Tex. Health & Safety Code § 716.004

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.

Section 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) A justice of the peace or medical examiner's office authorized to grant a waiver under Subsection (a) shall adopt a written policy for requesting a waiver under Subsection (a). In adopting the written policy, the justice of the peace or medical examiner's office shall consider how a person makes a request, and how the justice of the peace or medical examiner may process the request as quickly as possible. The written policy must outline the process of making a request for a waiver under Subsection (a) during regular business hours and outside of regular business hours, including on a weekend day or holiday.

Tex. Health and Safety Code § 716.004

Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 237,Sec. 1, eff. 5/29/2015.

Amended By Acts 2009, 81st Leg., R.S., Ch. 263, Sec. 33(1), eff. 9/1/2009.

Added by Acts 2003, 78th Leg., ch. 178, Sec. 2, eff. 9/1/2003.