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A BILL TO BE ENTITLED
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AN ACT
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relating to the cremation of human remains by alkaline hydrolysis. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 711.001(11), (12), and (13), Health and |
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Safety Code, are amended to read as follows: |
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(11) "Cremated remains" or "cremains" means the |
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essential elements, including bone fragments, remaining after the |
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cremation process, which may include the residue of any foreign |
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materials that were cremated with the human remains. |
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(12) "Cremation" means the irreversible process of |
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reducing human remains to essential elements, including bone |
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fragments, through extreme heat and evaporation or through alkaline |
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hydrolysis. The process[, which] may include the processing or the |
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pulverization of bone fragments. |
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(13) "Crematory" means a structure containing a |
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furnace or alkaline hydrolysis vessel used or intended to be used |
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for the cremation of human remains. The term includes a facility |
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that cremates human remains through alkaline hydrolysis. |
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SECTION 2. Section 716.001(5), Health and Safety Code, is |
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amended to read as follows: |
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(5) "Cremation" means the irreversible process of |
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reducing human remains to essential elements, including bone |
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fragments, through direct flame, extreme heat, and evaporation or |
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through alkaline hydrolysis. The term may include pulverization, |
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which is the process of reducing identifiable bone fragments after |
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cremation and processing granulated particles by manual or |
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mechanical means. |
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SECTION 3. Section 716.002, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 716.002. CREMATION RULES. (a) The commission may |
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adopt rules consistent with this chapter and Chapter 651, |
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Occupations Code, to govern the cremation of human remains. |
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(b) Notwithstanding the provisions of this chapter and |
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Chapter 651, Occupations Code, the commission may modify cremation |
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procedures and requirements under Subchapter D to the extent |
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necessary to allow cremation through alkaline hydrolysis. |
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SECTION 4. Subchapter D, Chapter 716, Health and Safety |
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Code, is amended by adding Section 716.1525 to read as follows: |
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Sec. 716.1525. ALKALINE HYDROLYSIS CREMATION. |
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Notwithstanding Sections 716.151 and 716.152, the commission by |
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rule shall establish the requirements for cremation through |
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alkaline hydrolysis, including rules for the cremation process and |
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for containers used in the process. |
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SECTION 5. Section 651.001(3), Occupations Code, is amended |
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to read as follows: |
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(3) "Crematory" means a structure containing a furnace |
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or alkaline hydrolysis vessel used or intended to be used for the |
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cremation of human remains. The term includes a facility that |
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cremates human remains through alkaline hydrolysis. |
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SECTION 6. Section 651.651(1), Occupations Code, is amended |
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to read as follows: |
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(1) "Cremation" means the irreversible process of |
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reducing human remains to essential elements, including bone |
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fragments, through direct flame, extreme heat, and evaporation or |
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through alkaline hydrolysis. The term may include pulverization, |
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which is the process of reducing identifiable bone fragments after |
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cremation and processing granulated particles by manual or |
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mechanical means. |
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SECTION 7. Not later than December 1, 2021, the Texas |
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Funeral Service Commission shall adopt rules to implement the |
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changes in law made by this Act. |
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SECTION 8. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |