reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle C - Cemeteries and Crematories › Chapter 713 - Local Regulation of Cemeteries › Subchapter B. County Regulation of Cemeteries › Section 713.029. County Authority to Purchase Burial Grounds for Veterans

Sec. 713.029.  COUNTY AUTHORITY TO PURCHASE BURIAL GROUNDS FOR VETERANS.  (a)  A commissioners court may purchase burial grounds to be used exclusively for the burial of honorably discharged persons who:
(1)  have served in the United States armed forces during a war in which the United States participated;  and
(2)  die without leaving sufficient means to pay funeral expenses.
(b)  A commissioners court may not purchase burial grounds under this section if there is a national military cemetery or other military plot in the county in which honorably discharged veterans of the United States armed forces may be buried free of charge.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 715.011. Powers and Duties of Nonprofit Corporation; Trust Fund

Sec. 715.011.  POWERS AND DUTIES OF NONPROFIT CORPORATION;  TRUST FUND.  (a)  A nonprofit corporation authorized to restore, operate, and maintain a historic cemetery may divide cemetery property into lots and subdivisions for cemetery purposes and charge reasonable assessments on the property for the purposes of general improvement and maintenance of the cemetery.
(b)  The nonprofit corporation may sell and convey the exclusive right of sepulture in any unsold plot in the cemetery if, before the sale and conveyance of any right of sepulture, the nonprofit corporation establishes a trust fund to provide for the perpetual maintenance of the cemetery.
(c)  The county auditor of the county in which the cemetery is located shall act as the trustee of the trust fund.
(d)  The nonprofit corporation shall deposit in the trust fund the amount required under the written plan incorporated in the court's order not later than the 20th day after the last day of the month in which the total purchase price of a plot has been paid in full.
(e)  The nonprofit corporation shall file a monthly statement with the county auditor, signed by the president and secretary of the nonprofit corporation, that verifies that all funds required to be deposited in the trust fund during the preceding month have been deposited in the trust fund and that any income disbursed from the trust fund during the preceding month was used by the nonprofit corporation for the maintenance and care of the cemetery.
(f)  The principal of a trust fund established under this section may not be reduced voluntarily, and it must remain inviolable.
(g)  The trust fund and the trustee are governed by Title 9, Property Code.
(h)  The trustee may receive and hold as part of the trust fund any property contributed as a gift or grant to the trust fund for the perpetual maintenance of the historic cemetery.
(i)  The income of the trust fund may be applied in the manner the directors of the nonprofit corporation determine to be for the best interest of the cemetery and may be used only for the maintenance and care of the cemetery.
(j)  A district court of the county in which the historic cemetery is located shall appoint a suitable successor trustee of a trust fund established under this section if the county auditor resigns the position of trustee of the trust fund or fails to act as its trustee.
(k)  The county auditor or other person who acts as the trustee of a trust fund established under this section is not civilly or criminally liable for acts performed in the good faith administration of the trust fund.
Added by Acts 1995, 74th Leg., ch. 899, Sec. 1, eff. Aug. 28, 1995.
2023 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 715.012. Crematory Prohibited

Sec. 715.012.  CREMATORY PROHIBITED.  A nonprofit corporation authorized to restore, operate, and maintain a cemetery under this chapter may not construct, establish, or maintain a crematory.
Added by Acts 1995, 74th Leg., ch. 899, Sec. 1, eff. Aug. 28, 1995.
2023 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 715.013. Adjacent or Contiguous Cemetery

Sec. 715.013.  ADJACENT OR CONTIGUOUS CEMETERY.  A nonprofit corporation authorized to restore, operate, and maintain a historic cemetery may not acquire land for cemetery purposes that is adjacent or contiguous to the cemetery unless the adjacent or contiguous land is operated as a perpetual care cemetery under Chapter 712.  The nonprofit corporation may not petition the district court of the county in which the cemetery is located to remove the dedication with respect to all or any portion of the cemetery.
Added by Acts 1995, 74th Leg., ch. 899, Sec. 1, eff. Aug. 28, 1995.
2023 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 715.014. Cemetery Open to Public

Sec. 715.014.  CEMETERY OPEN TO PUBLIC.  A historic cemetery restored, operated, and maintained by a nonprofit corporation under this chapter must remain open to the public.
Added by Acts 1995, 74th Leg., ch. 899, Sec. 1, eff. Aug. 28, 1995.
2023 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 715.015. Exemption

