CHAPTER 716. CREMATORIES
HEALTH AND SAFETY CODE
TITLE 8. DEATH AND DISPOSITION OF THE BODY
SUBTITLE C. CEMETERIES AND CREMATORIES
CHAPTER 716. CREMATORIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 716.001. DEFINITIONS. In this chapter:
(1) "Authorizing agent" means a person authorized to dispose of
a decedent's remains under Section 711.002.
(2) "Cemetery" has the meaning assigned by Section 711.001.
(3) "Commission" means the Texas Funeral Service Commission.
(4) "Cremated remains" means the recoverable human remains after
the completion of the cremation process. The term may include the
residue of any nonhuman matter cremated with the deceased human
body including casket material, bridgework, eyeglasses, or other
material.
(5) "Cremation" means the irreversible process of reducing human
remains to bone fragments through direct flame, extreme heat, and
evaporation. The term may include pulverization, which is the
process of reducing identifiable bone fragments after cremation
and processing granulated particles by manual or mechanical
means.
(6) "Cremation chamber" means an enclosed retort used
exclusively for cremation of human remains.
(7) "Cremation container" means a casket or other container
designed to transport a deceased human body and for placement in
a cremation chamber during cremation.
(8) "Cremation interment container" means a rigid outer
container composed of concrete, steel, fiberglass, or similar
material used for the ground burial of cremated remains that
meets a cemetery's specifications.
(9) "Crematory" means a structure containing a retort used or
intended to be used for cremation of human remains.
(10) "Crematory establishment" means a business that operates a
crematory for which a license is required under Subchapter N,
Chapter 651, Occupations Code.
(11) "Funeral director" has the meaning assigned by Section
651.001, Occupations Code.
(12) "Funeral establishment" has the meaning assigned by Section
651.001, Occupations Code.
(13) "Scattering area" means an area designated for scattering
cremated remains. The term includes dedicated cemetery property
on which cremated remains may be:
(A) mixed with or placed on top of soil or ground cover; or
(B) commingled and buried in an underground receptacle.
(14) "Temporary container" means a receptacle composed of
cardboard, plastic, or similar material designed to temporarily
store cremated remains until the remains are placed in an urn or
other permanent container.
(15) "Urn" means a container designed to permanently store
cremated remains.
Added by Acts 2003, 78th Leg., ch. 178, Sec. 2, eff. Sept. 1,
2003.
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.
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.
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, Sec. 10, eff. September 1, 2009.
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) Repealed by Acts 2009, 81st Leg., R.S., Ch. 263, Sec. 33(1),
eff. September 1, 2009.
Added by Acts 2003, 78th Leg., ch. 178, Sec. 2, eff. Sept. 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
263, Sec. 33(1), eff. September 1, 2009.
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.
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.
SUBCHAPTER B. AUTHORIZATION REQUIREMENTS
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.
Sec. 716.052. CREMATION AUTHORIZATION FORM. (a) A cremation
authorization form must:
(1) identify the deceased person and the time and date of death;
(2) include the name and address of the funeral director or
other person that contracted to provide for the cremation;
(3) identify the authorizing agent and the relationship between
the authorizing agent and the deceased person;
(4) include a statement by the authorizing agent that:
(A) the authorizing agent has the right to authorize the
cremation of the deceased person and is not aware of any person
with a superior or equal priority right; or
(B) if another person has an equal priority right to authorize
cremation, the authorizing agent:
(i) has made all reasonable efforts but failed to contact that
person and believes the person would not object to the cremation;
and
(ii) agrees to indemnify and hold harmless the funeral
establishment and the crematory establishment for any liability
arising from performing the cremation without the person's
authorization;
(5) authorize the crematory establishment to cremate the human
remains;
(6) declare that to their knowledge the human remains do not
contain a pacemaker or any other material or implant that may
potentially be hazardous or cause damage to the cremation chamber
or the person performing the cremation;
(7) include the name of the funeral establishment or other
person authorized to receive the cremated remains from the
crematory establishment;
(8) detail the manner of permanent disposition of the cremated
remains, if known;
(9) list any items of value delivered to the crematory
establishment along with the human remains and include
instructions on the handling of the items;
(10) specify whether the authorizing agent has arranged for a
viewing of the deceased person or service with the deceased
person present before cremation and the date and time of the
viewing or service; and
(11) include the signature of the authorizing agent attesting to
the accuracy of all representations contained on the cremation
authorization form.
(b) A cremation authorization form must include a written notice
to the authorizing agent that:
(1) the authorizing agent assumes responsibility for the
disposition of the cremated remains; and
(2) the crematory establishment may:
(A) release to the authorizing agent, in person, the cremated
remains of the deceased person;
(B) ship the cremated remains to the authorizing agent if the
agent authorizes shipment and provides a shipping address on the
authorization form; or
(C) dispose of the cremated remains in accordance with this
chapter not earlier than the 121st day following the date of
cremation if the cremated remains have not been claimed by the
authorizing agent.
