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AN ACT
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relating to the incineration of a United States flag or Texas state |
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flag through the cremation process at the request of any person. |
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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 adding Subdivisions (10-a) and (16) to read as follows: |
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(10-a) "First responder" has the meaning assigned by |
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Section 421.095, Government Code. |
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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. 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, including a family member of a deceased |
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veteran, deceased first responder, or deceased spouse or child of a |
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veteran or first responder for the purpose of spreading the ashes on |
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the grave or memorial site of the veteran, first responder, spouse, |
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or child. A crematory establishment may only incinerate a flag |
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during the week preceding and the week after the following national |
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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 3. 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 4. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 587 was passed by the House on April |
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18, 2023, by the following vote: Yeas 148, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 587 on May 17, 2023, by the following vote: Yeas 140, Nays 5, 1 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 587 was passed by the Senate, with |
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amendments, on May 15, 2023, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |