Texas Health And Safety Code Title 8, Chapter 716 - Crematories

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 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...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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.,...

SUBCHAPTER B AUTHORIZATION REQUIREMENTS

• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER C RECEIPT AND IDENTIFICATION OF REMAINS

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER D CREMATION PROCEDURES

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER E DISPUTES AND LIABILITY

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...

SUBCHAPTER F RECORDS

• Texas Section 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....

SUBCHAPTER G DISPOSITION OF REMAINS

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER H PENALTY

• Texas Section 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....
• Texas Section 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...

Last modified: September 28, 2016