(c) A funeral director or other representative of a funeral
establishment that contracts to provide for the cremation of
deceased human remains must sign the cremation authorization
form.
(d) A crematory establishment shall provide a cremation
authorization form to an authorizing agent on request.
Added by Acts 2003, 78th Leg., ch. 178, Sec. 2, eff. Sept. 1,
2003.
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.
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, Sec. 11, eff. September 1, 2009.
SUBCHAPTER C. RECEIPT AND IDENTIFICATION OF 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, Sec. 1, eff. June 19, 2009.
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.
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, Sec. 12, eff. September 1, 2009.
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, Sec. 13, eff. September 1, 2009.
SUBCHAPTER D. CREMATION PROCEDURES
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.
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, Sec. 14, eff. September 1, 2009.
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.
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.
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.
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, Sec. 15, eff. September 1, 2009.
SUBCHAPTER E. DISPUTES AND LIABILITY
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.
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.
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.
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, Sec. 16, eff. September 1, 2009.
SUBCHAPTER F. RECORDS
Sec. 716.251. CREMATORY ESTABLISHMENT RECORDS. (a) A crematory
establishment shall maintain a record at its place of business of
each cremation. The record must contain:
(1) the name of the deceased person;
(2) the date of the cremation;
(3) the final disposition of the cremated remains; and
(4) any other document required by this chapter.
(b) A record must be kept on file at least until the fifth
anniversary of the cremation.
Added by Acts 2003, 78th Leg., ch. 178, Sec. 2, eff. Sept. 1,
2003.
SUBCHAPTER G. DISPOSITION OF REMAINS
Sec. 716.301. TRANSPORT OF CREMATED REMAINS. On delivery of the
cremated remains by a crematory establishment, an authorizing
agent or the representative delegated by the authorizing agent as
provided by Section 716.053 may transport the remains without a
permit in any manner in this state and finally dispose of the
cremated remains in accordance with this subchapter.
Added by Acts 2003, 78th Leg., ch. 178, Sec. 2, eff. Sept. 1,
2003.
Sec. 716.302. DISPOSITION OF CREMATED REMAINS. (a) An
authorizing agent shall provide to a crematory establishment a
signed written statement disclosing the final disposition of the
cremated remains, if known. The crematory establishment shall
retain a copy of the statement in the crematory establishment's
records.
(b) The authorizing agent is responsible for disposing of
cremated remains.
(c) Not earlier than the 121st day following the date of
cremation, if the authorizing agent or the agent's representative
has not specified the final disposition of or claimed the
cremated remains, the crematory establishment or funeral
establishment, if the cremated remains have been released to an
employee of the funeral establishment in accordance with the
authorization form, may dispose of the cremated remains in
accordance with this subchapter. The crematory establishment or
funeral establishment, as applicable, shall retain a record of
the disposition in the establishment's records.
(d) An authorizing agent is responsible for all reasonable
expenses incurred in disposing of the cremated remains under
Subsection (c).
(e) A person may dispose of cremated remains only:
(1) in a crypt, niche, grave, or scattering area of a dedicated
cemetery;
(2) by scattering the remains over uninhabited public land, sea,
or other public waterways in accordance with Section 716.304; or
(3) on private property as directed by the authorizing agent
with the written consent of the property owner in accordance with
Section 716.304.
Added by Acts 2003, 78th Leg., ch. 178, Sec. 2, eff. Sept. 1,
2003.
Sec. 716.303. COMMINGLING OF REMAINS. Unless authorized in
writing by the authorizing agent, a person may not:
(1) dispose of or scatter cremated remains in a manner or at a
location that commingles the remains with other cremated remains,
except by air over a scattering area or by sea; or
(2) place the cremated remains of more than one deceased person
in the same urn or other container.
Added by Acts 2003, 78th Leg., ch. 178, Sec. 2, eff. Sept. 1,
2003.
Sec. 716.304. SCATTERING REMAINS. A person may scatter cremated
remains over uninhabited public land, over a public waterway or
sea, or on the private property of a consenting owner. Unless
the container is biodegradable, the cremated remains must be
removed from the container before being scattered.
Added by Acts 2003, 78th Leg., ch. 178, Sec. 2, eff. Sept. 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
263, Sec. 17, eff. September 1, 2009.
SUBCHAPTER H. PENALTY
Sec. 716.351. CRIMINAL PENALTY. (a) A person commits an
offense if the person:
(1) cremates human remains without receipt of:
(A) a cremation authorization form signed by an authorizing
agent; or
(B) written directions for the disposition by cremation of the
deceased person's human remains as provided in Section
711.002(g);
(2) signs a cremation authorization form with actual knowledge
that the form contains false or incorrect information; or
(3) represents to the public that the person may cremate human
remains without being licensed as provided by Subchapter N,
Chapter 651, Occupations Code.
(b) An offense under Subsection (a) is a Class B misdemeanor.
Added by Acts 2003, 78th Leg., ch. 178, Sec. 2, eff. Sept. 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
263, Sec. 18, eff. September 1, 2009.