Sec. 715.015.  EXEMPTION.  This chapter does not apply to:
(1)  a perpetual care cemetery;  or
(2)  a family cemetery.
Added by Acts 1995, 74th Leg., ch. 899, Sec. 1, eff. Aug. 28, 1995.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle C - Cemeteries and Crematories › Chapter 716 - Crematories › Subchapter A. General Provisions › Section 716.002. Cremation Rules

Sec. 716.002.  CREMATION RULES.  The commission may adopt rules consistent with this chapter and Chapter 651, Occupations Code, to govern the cremation of human remains.
Added by Acts 2003, 78th Leg., ch. 178, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle C - Cemeteries and Crematories › Chapter 716 - Crematories › Subchapter A. General Provisions › Section 716.003. Location of Crematory

Sec. 716.003.  LOCATION OF CREMATORY.  (a)  A crematory may be constructed on or adjacent to a perpetual care cemetery or adjacent to a funeral establishment.
(b)  A crematory, other than a crematory registered with the commission on September 1, 2003, must:
(1)  be adjacent to a perpetual care cemetery or funeral establishment;  and
(2)  be owned or operated by the person that owns or operates the perpetual care cemetery or funeral establishment.
(c)  In this section, "adjacent to" means that a part of the property on which the crematory is to be constructed has a common boundary with:
(1)  the perpetual care cemetery or property on which the funeral establishment is located;  or
(2)  a public easement, a utility easement, or a railroad right-of-way that has a common boundary with the perpetual care cemetery or property on which the funeral establishment is located.
Added by Acts 2003, 78th Leg., ch. 178, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle C - Cemeteries and Crematories › Chapter 716 - Crematories › Subchapter A. General Provisions › Section 716.0035. Acceptance of Remains

Sec. 716.0035.  ACCEPTANCE OF REMAINS.  A crematory establishment may accept deceased human remains for refrigeration before it receives authorization to cremate the remains under Subchapter B.
Added by Acts 2009, 81st Leg., R.S., Ch. 263 (H.B. 1468), Sec. 10, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle C - Cemeteries and Crematories › Chapter 716 - Crematories › Subchapter A. General Provisions › Section 716.004. Waiting Period for Cremation

Sec. 716.004.  WAITING PERIOD FOR CREMATION.  (a)  A crematory establishment may not cremate human remains within 48 hours of the time of death indicated on a death certificate unless the waiting period is waived in writing by:
(1)  a justice of the peace or medical examiner of the county in which the death occurred;  or
(2)  a court order.
(b)  A justice of the peace or medical examiner's office authorized to grant a waiver under Subsection (a) shall adopt a written policy for requesting a waiver under Subsection (a).  In adopting the written policy, the justice of the peace or medical examiner's office shall consider how a person makes a request, and how the justice of the peace or medical examiner may process the request as quickly as possible.  The written policy must outline the process of making a request for a waiver under Subsection (a) during regular business hours and outside of regular business hours, including on a weekend day or holiday.
Added by Acts 2003, 78th Leg., ch. 178, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 263 (H.B. 1468), Sec. 33(1), eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 237 (S.B. 292), Sec. 1, eff. May 29, 2015.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle C - Cemeteries and Crematories › Chapter 716 - Crematories › Subchapter A. General Provisions › Section 716.005. Crematory Establishment Procedures

Sec. 716.005.  CREMATORY ESTABLISHMENT PROCEDURES.  A crematory establishment may adopt procedures not inconsistent with this chapter for the management and operation of a crematory.
Added by Acts 2003, 78th Leg., ch. 178, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle C - Cemeteries and Crematories › Chapter 716 - Crematories › Subchapter A. General Provisions › Section 716.006. Applicability of Chapter to Other Law

Sec. 716.006.  APPLICABILITY OF CHAPTER TO OTHER LAW.  This chapter may not be construed to require a funeral director to perform any act not otherwise authorized by other law.
Added by Acts 2003, 78th Leg., ch. 178, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle C - Cemeteries and Crematories › Chapter 716 - Crematories › Subchapter B. Authorization Requirements › Section 716.051. Cremation Authorization

