reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 692A - Revised Uniform Anatomical Gift Act › Section 692A.021. Effect of Anatomical Gift on Advance Directive

Sec. 692A.021.  EFFECT OF ANATOMICAL GIFT ON ADVANCE DIRECTIVE.  (a)  In this section:
(1)  "Advance directive" means a medical power of attorney or a record signed or authorized by a prospective donor containing the prospective donor's direction concerning a health-care decision for the prospective donor.
(2)  "Declaration" means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective donor.
(3)  "Health-care decision" means any decision made regarding the health care of the prospective donor.
(b)  If a prospective donor has a declaration or advance directive and the terms of the declaration or directive and the express or implied terms of a potential anatomical gift are in conflict with regard to the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy, the prospective donor's attending physician and prospective donor shall confer to resolve the conflict.  If the prospective donor is incapable of resolving the conflict, an agent acting under the prospective donor's declaration or directive, or, if the agent is not reasonably available, another person authorized by law other than this chapter to make health-care decisions on behalf of the prospective donor, shall act on the prospective donor's behalf to resolve the conflict.  The conflict must be resolved as expeditiously as possible.  Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift for the prospective donor under Section 692A.009.  Before resolution of the conflict, measures necessary to ensure the medical suitability of the part may not be withheld or withdrawn from the prospective donor.
(c)  If the conflict cannot be resolved, an expedited review of the matter must be initiated by an ethics or medical committee of the appropriate health care facility.
Added by Acts 2009, 81st Leg., R.S., Ch. 186 (H.B. 2027), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 692A - Revised Uniform Anatomical Gift Act › Section 692A.022. Uniformity of Application and Construction

Sec. 692A.022.  UNIFORMITY OF APPLICATION AND CONSTRUCTION.  In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to the subject matter of this chapter among states that enact a law substantially similar to this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 186 (H.B. 2027), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 692A - Revised Uniform Anatomical Gift Act › Section 692A.023. Relation to Electronic Signatures in Global and National Commerce Act

Sec. 692A.023.  RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.  This chapter modifies, limits, and supersedes the provisions of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.), but does not modify, limit, or supersede Section 101(a) of that Act (15 U.S.C. Section 7001(a)), or authorize electronic delivery of any of the notices described in Section 103 of that Act (15 U.S.C. Section 7003(b)).
Added by Acts 2009, 81st Leg., R.S., Ch. 186 (H.B. 2027), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 693 - Removal of Body Parts, Body Tissue, and Corneal Tissue › Subchapter A. Removal of Body Parts or Tissue › Section 693.001. Definition

Sec. 693.001.  DEFINITION.  In this subchapter, "visceral organ" means the heart, kidney, liver, or other organ or tissue that requires a patient support system to maintain the viability of the organ or tissue.
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 B - Disposition of the Body › Chapter 693 - Removal of Body Parts, Body Tissue, and Corneal Tissue › Subchapter A. Removal of Body Parts or Tissue › Section 693.003. Consent Not Required in Certain Circumstances

Sec. 693.003.  CONSENT NOT REQUIRED IN CERTAIN CIRCUMSTANCES.  If a person listed in Section 692A.009 cannot be identified and contacted within four hours after death is pronounced and the county court determines that no reasonable likelihood exists that a person can be identified and contacted during the four-hour period, the county court may permit the removal of a nonvisceral organ or tissue.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 186 (H.B. 2027), Sec. 6, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 693 - Removal of Body Parts, Body Tissue, and Corneal Tissue › Subchapter A. Removal of Body Parts or Tissue › Section 693.005. Immunity From Damages in Civil Action

Sec. 693.005.  IMMUNITY FROM DAMAGES IN CIVIL ACTION.  In a civil action brought by a person listed in Section 692A.009 who did not object before the removal of tissue or a body part specified by Section 693.002, a medical examiner, justice of the peace, county judge, medical facility, physician acting on permission of a medical examiner, justice of the peace, or county judge, or person assisting a physician is not liable for damages on a theory of civil recovery based on a contention that the plaintiff's consent was required before the body part or tissue could be removed.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 1220, Sec. 1, eff. July 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 186 (H.B. 2027), Sec. 7, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 693 - Removal of Body Parts, Body Tissue, and Corneal Tissue › Subchapter A. Removal of Body Parts or Tissue › Section 693.006. Removal of Corneal Tissue

Sec. 693.006.  REMOVAL OF CORNEAL TISSUE.  On a request from an eye bank, as defined in Section 692A.002, the medical examiner, justice of the peace, county judge, or physician designated by the justice of the peace or county judge may permit the removal of corneal tissue subject to the same provisions that apply to removal of a visceral organ on the request of a procurement organization under this subchapter.  The provisions of Chapter 692A relating to immunity and consent apply to the removal of the corneal tissue.
Added by Acts 2005, 79th Leg., Ch. 1069 (H.B. 1544), Sec. 2, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 186 (H.B. 2027), Sec. 8, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 693 - Removal of Body Parts, Body Tissue, and Corneal Tissue › Subchapter C. Eye Enucleation › Section 693.021. Definition

Sec. 693.021.  DEFINITION.  In this chapter, "ophthalmologist" means a person licensed to practice medicine who specializes in treating eye diseases.
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 B - Disposition of the Body › Chapter 693 - Removal of Body Parts, Body Tissue, and Corneal Tissue › Subchapter C. Eye Enucleation › Section 693.022. Persons Who May Enucleate Eye as Anatomical Gift

Sec. 693.022.  PERSONS WHO MAY ENUCLEATE EYE AS ANATOMICAL GIFT.  Only the following persons may enucleate an eye that is an anatomical gift:
(1)  a licensed physician;
(2)  a licensed doctor of dental surgery or medical dentistry;
(3)  a licensed embalmer;  or
(4)  a technician supervised by a physician.
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 B - Disposition of the Body › Chapter 693 - Removal of Body Parts, Body Tissue, and Corneal Tissue › Subchapter C. Eye Enucleation › Section 693.023. Eye Enucleation Course

Sec. 693.023.  EYE ENUCLEATION COURSE.  Each person, other than a licensed physician, who performs an eye enucleation must complete a course in eye enucleation taught by an ophthalmologist and must possess a certificate showing that the course has been completed.
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 B - Disposition of the Body › Chapter 693 - Removal of Body Parts, Body Tissue, and Corneal Tissue › Subchapter C. Eye Enucleation › Section 693.024. Requisites of Eye Enucleation Course

Sec. 693.024.  REQUISITES OF EYE ENUCLEATION COURSE.  The course in eye enucleation prescribed by Section 693.023 must include instruction in:
(1)  the anatomy and physiology of the eye;
(2)  maintaining a sterile field during the procedure;
(3)  use of the appropriate instruments;  and
(4)  procedures for the sterile removal of the corneal button and the preservation of it in a preservative fluid.
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 B - Disposition of the Body › Chapter 694 - Burial › Section 694.001. Duties of Department of State Health Services

Sec. 694.001.  DUTIES OF DEPARTMENT OF STATE HEALTH SERVICES.  The Department of State Health Services shall regulate the disposal, transportation, interment, and disinterment of dead bodies to the extent reasonable and necessary to protect public health and safety.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1506, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 694 - Burial › Section 694.002. Duty of Commissioners Court Concerning Disposition of Body of Deceased Paupers

Sec. 694.002.  DUTY OF COMMISSIONERS COURT CONCERNING DISPOSITION OF BODY OF DECEASED PAUPERS.  (a)  The commissioners court of each county shall provide for the disposition of the body of a deceased pauper.  The commissioners court may adopt rules to implement this section.
(b)  The commissioners court shall consider any information, including the religious affiliation of the deceased pauper, provided by a person listed in Section 711.002(a).
(c)  If a county discovers cash in the possession of a deceased pauper, a county may use the cash to pay the actual costs incurred by the county in disposing of the pauper's body.
(d)  If any cash remains after the county has paid the costs of disposing of the body under Subsection (c), the county shall place the cash in trust.  A person having a claim to the money in trust must exercise the right to collect the money not later than the first anniversary of the date of disposition of the pauper's body.
(e)  A county may create a fund to be used by the county to pay the costs incurred in disposing of the bodies of deceased paupers and administering the county's body disposition activities.  If money placed in a trust under Subsection (d) is not claimed by the first anniversary of the date of disposition of the pauper's body, the county may transfer the money to the fund created under this subsection.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 211, eff. Sept. 1, 1991;  Acts 1999, 76th Leg., ch. 929, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 404 (H.B. 1843), Sec. 1, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 480 (S.B. 530), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 694 - Burial › Section 694.003. Power of Governing Body of Type a General-Law Municipality Concerning Burial

