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A BILL TO BE ENTITLED
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AN ACT
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relating to the cremation of deceased veterans with a United States |
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flag or Texas state flag and the incineration of those flags through |
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the cremation process. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 716.001, Health and Safety Code, is |
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amended by amending Subdivision (4) and adding Subdivision (16) to |
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read as follows: |
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(4) "Cremated remains" means the recoverable human |
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remains after the completion of the cremation process. The term may |
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include the residue of any nonhuman matter cremated with the |
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deceased human body including casket material, bridgework, |
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eyeglasses, the United States flag or state flag, or other |
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material. |
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(16) "Veteran" means an individual who: |
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(A) has served in: |
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(i) the army, navy, air force, coast guard, |
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or marine corps of the United States; |
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(ii) the state military forces as defined |
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by Section 431.001, Government Code; or |
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(iii) an auxiliary service of one of those |
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branches of the armed forces; and |
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(B) has been honorably discharged from the branch |
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of the service in which the individual served. |
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SECTION 2. 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) The rules must: |
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(1) allow a veteran to be cremated with the United |
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States flag or state flag at the request of the veteran or the |
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veteran's authorizing agent; and |
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(2) ensure that incineration of the United States flag |
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or state flag with a veteran is in accordance with 4 U.S.C. Section |
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8 and Chapter 3100, Government Code, as applicable. |
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SECTION 3. Section 716.052(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A cremation authorization form must: |
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(1) identify the deceased person and the time and date |
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of death; |
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(2) include the name and address of the funeral |
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director or other person that contracted to provide for the |
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cremation; |
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(3) identify the authorizing agent and the |
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relationship between the authorizing agent and the deceased person; |
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(4) include a statement by the authorizing agent that: |
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(A) the authorizing agent has the right to |
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authorize the cremation of the deceased person and is not aware of |
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any person with a superior or equal priority right; or |
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(B) if another person has an equal priority right |
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to authorize cremation, the authorizing agent: |
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(i) has made all reasonable efforts but |
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failed to contact that person and believes the person would not |
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object to the cremation; and |
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(ii) agrees to indemnify and hold harmless |
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the funeral establishment and the crematory establishment for any |
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liability arising from performing the cremation without the |
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person's authorization; |
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(5) authorize the crematory establishment to cremate |
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the human remains; |
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(6) declare that to their knowledge the human remains |
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do not contain a pacemaker or any other material or implant that may |
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potentially be hazardous or cause damage to the cremation chamber |
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or the person performing the cremation; |
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(7) include the name of the funeral establishment or |
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other person authorized to receive the cremated remains from the |
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crematory establishment; |
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(8) detail the manner of permanent disposition of the |
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cremated remains, if known; |
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(9) list any items of value delivered to the crematory |
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establishment along with the human remains and include instructions |
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on the handling of the items; |
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(10) specify whether the authorizing agent has |
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arranged for a viewing of the deceased person or service with the |
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deceased person present before cremation and the date and time of |
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the viewing or service; [and] |
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(11) include a space for the authorizing agent to |
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request that a deceased person who is a veteran be cremated with the |
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United States flag or state flag; and |
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(12) include the signature of the authorizing agent |
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attesting to the accuracy of all representations contained on the |
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cremation authorization form. |
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SECTION 4. Subchapter D, Chapter 716, Health and Safety |
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Code, is amended by adding Section 716.157 to read as follows: |
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Sec. 716.157. INCINERATION OF UNITED STATES FLAG OR STATE |
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FLAG THROUGH CREMATION PROCESS. (a) A crematory establishment may |
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incinerate through the cremation process and separately from human |
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remains one or more United States flags or state flags at the |
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request of any person. A crematory establishment may only |
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incinerate a flag during the week preceding and the week after the |
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following national holidays: |
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(1) Memorial Day; |
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(2) Flag Day; and |
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(3) Independence Day. |
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(b) The commission shall adopt rules necessary to implement |
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this section. The rules must: |
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(1) establish guidelines on: |
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(A) crematory sanitation; |
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(B) the release of ashes from an incinerated |
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United States flag or state flag to the person who requested |
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incineration of the flag; and |
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(C) the disposal of ashes from an incinerated |
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flag; and |
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(2) ensure that incineration of the flag is in |
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accordance with 4 U.S.C. Section 8 and Chapter 3100, Government |
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Code, as applicable. |
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SECTION 5. As soon as practicable after the effective date |
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of this Act, the Texas Funeral Service Commission shall adopt rules |
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necessary to implement the changes in law made by this Act. |
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SECTION 6. This Act takes effect September 1, 2023. |