Sec. 716.051.  CREMATION AUTHORIZATION.  Except as otherwise provided in this chapter, a crematory establishment may not cremate deceased human remains until it receives:
(1)  a cremation authorization form signed by an authorizing agent;  and
(2)  a death certificate or other death record that indicates the deceased human remains may be cremated.
Added by Acts 2003, 78th Leg., ch. 178, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle C - Cemeteries and Crematories › Chapter 716 - Crematories › Subchapter B. Authorization Requirements › Section 716.053. Delegation of Cremation Authorization Authority

Sec. 716.053.  DELEGATION OF CREMATION AUTHORIZATION AUTHORITY.  (a)  An authorizing agent may delegate to a representative in writing the authority to execute a cremation authorization form.
(b)  An authorizing agent's written delegation of authority must be notarized and include:
(1)  the name and address of the authorizing agent and the relationship of the authorizing agent to the deceased person;
(2)  the name and address of the representative;  and
(3)  an acknowledgment by the authorizing agent that the representative may serve as the authorizing agent and execute the cremation authorization form.
(c)  A crematory establishment is not liable in a civil action for relying on a cremation authorization form executed by a representative of the authorizing agent to whom authority is delegated in accordance with this section.
Added by Acts 2003, 78th Leg., ch. 178, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle C - Cemeteries and Crematories › Chapter 716 - Crematories › Subchapter B. Authorization Requirements › Section 716.054. Exception; Written Directions

Sec. 716.054.  EXCEPTION; WRITTEN DIRECTIONS.  (a)  This section applies and a cremation authorization form is not required under this chapter if:
(1)  the deceased person has left written directions for the disposition by cremation of the deceased person's human remains as provided by Section 711.002(g); and
(2)  the authorizing agent refuses for any reason to sign a cremation authorization form.
(b)  The crematory establishment may cremate the deceased person's human remains without receipt of a cremation authorization form signed by the authorizing agent if:
(1)  cremation costs are paid; and
(2)  the authorizing agent provides positive written identification that the human remains to be cremated are the human remains of the deceased person.
Added by Acts 2009, 81st Leg., R.S., Ch. 263 (H.B. 1468), Sec. 11, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle C - Cemeteries and Crematories › Chapter 716 - Crematories › Subchapter C. Receipt and Identification of Remains › Section 716.101. Unidentified Human Remains

Sec. 716.101.  UNIDENTIFIED HUMAN REMAINS.  (a)  Except as provided by Subsection (b), a crematory establishment may not accept for cremation unidentified human remains.
(b)  Notwithstanding any other provision of this chapter, a crematory establishment may accept for cremation unidentified human remains from a county on the order of:
(1)  the county commissioners court; or
(2)  a court located in the county.
Added by Acts 2003, 78th Leg., ch. 178, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 747 (S.B. 571), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle C - Cemeteries and Crematories › Chapter 716 - Crematories › Subchapter C. Receipt and Identification of Remains › Section 716.102. Receipt Acknowledging Acceptance of Remains

Sec. 716.102.  RECEIPT ACKNOWLEDGING ACCEPTANCE OF REMAINS.  (a)  A crematory establishment shall furnish to a representative of a funeral establishment who delivers deceased human remains to the crematory establishment a receipt that includes:
(1)  the signature and printed name of the representative who delivered the remains;
(2)  the date and time of the delivery;
(3)  the type of cremation container in which the remains were delivered;
(4)  the name of the funeral establishment or other entity that contracted to provide for the cremation;
(5)  the name of the individual who received the human remains on behalf of the crematory;  and
(6)  the name of the deceased person.
(b)  The crematory establishment shall retain a copy of the receipt required by Subsection (a) in the crematory establishment's records.
Added by Acts 2003, 78th Leg., ch. 178, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle C - Cemeteries and Crematories › Chapter 716 - Crematories › Subchapter C. Receipt and Identification of Remains › Section 716.103. Identification Responsibility of Crematory

Sec. 716.103.  IDENTIFICATION RESPONSIBILITY OF CREMATORY.  (a)  A crematory establishment shall place on the exterior of a cremation container a label with the deceased person's name as provided by the authorizing agent unless the crematory establishment knows the name is incorrect.
(b)  A crematory establishment shall place, with the cremated remains, in the temporary container, urn, or other permanent container, a permanent metal identification disc, bracelet, or other item that can be used to identify the deceased person.
Added by Acts 2003, 78th Leg., ch. 178, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 263 (H.B. 1468), Sec. 12, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle C - Cemeteries and Crematories › Chapter 716 - Crematories › Subchapter C. Receipt and Identification of Remains › Section 716.104. Identification Responsibilities of Funeral Director or Establishment