Sec. 694.003.  POWER OF GOVERNING BODY OF TYPE A GENERAL-LAW MUNICIPALITY CONCERNING BURIAL.  The governing body of a Type A general-law municipality may regulate the burial of the dead.
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 B - Disposition of the Body › Chapter 695 - In-Casket Identification › Section 695.001. Definitions

Sec. 695.001.  DEFINITIONS.  In this chapter:
(1)  "Casket" means a container used to hold the remains of a deceased person.
(2)  "Commission" means the Texas Funeral Service Commission.
Added by Acts 2009, 81st Leg., R.S., Ch. 263 (H.B. 1468), Sec. 2, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 3.03, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 695 - In-Casket Identification › Section 695.002. Identification of Deceased Person

Sec. 695.002.  IDENTIFICATION OF DECEASED PERSON.  The commission shall ensure a casket contains identification of the deceased person, including the person's name, date of birth, and date of death.
Added by Acts 2009, 81st Leg., R.S., Ch. 263 (H.B. 1468), Sec. 2, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 3.03, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 695 - In-Casket Identification › Section 695.003. Rules

Sec. 695.003.  RULES.  The commission may adopt rules to enforce this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 263 (H.B. 1468), Sec. 2, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 3.03, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 696 - Disposition of Unclaimed Cremated Remains › Section 696.001. Definitions

Sec. 696.001.  DEFINITIONS.  In this chapter:
(1)  "Verification information" means data required by the United States Department of Veterans Affairs to verify whether a person is a veteran or a veteran's dependent eligible for burial in a veterans cemetery, including a copy of the person's death certificate and the person's name, service number, social security number, date of birth, date of death, and place of birth.
(2)  "Veterans' service organization" means:
(A)  a veterans' organization that is chartered by the United States Congress;
(B)  a veterans' service organization recognized by the United States Department of Veterans Affairs; or
(C)  a veterans' service organization that is organized for verifying whether a person is a veteran or a veteran's dependent and providing for interment of veterans and their dependents and that is exempt from the payment of federal income taxes under Section 501(c) of the Internal Revenue Code of 1986 by being listed as an exempt organization under Section 501(c)(3) or 501(c)(19) of that code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 373 (H.B. 3064), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 696 - Disposition of Unclaimed Cremated Remains › Section 696.002. Applicability

Sec. 696.002.  APPLICABILITY.  This chapter applies to any person who possesses unclaimed cremated remains, including a funeral establishment or funeral director licensed under Chapter 651, Occupations Code, a coroner, or a crematory.
Added by Acts 2013, 83rd Leg., R.S., Ch. 373 (H.B. 3064), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 696 - Disposition of Unclaimed Cremated Remains › Section 696.003. Authorization to Release Information

Sec. 696.003.  AUTHORIZATION TO RELEASE INFORMATION.  A person who possesses unclaimed cremated remains may release to the United States Department of Veterans Affairs or a veterans' service organization verification information associated with the remains to verify whether the remains are the remains of a person who was a veteran or a veteran's dependent eligible to be interred in a veterans cemetery if:
(1)  the person has possessed the cremated remains for at least five years;
(2)  the person authorized to dispose of the decedent's remains under Section 711.002 has not claimed the cremated remains; and
(3)  the person made a reasonable effort to locate a relative of the decedent to claim the remains, including publishing notice in a newspaper of general circulation in the county in which the person is located, and more than 30 days have passed since the person first made an effort to locate a relative of the decedent.
Added by Acts 2013, 83rd Leg., R.S., Ch. 373 (H.B. 3064), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 696 - Disposition of Unclaimed Cremated Remains › Section 696.004. Transfer of Unclaimed Cremated Remains

Sec. 696.004.  TRANSFER OF UNCLAIMED CREMATED REMAINS.  A person who receives notice from the United States Department of Veterans Affairs or a veterans' service organization that the unclaimed cremated remains are the remains of a veteran or veteran's dependent eligible to be interred in a veterans cemetery may:
(1)  transport the cremated remains to the veterans cemetery for burial; or
(2)  transfer the cremated remains to a veterans' service organization that will ensure that the cremated remains are interred in a veterans cemetery.
Added by Acts 2013, 83rd Leg., R.S., Ch. 373 (H.B. 3064), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle B - Disposition of the Body › Chapter 696 - Disposition of Unclaimed Cremated Remains › Section 696.005. Civil Immunity

Sec. 696.005.  CIVIL IMMUNITY.  (a)  A person who releases verification information as authorized by this chapter or who transfers cremated remains to a veterans' service organization or a veterans cemetery as authorized by this chapter is immune from civil liability for damages resulting from the release or transfer.
(b)  A veterans' service organization that inters cremated remains in a veterans cemetery as authorized by this chapter is immune from civil liability for damages arising from the interment.
Added by Acts 2013, 83rd Leg., R.S., Ch. 373 (H.B. 3064), Sec. 1, eff. September 1, 2013.
2023 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 697.001. Purpose

Sec. 697.001.  PURPOSE.  The purpose of this chapter is to express the state's profound respect for the life of the unborn by providing for a dignified 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Texas Statutes › 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 › Section 711.003. Records of Interment

Sec. 711.003.  RECORDS OF INTERMENT.  A record shall be kept of each interment in a cemetery.  The record must include:
(1)  the date the remains are received;
(2)  the date the remains are interred;
(3)  the name and age of the person interred if those facts can be conveniently obtained;  and
(4)  the identity of the plot in which the remains are interred.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 634, Sec. 3, eff. Sept. 1, 1993.
2023 Texas Statutes › 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 › Section 711.007. Nuisance; Abatement and Injunction

Sec. 711.007.  NUISANCE;  ABATEMENT AND INJUNCTION.  (a)  A district court of the county in which a cemetery is located may, by order, abate the cemetery as a nuisance and enjoin its continuance if the cemetery is:
(1)  maintained, located, or used in violation of this chapter or Chapter 712; or
(2)  neglected so that it is offensive to the inhabitants of the surrounding section.
(b)  The proceeding may be brought by:
(1)  the attorney general;
(2)  the Banking Commissioner of Texas;
(3)  the governing body of a municipality with a population of more than 25,000, if the cemetery is located in the municipality or not farther than five miles from the municipality;
(4)  the district attorney of the county, if the cemetery is located in an area of the county not described by Subdivision (3);
(5)  the owner of a residence:
(A)  in or near the municipality in which the cemetery is located; or
(B)  in the area proscribed for the location of a cemetery by Section 711.008; or
(6)  the owner of a plot in the cemetery.
(c)  The court shall grant a permanent injunction against each person responsible for the nuisance if a cemetery nuisance exists or is threatened.
(d)  If a cemetery nuisance under Subsection (a)(2) is located in a municipality, the governing body of the municipality may authorize the removal of all bodies, monuments, tombs, or other similar items from the cemetery to a perpetual care cemetery.
(e)  Notice of an action under this section must be provided to the Texas Historical Commission and to the county historical commission of the county in which the cemetery is located.  The Texas Historical Commission and the county historical commission may intervene and become parties to the suit.
(f)  In an action under this section, the court shall determine:
(1)  whether the cemetery nuisance must be abated by repair and restoration or by removal of the cemetery; and
(2)  the party or parties liable for the costs associated with the abatement.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 634, Sec. 6, eff. Sept. 1, 1993;  Acts 2003, 78th Leg., ch. 562, Sec. 33, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 914 (H.B. 2927), Sec. 3, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 124 (H.B. 1540), Sec. 1, 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 711 - General Provisions Relating to Cemeteries › Subchapter A. General Provisions › Section 711.009. Authority of Cemetery Keeper

Sec. 711.009.  AUTHORITY OF CEMETERY KEEPER.  (a)  The superintendent, sexton, or other person in charge of a cemetery has the same powers, duties, and immunities granted by law to:
(1)  a police officer in the municipality in which the cemetery is located;  or
(2)  a constable or sheriff of the county in which the cemetery is located if the cemetery is outside a municipality.
(b)  A person who is granted authority under Subsection (a) shall maintain order and enforce the cemetery organization's rules, state law, and municipal ordinances in the cemetery over which that person has charge and as near the cemetery as necessary to protect cemetery property.
(c)  This section applies only to a cemetery located in a municipality with a population of 40,000 or more or in a county with a population of 290,000 or more.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 634, Sec. 8, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 345 (S.B. 1173), Sec. 5, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 10.008, eff. September 1, 2013.
2023 Texas Statutes › 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 › Section 711.010. Abandoned, Unknown, or Unverified Cemetery

