because of subsurface soil conditions or other relevant considerations, permit, by ordinance or rule, burials in that political subdivision at a shallower depth than that required by Subsection (a).(c)  This section does not apply to burials in a sealed surface reinforced concrete burial vault.(d)  A person commits an offense if the person buries the body of a decedent in violation of this section or in violation of an ordinance or rule adopted under this section.(e)  An offense under this section is a misdemeanor punishable by a fine of not less than $100 or more than $200.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 714.002 (2021)
2021 Texas Statutes|Health and Safety Code|Title 8 - Death and Disposition of the Body|Subtitle C - Cemeteries and Crematories|Chapter 714 - Miscellaneous Provisions Relating to Cemeteries|Section 714.002. Limitation on Location of Feed or Slaughter Pens Near Cemetery

Sec. 714.002.  LIMITATION ON LOCATION OF FEED OR SLAUGHTER PENS NEAR CEMETERY.  (a)  The maintenance or location of a feed pen for hogs, cattle, or horses, a slaughter pen, or a slaughterhouse 500 feet or nearer to an established cemetery in a county with a population of at least 525,000 is a nuisance.(b)  The cemetery owner or a lot owner may bring suit to abate the nuisance and to prohibit its continuance.  If a nuisance under this section exists or is threatened, the court shall grant a permanent injunction against the person responsible for the nuisance.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 714.004 (2021)
2021 Texas Statutes|Health and Safety Code|Title 8 - Death and Disposition of the Body|Subtitle C - Cemeteries and Crematories|Chapter 714 - Miscellaneous Provisions Relating to Cemeteries|Section 714.004. Removal of Remains From Abandoned Cemetery in County of at Least 525,000

Sec. 714.004.  REMOVAL OF REMAINS FROM ABANDONED CEMETERY IN COUNTY OF AT LEAST 525,000.  (a)  If an abandoned and neglected cemetery in a county with a population of at least 525,000 for which no perpetual care and endowment fund has been regularly and legally established is abated as a nuisance, the court abating the nuisance and enjoining its continuance or the governing body of the municipality in which the cemetery is located may authorize the removal of all bodies, monuments, tombs, and other similar items from the cemetery to a perpetual care cemetery as defined by Section 711.001.(b)  If there is no perpetual care cemetery in the county that under its rules permits the interment of the bodies of the persons that are to be removed, the bodies, monuments, tombs, and other similar items may be removed to a nonperpetual care cemetery that has provided for assessments for the cemetery's future care.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 715.001 (2021)
2021 Texas Statutes|Health and Safety Code|Title 8 - Death and Disposition of the Body|Subtitle C - Cemeteries and Crematories|Chapter 715 - Certain Historic Cemeteries|Section 715.001. Definitions

Sec. 715.001.  DEFINITIONS.  In this chapter:(1)  "Burial park," "cemetery purposes," "crematory," "mausoleum," and "plot" have the meanings assigned by Section 711.001.(2)  "Cemetery" means a place that is used for interment, including a graveyard, burial park, or a mausoleum located on the grounds of a graveyard or burial park.(3)  "Nonprofit corporation" means a corporation not for profit subject to the provisions of the Texas Non-Profit Corporation Act (Article 1396-1.01, et seq., Vernon's Texas Civil Statutes).|Added by Acts 1995, 74th Leg., ch. 899, Sec. 1, eff. Aug. 28, 1995.|
TX Health & Safety Code § 715.002 (2021)
2021 Texas Statutes|Health and Safety Code|Title 8 - Death and Disposition of the Body|Subtitle C - Cemeteries and Crematories|Chapter 715 - Certain Historic Cemeteries|Section 715.002. Petition of Nonprofit Corporation

Sec. 715.002.  PETITION OF NONPROFIT CORPORATION.  A nonprofit corporation organized under this chapter to restore, operate, and maintain a historic cemetery may petition the district court of the county in which the cemetery is located to authorize the nonprofit corporation to restore, operate, and maintain the cemetery.|Added by Acts 1995, 74th Leg., ch. 899, Sec. 1, eff. Aug. 28, 1995.|
TX Health & Safety Code § 715.003 (2021)
2021 Texas Statutes|Health and Safety Code|Title 8 - Death and Disposition of the Body|Subtitle C - Cemeteries and Crematories|Chapter 715 - Certain Historic Cemeteries|Section 715.003. Parties to Action

Sec. 715.003.  PARTIES TO ACTION.  An action commenced under this chapter shall be brought by the incorporators of the nonprofit corporation on behalf of the nonprofit corporation.  The necessary parties to the action on which citation shall be served under Section 715.006 are:(1)  the record owners of the real property comprising the historic cemetery;(2)  the owners of plots in the cemetery, who may be designated as a class in the petition; and(3)  the Texas Historical Commission.|Added by Acts 1995, 74th Leg., ch. 899, Sec. 1, eff. Aug. 28, 1995.  Amended by Acts 2003, 78th Leg., ch. 562, Sec. 40, eff. Sept. 1, 2003.Amended by: Acts 2019, 86th Leg., R.S., Ch. 124 (H.B. 1540), Sec. 4, eff. September 1, 2019.|
TX Health & Safety Code § 715.004 (2021)
2021 Texas Statutes|Health and Safety Code|Title 8 - Death and Disposition of the Body|Subtitle C - Cemeteries and Crematories|Chapter 715 - Certain Historic Cemeteries|Section 715.004. Contents of Petition

Sec. 715.004.  CONTENTS OF PETITION.  (a)  A petition filed by a nonprofit corporation under this chapter must contain a legal description of the real property comprising the historic cemetery and must aver to the court that:(1)  the nonprofit corporation, through its members and incorporators, has a religious, ethnic, historic, or cultural relationship to the cemetery;(2)  the cemetery was established more than 75 years before the date the action was commenced;(3)  a viable organization of plot owners of the cemetery does not exist;  and(4)  the cemetery threatens or endangers the public health, safety, comfort, or welfare.(b)  The petition must be accompanied by the written plan described by Section 715.005.|Added by Acts 1995, 74th Leg., ch. 899, Sec. 1, eff. Aug. 28, 1995.|
TX Health & Safety Code § 715.005 (2021)
2021 Texas Statutes|Health and Safety Code|Title 8 - Death and Disposition of the Body|Subtitle C - Cemeteries and Crematories|Chapter 715 - Certain Historic Cemeteries|Section 715.005. Written Plan

Sec. 715.005.  WRITTEN PLAN.  (a)  The written plan accompanying the nonprofit corporation's petition must include:(1)  a description of the actions to be taken by the nonprofit corporation to restore, operate, and maintain the historic cemetery, which must include:(A)  repair of any fences;(B)  straightening, leveling, and resetting of memorials or embellishments in the cemetery that are a threat or danger to the public health, safety, comfort, or welfare;(C)  taking proper steps to restore and continuously operate and maintain the cemetery in an orderly and decent fashion that does not endanger the public health, safety, comfort, or welfare;(D)  restoration of damaged memorials; and(E)  restoration and maintenance of cemetery elements as defined by Section 711.001;(2)  the anticipated costs of the actions described under Subdivision (1);(3)  the time that the actions described by Subdivision (1) will be commenced and the time that it is anticipated the actions will be completed;(4)  a description of the actions to be taken by the nonprofit corporation for the proper conduct of its business and for the protection of the cemetery and the principles, plans, and ideals on which the cemetery was established;(5)  the percentage of the total purchase price of each plot in the cemetery sold and conveyed by the nonprofit corporation to be deposited in the trust fund established under Section 715.011, which must be at least 10 percent of the total purchase price of the plot; and(6)  a description of the records to be maintained by the nonprofit corporation, including records regarding:(A)  the sale of plots in the cemetery;(B)  the interments in the cemetery;(C)  the total purchase price received from the sale of each plot in the cemetery;(D)  the percentage of the total purchase price of each plot in the cemetery deposited in the trust fund established under Section 715.011; and(E)  the income received by the nonprofit corporation from the trust fund established under Section 715.011 and the manner in which the income is used by the nonprofit corporation for the maintenance and care of the cemetery.(b)  After the written plan is filed, the court may require that the nonprofit corporation modify the plan to include other matters specified by the court.|Added by Acts 1995, 74th Leg., ch. 899, Sec. 1, eff. Aug. 28, 1995.Amended by: Acts 2009, 81st Leg., R.S., Ch. 914 (H.B. 2927), Sec. 16, eff. September 1, 2009.|
TX Health & Safety Code § 715.006 (2021)
2021 Texas Statutes|Health and Safety Code|Title 8 - Death and Disposition of the Body|Subtitle C - Cemeteries and Crematories|Chapter 715 - Certain Historic Cemeteries|Section 715.006. Service of Citation

Sec. 715.006.  SERVICE OF CITATION.(a)  Before the 31st day after the date an action is commenced by a nonprofit corporation under this chapter, the nonprofit corporation shall cause citation to be issued and served by certified mail, return receipt requested, on:(1)  the record owners of the real property comprising the cemetery at their last known addresses;(2)  the owners of plots in the cemetery at their last known addresses;(3)  the Texas Historical Commission at its office in Austin, Texas; and(4)  the county auditor of the county in which the cemetery is located.(b)  The citation must be accompanied by a copy of the petition.(c)  Except as provided by Section 17.032, Civil Practice and Remedies Code, if the address or identity of a plot owner is not known and cannot be ascertained with reasonable diligence, service by publication shall be made on the plot owner by publishing notice on the public information Internet website maintained as required by Section 72.034, Government Code, and at least three times in a newspaper of general circulation in the county in which the cemetery is located. |Added by Acts 1995, 74th Leg., ch. 899, Sec. 1, eff. Aug. 28, 1995.  Amended by Acts 2003, 78th Leg., ch. 562, Sec. 41, eff. Sept. 1, 2003.Amended by: Acts 2019, 86th Leg., R.S., Ch. 124 (H.B. 1540), Sec. 5, eff. September 1, 2019.Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 10.12, eff. June 1, 2020.|
TX Health & Safety Code § 715.007 (2021)
2021 Texas Statutes|Health and Safety Code|Title 8 - Death and Disposition of the Body|Subtitle C - Cemeteries and Crematories|Chapter 715 - Certain Historic Cemeteries|Section 715.007. Hearing

Sec. 715.007.  HEARING.  (a)  Not later than the 90th day after the date the petition is filed, the court shall hold a hearing on the petition.(b)  Notice of the hearing shall be given by the nonprofit corporation to the parties listed in Section 715.003 not later than the 30th day before the date of the hearing.(c)  The notice shall be given in the manner prescribed by Section 715.006 for service of citation.(d)  At the hearing, each of the parties listed in Section 715.003 shall be given an opportunity to be heard by the court and to answer the petition of the nonprofit corporation.|Added by Acts 1995, 74th Leg., ch. 899, Sec. 1, eff. Aug. 28, 1995.|
TX Health & Safety Code § 715.008 (2021)
2021 Texas Statutes|Health and Safety Code|Title 8 - Death and Disposition of the Body|Subtitle C - Cemeteries and Crematories|Chapter 715 - Certain Historic Cemeteries|Section 715.008. Court Order

Sec. 715.008.  COURT ORDER.  (a)  The court shall issue an order authorizing the nonprofit corporation to restore, operate, and maintain the cemetery if the court finds that:(1)  the facts stated in the petition filed by a nonprofit corporation under this chapter are true and correct;(2)  the written plan accompanying the petition demonstrates the nonprofit corporation's ability to restore, operate, and maintain the historic cemetery in accordance with this chapter;  and(3)  authorizing the nonprofit corporation to restore, operate, and maintain the cemetery is in the best interest of the public.(b)  The written plan must be incorporated in the court's order.(c)  The court's order is binding on all parties to the action.(d)  The court retains continuing jurisdiction to monitor and review compliance with the court's order.|Added by Acts 1995, 74th Leg., ch. 899, Sec. 1, eff. Aug. 28, 1995.|
TX Health & Safety Code § 715.009 (2021)
2021 Texas Statutes|Health and Safety Code|Title 8 - Death and Disposition of the Body|Subtitle C - Cemeteries and Crematories|Chapter 715 - Certain Historic Cemeteries|Section 715.009. Nonprofit Corporation

Sec. 715.009.  NONPROFIT CORPORATION.  (a)  The members of a nonprofit corporation authorized to restore, operate, and maintain a historic cemetery are the plot and property owners of the cemetery.(b)  Each plot owner may exercise the rights and privileges of a member of the nonprofit corporation without regard to whether the plot owner acquired the plot before or after the nonprofit corporation was organized.|Added by Acts 1995, 74th Leg., ch. 899, Sec. 1, eff. Aug. 28, 1995.|
TX Health & Safety Code § 715.010 (2021)
2021 Texas Statutes|Health and Safety Code|Title 8 - Death and Disposition of the Body|Subtitle C - Cemeteries and Crematories|Chapter 715 - Certain Historic Cemeteries|Section 715.010. Organizational Meeting

Sec. 715.010.  ORGANIZATIONAL MEETING.  (a)  A nonprofit corporation authorized to restore, operate, and maintain a historic cemetery shall, not later than the 10th day after the date of the order of the court under Section 715.008:(1)  publish notice of the time and place of the organizational meeting of the members of the nonprofit corporation in a newspaper having general circulation in the county in which the cemetery is located or, if there is no newspaper of general circulation in the county in which the cemetery is located, in a newspaper of general circulation in an adjoining county;  and(2)  post written notice of the time and place of the meeting at the cemetery.(b)  The notice published under Subsection (a)(1) must be published not later than the 30th day before the date of the meeting and repeated twice before the date of the meeting.  The notice may not be published more than once a week.(c)  The written notice posted under Subsection (a)(2) must be posted not later than the 30th day before the date of the hearing and must remain posted until the date of the hearing.(d)  At the organizational meeting of the members of a nonprofit corporation authorized to restore, operate, and maintain a historic cemetery, a majority of the members present and voting at the meeting shall elect a board of directors of the nonprofit corporation.  Directors and officers are not required to be members of the nonprofit corporation.|Added by Acts 1995, 74th Leg., ch. 899, Sec. 1, eff. Aug. 28, 1995.|