Sec. 716.104.  IDENTIFICATION RESPONSIBILITIES OF FUNERAL DIRECTOR OR ESTABLISHMENT.  (a)  Except as provided by Section 716.054, a funeral director or funeral establishment shall provide a signed written statement to a crematory establishment that the human remains delivered to the crematory establishment were positively identified as the deceased person listed on the cremation authorization form by the authorizing agent or a representative of the authorizing agent delegated as provided by Section 716.053.
(b)  An authorizing agent or the delegated representative of the agent may identify a deceased person in person or by photograph.  The authorizing agent may waive the right of identification.
Added by Acts 2003, 78th Leg., ch. 178, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 263 (H.B. 1468), Sec. 13, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle C - Cemeteries and Crematories › Chapter 716 - Crematories › Subchapter D. Cremation Procedures › Section 716.151. Cremation Containers

Sec. 716.151.  CREMATION CONTAINERS.  (a)  Human remains must be placed in a cremation container that:
(1)  is made of combustible materials suitable for cremation;
(2)  provides a complete covering of the body;
(3)  is resistant to leakage or spillage;
(4)  is rigid for easy handling;  and
(5)  protects the health and safety of crematory personnel.
(b)  A crematory establishment may not remove human remains from a cremation container and must cremate the cremation container with the human remains.
(c)  Except as provided by this section, a crematory establishment may not:
(1)  require that deceased human remains be placed in a casket before cremation or that remains be cremated in a casket;  or
(2)  refuse to accept for cremation remains that have not been placed in a casket.
Added by Acts 2003, 78th Leg., ch. 178, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle C - Cemeteries and Crematories › Chapter 716 - Crematories › Subchapter D. Cremation Procedures › Section 716.152. Cremation Process

Sec. 716.152.  CREMATION PROCESS.  (a)  A crematory establishment is not required to accept a cremation container that evidences leakage of human body fluids.
(b)  A person other than a crematory establishment employee, the authorizing agent, or representatives delegated as provided by Section 716.053 and approved by the crematory establishment may not be present in a crematory area during:
(1)  the cremation of deceased human remains;  or
(2)  the removal of the remains from the cremation chamber.
(c)  Immediately before placing deceased human remains in a cremation chamber, a crematory establishment employee must verify and remove the identification label from the cremation container and place the label near the cremation chamber control panel until the cremation process is complete.
(d)  To the extent practicable, the crematory establishment shall remove all recoverable cremation residue from the cremation chamber following cremation and pulverize any bone fragments to a particle size of one-eighth inch or less as necessary.  The crematory establishment shall remove and dispose of any other material included with the residue.
Added by Acts 2003, 78th Leg., ch. 178, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 263 (H.B. 1468), Sec. 14, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle C - Cemeteries and Crematories › Chapter 716 - Crematories › Subchapter D. Cremation Procedures › Section 716.153. Simultaneous Cremation

Sec. 716.153.  SIMULTANEOUS CREMATION.  (a)  A crematory establishment may not simultaneously cremate the deceased human remains of more than one person in the same cremation chamber unless authorized in writing by the authorizing agent of each deceased person.
(b)  A crematory establishment is not civilly or criminally liable for commingling human remains during cremation if each authorizing agent provides a signed written statement authorizing the simultaneous cremation.
Added by Acts 2003, 78th Leg., ch. 178, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle C - Cemeteries and Crematories › Chapter 716 - Crematories › Subchapter D. Cremation Procedures › Section 716.154. Pacemakers