Sec. 711.010.  ABANDONED, UNKNOWN, OR UNVERIFIED CEMETERY.  (a)  The owner of property on which an unknown cemetery is discovered or on which an abandoned cemetery is located may not construct improvements on the property in a manner that would disturb the cemetery until the human remains interred in the cemetery are removed under a written order issued by the state registrar or the state registrar's designee under Section 711.004(f) and under an order of a district court as provided by this section, except as provided by Section 711.004(f-1).
(b)  On petition of the owner of the property, a district court of the county in which an unknown cemetery is discovered or an abandoned cemetery is located may order the removal of any dedication for cemetery purposes that affects the property if the court finds that the removal of the dedication is in the public interest.  If a court orders the removal of a dedication of a cemetery and all human remains in that cemetery have not previously been removed, the court shall order the removal of the human remains from the cemetery to:
(1)  a perpetual care cemetery;
(2)  a municipal or county cemetery; or
(3)  any other place on the owner's property that the district court finds is in the public interest.
(c)  In addition to any notice required by Section 711.004, notice of a petition filed under Subsection (b) must be given to the Texas Historical Commission and to the county historical commission of the county in which the cemetery is located.  The court may consult the Texas Historical Commission and the county historical commission in making a decision under this section.  The court may also designate or appoint any person, party, court appointed representative, or official the court considers necessary to assist in determining whether the removal is in the public interest.
(d)  The Texas Historical Commission, with consent of the landowner, may investigate a suspected but unverified cemetery or may delegate the investigation to a qualified person described by Section 711.0105(a).
Added by Acts 1999, 76th Leg., ch. 703, Sec. 1, eff. June 18, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 251 (H.B. 1011), Sec. 1, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 914 (H.B. 2927), Sec. 5, eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 110 (S.B. 1630), Sec. 3, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 110 (S.B. 1630), Sec. 4, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 817 (H.B. 2430), Sec. 2, eff. June 10, 2019.
2023 Texas Statutes › 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 › Section 711.0105. Method of Removal of Remains

Sec. 711.0105.  METHOD OF REMOVAL OF REMAINS.  (a)  The removal of remains authorized under this chapter shall be supervised by a cemetery keeper, a licensed funeral director, a medical examiner, a coroner, or a professional archeologist.
(b)  The person removing the remains shall make a good faith effort to locate and remove all human remains, any casket or other covering of the remains, and any funerary objects associated with the remains.
(c)  Remains that have been moved must be reburied unless a court, medical examiner, coroner, other authorized official, or next of kin approves a different disposition of the remains.
Added by Acts 2009, 81st Leg., R.S., Ch. 914 (H.B. 2927), Sec. 6, 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 711 - General Provisions Relating to Cemeteries › Subchapter A. General Provisions › Section 711.011. Filing Record of Unknown or Abandoned Cemetery

Sec. 711.011.  FILING RECORD OF UNKNOWN OR ABANDONED CEMETERY.  (a)  A person who discovers an unknown or abandoned cemetery shall file notice of the discovery of the cemetery with the county clerk of the county in which the cemetery is located and concurrently mail notice to the landowner on record in the county appraisal district not later than the 10th day after the date of the discovery.  The notice must contain a legal description of the land on which the unknown or abandoned cemetery was found and describe the approximate location of the cemetery and the evidence of the cemetery that was discovered.
(b)  A county clerk may not charge a fee for filing notice under this section.
(c)  The county clerk shall send a copy of the notice to the Texas Historical Commission and file the notice in the deed records of the county, with an index entry referencing the land on which the cemetery was discovered.
Added by Acts 1999, 76th Leg., ch. 703, Sec. 1, eff. June 18, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 914 (H.B. 2927), Sec. 7, eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 110 (S.B. 1630), Sec. 5, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 110 (S.B. 1630), Sec. 6, eff. September 1, 2017.
2023 Texas Statutes › 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 › Section 711.0111. Notice of Unverified Cemetery

