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A BILL TO BE ENTITLED
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AN ACT
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relating to cremation authorization procedures in counties with |
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medical examiners. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 716.051, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 716.051. CREMATION AUTHORIZATION. Except as otherwise |
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provided in this chapter, a crematory establishment may not cremate |
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deceased human remains until it receives: |
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(1) a cremation authorization form signed by an |
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authorizing agent; [and] |
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(2) a death certificate or other death record that |
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indicates the deceased human remains may be cremated; and |
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(3) for a death that occurred in a county with a |
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medical examiner appointed in accordance with Article 49.25, Code |
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of Criminal Procedure, a certificate signed by the medical examiner |
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indicating the medical examiner: |
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(A) examined the human remains and certified an |
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inquest was unnecessary; |
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(B) chose not to examine the human remains and |
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authorized release of the remains for cremation; or |
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(C) held an inquest and authorized release of the |
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human remains for cremation. |
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SECTION 2. Section 6(a), Article 49.25, Code of Criminal |
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Procedure, is amended to read as follows: |
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(a) Any medical examiner, or his duly authorized deputy, |
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shall be authorized, and it shall be his duty, to hold inquests with |
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or without a jury within his county, in the following cases: |
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1. When a person shall die within twenty-four hours |
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after admission to a hospital or institution or in prison or in |
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jail; |
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2. When any person is killed; or from any cause dies an |
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unnatural death, except under sentence of the law; or dies in the |
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absence of one or more good witnesses; |
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3. When the body or a body part of a person is found and |
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either: |
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(A) the person is identified but the cause or |
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circumstances of death are unknown; or |
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(B) the person is unidentified, regardless of |
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whether the cause or circumstances of death are known; |
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4. When the circumstances of the death of any person |
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are such as to lead to suspicion that he came to his death by |
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unlawful means; |
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5. When any person commits suicide, or the |
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circumstances of his death are such as to lead to suspicion that he |
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committed suicide; |
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6. When a person dies without having been attended by a |
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duly licensed and practicing physician, and the local health |
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officer or registrar required to report the cause of death under |
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Section 193.005, Health and Safety Code, does not know the cause of |
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death. When the local health officer or registrar of vital |
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statistics whose duty it is to certify the cause of death does not |
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know the cause of death, he shall so notify the medical examiner of |
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the county in which the death occurred and request an inquest; |
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7. When the person is a child who is younger than six |
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years of age and the death is reported under Chapter 264, Family |
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Code; [and] |
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8. When a person dies who has been attended |
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immediately preceding his death by a duly licensed and practicing |
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physician or physicians, and such physician or physicians are not |
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certain as to the cause of death and are unable to certify with |
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certainty the cause of death as required by Section 193.004, Health |
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and Safety Code. In case of such uncertainty the attending |
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physician or physicians, or the superintendent or general manager |
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of the hospital or institution in which the deceased shall have |
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died, shall so report to the medical examiner of the county in which |
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the death occurred, and request an inquest; and |
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9. When a medical examiner examines human remains |
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before authorizing a cremation under Section 716.051, Health and |
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Safety Code, and determines performance of an inquest is necessary. |
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SECTION 3. Section (b), Chapter 181.2, Texas Administrative |
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Code, is amended to read as follows: |
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(b) If a dead body or fetus is to be removed from this state, |
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transported by common carrier within this state, or cremated, the |
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funeral director, or person acting as such, shall obtain a |
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burial-transit permit from the Local Registrar where the death |
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certificate is or will be filed, or from the State Registrar |
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electronically through a Vital Statistics Section electronic death |
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registration system. The registrar shall not issue a |
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burial-transit permit until a certificate of death, completed in so |
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far as possible and a cremation authorization permit issued in |
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accordance with Health and Safety Code Section 716.05(3)hashave |
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been presented (See §181.6 of this title (relating to |
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Disinterment)). |
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SECTION 4. This Act takes effect September 1, 2025. |