Sec. 716.154.  PACEMAKERS.  (a)  A crematory establishment may not knowingly cremate deceased human remains containing a pacemaker or other potentially hazardous implant.
(b)  An authorizing agent who knows of the existence of a pacemaker or other potentially hazardous implant in deceased human remains shall notify the funeral director and crematory establishment.  The authorizing agent shall ensure that the pacemaker or other potentially hazardous implant is removed from the remains before cremation.
(c)  If an authorizing agent discloses to the funeral director on the cremation authorization form the presence of a pacemaker or other potentially hazardous implant in the deceased human remains, the funeral director shall ensure that the pacemaker or other potentially hazardous implant is removed from the remains before delivering the remains to the crematory establishment.
(d)  An authorizing agent or funeral director that violates Subsection (b) or (c) is liable to the crematory establishment in a civil action for any damages resulting from cremation of the remains containing the pacemaker or other potentially hazardous implant.
Added by Acts 2003, 78th Leg., ch. 178, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle C - Cemeteries and Crematories › Chapter 716 - Crematories › Subchapter D. Cremation Procedures › Section 716.155. Temporary Container or Urn

Sec. 716.155.  TEMPORARY CONTAINER OR URN.  (a)  A crematory establishment shall place the cremated remains with proper identification in a temporary container or urn unless otherwise instructed in writing by the authorizing agent.
(b)  The crematory establishment may not commingle the cremated remains with other cremated remains or include any other object or material in the temporary container or urn unless authorized in writing by the authorizing agent unless otherwise provided by this chapter.
(c)  A crematory establishment shall place a label on a temporary container that:
(1)  discloses the temporary container is not intended for the permanent storage of cremated remains in a niche, crypt, cremation interment container, or interment space;
(2)  includes the deceased person's name;  and
(3)  includes the name of the crematory establishment.
(d)  A crematory establishment shall release all cremated remains to an authorizing agent, a representative delegated as provided by Section 716.053, or an employee of the funeral establishment if the authorizing agent authorized the release on the authorization form.  Any cremated remains that do not fit in a temporary container or urn must be returned to the authorizing agent, representative, or employee in a separate temporary container that meets the requirements of this section.
(e)  A crematory establishment may ship cremated remains only by a method with an internal tracking system that provides a receipt signed by the person accepting delivery.  The outside of the container in which the cremated remains are placed for shipment must display a label that includes:
(1)  the deceased person's name;
(2)  the name of the crematory establishment;  and
(3)  a warning that the container is temporary, if a temporary container is used.
Added by Acts 2003, 78th Leg., ch. 178, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle C - Cemeteries and Crematories › Chapter 716 - Crematories › Subchapter D. Cremation Procedures › Section 716.156. Release of Remains

Sec. 716.156.  RELEASE OF REMAINS.  (a)  A crematory establishment shall:
(1)  release the cremated remains to a representative of the funeral establishment that delivered the deceased human remains to the crematory establishment;
(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.
Added by Acts 2003, 78th Leg., ch. 178, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 263 (H.B. 1468), Sec. 15, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle C - Cemeteries and Crematories › Chapter 716 - Crematories › Subchapter D. Cremation Procedures › Section 716.157. Incineration of United States Flag or State Flag Through Cremation Process

Sec. 716.157.  INCINERATION OF UNITED STATES FLAG OR STATE FLAG THROUGH CREMATION PROCESS.  (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 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
(2)  ensure that incineration of the flag is in accordance with 4 U.S.C. Section 8 and Chapter 3100, Government Code, as applicable.
Added by Acts 2023, 88th Leg., R.S., Ch. 474 (H.B. 587), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle C - Cemeteries and Crematories › Chapter 716 - Crematories › Subchapter E. Disputes and Liability › Section 716.201. Cremation Dispute

Sec. 716.201.  CREMATION DISPUTE.  (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).
Added by Acts 2003, 78th Leg., ch. 178, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle C - Cemeteries and Crematories › Chapter 716 - Crematories › Subchapter E. Disputes and Liability › Section 716.202. Liability of Authorizing Agent

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.
Added by Acts 2003, 78th Leg., ch. 178, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle C - Cemeteries and Crematories › Chapter 716 - Crematories › Subchapter E. Disputes and Liability › Section 716.203. Liability of Crematory Establishment, Funeral Establishment, Funeral Director, Cemetery, or Other Person

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.
(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.
(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.
Added by Acts 2003, 78th Leg., ch. 178, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle C - Cemeteries and Crematories › Chapter 716 - Crematories › Subchapter E. Disputes and Liability › Section 716.204. Immunity From Criminal and Civil Liability; Written Directions

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.
Added by Acts 2009, 81st Leg., R.S., Ch. 263 (H.B. 1468), Sec. 16, eff. September 1, 2009.