Sec. 711.0111.  NOTICE OF UNVERIFIED CEMETERY.  (a)  A person who discovers an unverified cemetery shall file notice and evidence of the discovery with the Texas Historical Commission on a form provided by the Texas Historical Commission, and shall concurrently provide a copy of the notice to the landowner on record in the county appraisal district on whose land the unverified cemetery is located.
(b)  The landowner described by Subsection (a) may send a response or comments to the Texas Historical Commission concerning the notice not later than the 30th day after the date the notice is filed.
(c)  The Texas Historical Commission shall evaluate the notice of the unverified cemetery, the evidence submitted with the notice, and the response of the landowner, if any, and shall determine whether there is sufficient evidence of the existence of a cemetery.
(d)  If the Texas Historical Commission determines sufficient evidence supports the existence of a cemetery, the Texas Historical Commission shall inform the landowner and may file notice of the existence of the cemetery under Section 711.011.
(e)  If the Texas Historical Commission determines sufficient evidence supports a determination that a cemetery does not exist, the Texas Historical Commission shall notify the landowner on record in the appraisal district of its determination, amend the notice to include the commission's determination, and ensure any notice filed with a county clerk under Section 711.011 is corrected.
Added by Acts 2017, 85th Leg., R.S., Ch. 110 (S.B. 1630), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › 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 › Section 711.012. Rules

Sec. 711.012.  RULES.  (a)  The Finance Commission of Texas may adopt rules to enforce and administer Sections 711.003, 711.004, 711.007, 711.008, 711.0105, 711.021-711.024, 711.032-711.036, 711.038, 711.0381, 711.040-711.042, 711.052, 711.061, 711.063, and 711.064 relating to perpetual care cemeteries.
(b)  The Texas Funeral Service Commission may adopt rules, establish procedures, and prescribe forms to enforce and administer Section 711.0105.
(c)  The Texas Historical Commission may adopt rules to:
(1)  enforce and administer Sections 711.010 and 711.011; and
(2)  enforce and administer Sections 711.004, 711.007, 711.0105, 711.035, and 711.036 relating to cemeteries that are not perpetual care cemeteries.
Added by Acts 2003, 78th Leg., ch. 562, Sec. 34, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 263 (H.B. 1468), Sec. 4, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 914 (H.B. 2927), Sec. 8, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 123 (S.B. 661), Sec. 2, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 220 (H.B. 52), Sec. 2, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 39, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 124 (H.B. 1540), Sec. 2, 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 711 - General Provisions Relating to Cemeteries › Subchapter B. Cemetery Corporations › Section 711.022. Formation of Nonprofit Cemetery Corporation by Plot Owners

Sec. 711.022.  FORMATION OF NONPROFIT CEMETERY CORPORATION BY PLOT OWNERS.  (a)  Plot owners may organize a nonprofit corporation to receive title to land previously dedicated to cemetery purposes.
(b)  The plot owners must:
(1)  publish notice of the time and place of the organizational meeting in a newspaper in the county, if there is a newspaper, for 30 days before the date of the meeting;  and
(2)  post written notice at the cemetery of the time and place of the meeting for 30 days before the date of the meeting.
(c)  A majority of the plot owners present and voting at the meeting shall decide whether to incorporate and to convey the land to the corporation.
(d)  If the plot owners vote to incorporate, at the same meeting they shall select from the plot owners a board of directors to be named in the charter.
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 711 - General Provisions Relating to Cemeteries › Subchapter B. Cemetery Corporations › Section 711.023. Rights of Plot Owners in Cemetery Operated by Nonprofit Cemetery Corporation

Sec. 711.023.  RIGHTS OF PLOT OWNERS IN CEMETERY OPERATED BY NONPROFIT CEMETERY CORPORATION.  (a)  A person who purchases a plot from a nonprofit cemetery corporation is a shareholder of the corporation.  The person may vote in the election of corporate officers and on other matters to the same extent as a stockholder in another corporation.
(b)  An owner of a plot in a cemetery operated by a nonprofit corporation is a shareholder in any corporation that owns the cemetery.  The plot owner may exercise the rights and privileges of a shareholder, whether the owner acquired title to the plot from the corporation or before the corporation was organized.
(c)  This section does not apply to a nonprofit cemetery corporation formed before September 1, 1963, if:
(1)  the corporation was formed under Subdivision 87, Article 1302, Revised Statutes;  and
(2)  the charter or the articles of incorporation of the corporation provide that the corporation has no capital stock.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 1284, Sec. 1, 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 711 - General Provisions Relating to Cemeteries › Subchapter B. Cemetery Corporations › Section 711.024. Authority of Nonprofit Cemetery Corporation

Sec. 711.024.  AUTHORITY OF NONPROFIT CEMETERY CORPORATION.  A nonprofit cemetery corporation organized by plot owners may divide cemetery property into lots and subdivisions for cemetery purposes and charge assessments on the property for the purposes of general improvement and maintenance.
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 711 - General Provisions Relating to Cemeteries › Subchapter C. Cemetery Organizations › Section 711.031. Rules; Civil Penalty

Sec. 711.031.  RULES;  CIVIL PENALTY.  (a)  A cemetery organization may adopt and enforce rules:
(1)  concerning the use, care, control, management, restriction, and protection of the cemetery operated by the cemetery organization;
(2)  to restrict the use of cemetery property;
(3)  to regulate the placement, uniformity, class, and kind of markers, monuments, effigies, and other structures in any part of the cemetery;
(4)  to regulate the planting and care of plants in the cemetery;
(5)  to prevent the interment of remains not entitled to be interred in the cemetery;
(6)  to prevent the use of a plot for a purpose that violates the cemetery organization's restrictions;
(7)  to regulate the conduct of persons on cemetery property and to prevent improper meetings at the cemetery;  and
(8)  for other purposes the directors consider necessary for the proper conduct of the cemetery organization's business, and for the protection of the premises and the principles, plans, and ideals on which the cemetery was organized.
(b)  Rules adopted under this section must be plainly printed or typed and maintained for inspection in the cemetery organization's office or another place in the cemetery prescribed by the directors.
(c)  The directors may prescribe a penalty for the violation of a rule adopted under this section.  The cemetery organization may recover the amount of the penalty in a civil action.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 634, Sec. 11, eff. Sept. 1, 1993.
2023 Texas Statutes › 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 C. Cemetery Organizations › Section 711.032. Discrimination by Race, Color, or National Origin Prohibited

Sec. 711.032.  DISCRIMINATION BY RACE, COLOR, OR NATIONAL ORIGIN PROHIBITED.  (a)  A cemetery organization may not adopt or enforce a rule that prohibits interment because of the race, color, or national origin of a decedent.
(b)  A provision of a contract entered into by a cemetery organization or of a certificate of ownership or other instrument of conveyance issued by a cemetery organization that prohibits interment in a cemetery because of the race, color, or national origin of a decedent is void.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 634, Sec. 13, eff. Sept. 1, 1993.
2023 Texas Statutes › 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 C. Cemetery Organizations › Section 711.033. Property Acquisition by Cemetery Organization; Recording Title

Sec. 711.033.  PROPERTY ACQUISITION BY CEMETERY ORGANIZATION;  RECORDING TITLE.  (a)  A cemetery organization may acquire by purchase, donation, or devise property consisting of land, a mausoleum, a crematory and columbarium, or other property in which remains may be interred under law.
(b)  A cemetery organization operating a cemetery located and operated in accordance with the distance requirements prescribed in Section 711.008 may acquire land adjacent to the cemetery for cemetery purposes.  In this subsection, "adjacent" means that some part of the property to be acquired has a common boundary with the existing cemetery, or a common boundary with a public easement, a utility easement, or a railroad right-of-way, some part of which has a common boundary with the cemetery.  In no event shall the closest points of the property to be acquired and the cemetery be more than 200 feet apart.
(c)  A cemetery organization that acquires property may record title to its property with the county clerk of the county in which the property is located if its president and secretary or other authorized officer acknowledge a declaration executed by the cemetery organization that describes the property and declares the cemetery organization's intention to use the property or a part of the property for interment purposes.
(d)  Filing under Subsection (b) is constructive notice as of the date of the filing of the use of the property for interment.
(e)  A cemetery organization may by condemnation acquire property in which remains may be interred, and the acquisition of that property is for a public purpose.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 634, Sec. 14, eff. Sept. 1, 1993;  Acts 2001, 77th Leg., ch. 200, Sec. 2, eff. May 21, 2001.