H.B. No. 587
AN ACT
relating to the incineration of a United States flag or Texas state
flag through the cremation process at the request of any person.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 716.001, Health and Safety Code, is
amended by adding Subdivisions (10-a) and (16) to read as follows:
(10-a) "First responder" has the meaning assigned by
Section 421.095, Government Code.
(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. 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, including a family member of a deceased
veteran, deceased first responder, or deceased spouse or child of a
veteran or first responder for the purpose of spreading the ashes on
the grave or memorial site of the veteran, first responder, spouse,
or child. 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 3. 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 4. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 587 was passed by the House on April
18, 2023, by the following vote: Yeas 148, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 587 on May 17, 2023, by the following vote: Yeas 140, Nays 5, 1
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 587 was passed by the Senate, with
amendments, on May 15, 2023, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor