By: Patterson (Senate Sponsor - Blanco) H.B. No. 587
(In the Senate - Received from the House April 18, 2023;
April 19, 2023, read first time and referred to Committee on
Veteran Affairs; May 10, 2023, reported favorably by the following
vote: Yeas 6, Nays 0; May 10, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE VOTE
YeaNayAbsentPNV
HancockX
ParkerX
BlancoX
EckhardtX
GutierrezX
HallX
SparksX
A BILL TO BE ENTITLED
AN ACT
relating to the cremation of deceased veterans with a United States
flag or Texas state flag and the incineration of those flags through
the cremation process.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 716.001, Health and Safety Code, is
amended by amending Subdivision (4) and adding Subdivision (16) to
read as follows:
(4) "Cremated remains" means the recoverable human
remains after the completion of the cremation process. The term may
include the residue of any nonhuman matter cremated with the
deceased human body including casket material, bridgework,
eyeglasses, the United States flag or state flag, or other
material.
(16) "Veteran" means an individual who:
(A) has served in:
(i) the army, navy, air force, coast guard,
or marine corps of the United States;
(ii) the state military forces as defined
by Section 431.001, Government Code; or
(iii) an auxiliary service of one of those
branches of the armed forces; and
(B) has been honorably discharged from the branch
of the service in which the individual served.
SECTION 2. Section 716.002, Health and Safety Code, is
amended to read as follows:
Sec. 716.002. CREMATION RULES. (a) The commission may
adopt rules consistent with this chapter and Chapter 651,
Occupations Code, to govern the cremation of human remains.
(b) The rules must:
(1) allow a veteran to be cremated with the United
States flag or state flag at the request of the veteran or the
veteran's authorizing agent; and
(2) ensure that incineration of the United States flag
or state flag with a veteran is in accordance with 4 U.S.C. Section
8 and Chapter 3100, Government Code, as applicable.
SECTION 3. Section 716.052(a), Health and Safety Code, is
amended to read as follows:
(a) A cremation authorization form must:
(1) identify the deceased person and the time and date
of death;
(2) include the name and address of the funeral
director or other person that contracted to provide for the
cremation;
(3) identify the authorizing agent and the
relationship between the authorizing agent and the deceased person;
(4) include a statement by the authorizing agent that:
(A) the authorizing agent has the right to
authorize the cremation of the deceased person and is not aware of
any person with a superior or equal priority right; or
(B) if another person has an equal priority right
to authorize cremation, the authorizing agent:
(i) has made all reasonable efforts but
failed to contact that person and believes the person would not
object to the cremation; and
(ii) agrees to indemnify and hold harmless
the funeral establishment and the crematory establishment for any
liability arising from performing the cremation without the
person's authorization;
(5) authorize the crematory establishment to cremate
the human remains;
(6) declare that to their knowledge the human remains
do not contain a pacemaker or any other material or implant that may
potentially be hazardous or cause damage to the cremation chamber
or the person performing the cremation;
(7) include the name of the funeral establishment or
other person authorized to receive the cremated remains from the
crematory establishment;
(8) detail the manner of permanent disposition of the
cremated remains, if known;
(9) list any items of value delivered to the crematory
establishment along with the human remains and include instructions
on the handling of the items;
(10) specify whether the authorizing agent has
arranged for a viewing of the deceased person or service with the
deceased person present before cremation and the date and time of
the viewing or service; [and]
(11) include a space for the authorizing agent to
request that a deceased person who is a veteran be cremated with the
United States flag or state flag; and
(12) include the signature of the authorizing agent
attesting to the accuracy of all representations contained on the
cremation authorization form.
SECTION 4. Subchapter D, Chapter 716, Health and Safety
Code, is amended by adding Section 716.157 to read as follows:
Sec. 716.157. INCINERATION OF UNITED STATES FLAG OR STATE
FLAG THROUGH CREMATION PROCESS. (a) A crematory establishment may
incinerate through the cremation process and separately from human
remains one or more United States flags or state flags at the
request of any person. A crematory establishment may only
incinerate a flag during the week preceding and the week after the
following national holidays:
(1) Memorial Day;
(2) Flag Day; and
(3) Independence Day.
(b) The commission shall adopt rules necessary to implement
this section. The rules must:
(1) establish guidelines on:
(A) crematory sanitation;
(B) the release of ashes from an incinerated
United States flag or state flag to the person who requested
incineration of the flag; and
(C) the disposal of ashes from an incinerated
flag; and
(2) ensure that incineration of the flag is in
accordance with 4 U.S.C. Section 8 and Chapter 3100, Government
Code, as applicable.
SECTION 5. As soon as practicable after the effective date
of this Act, the Texas Funeral Service Commission shall adopt rules
necessary to implement the changes in law made by this Act.
SECTION 6. This Act takes effect September 1, 2023.
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