2009 Texas Code
HEALTH AND SAFETY CODE
TITLE 8. DEATH AND DISPOSITION OF THE BODY
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.

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