| 1 | 1 | | H.B. No. 587 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the incineration of a United States flag or Texas state |
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| 6 | 6 | | flag through the cremation process at the request of any person. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 716.001, Health and Safety Code, is |
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| 9 | 9 | | amended by adding Subdivisions (10-a) and (16) to read as follows: |
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| 10 | 10 | | (10-a) "First responder" has the meaning assigned by |
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| 11 | 11 | | Section 421.095, Government Code. |
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| 12 | 12 | | (16) "Veteran" means an individual who: |
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| 13 | 13 | | (A) has served in: |
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| 14 | 14 | | (i) the army, navy, air force, coast guard, |
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| 15 | 15 | | or marine corps of the United States; |
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| 16 | 16 | | (ii) the state military forces as defined |
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| 17 | 17 | | by Section 431.001, Government Code; or |
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| 18 | 18 | | (iii) an auxiliary service of one of those |
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| 19 | 19 | | branches of the armed forces; and |
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| 20 | 20 | | (B) has been honorably discharged from the branch |
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| 21 | 21 | | of the service in which the individual served. |
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| 22 | 22 | | SECTION 2. Subchapter D, Chapter 716, Health and Safety |
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| 23 | 23 | | Code, is amended by adding Section 716.157 to read as follows: |
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| 24 | 24 | | Sec. 716.157. INCINERATION OF UNITED STATES FLAG OR STATE |
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| 25 | 25 | | FLAG THROUGH CREMATION PROCESS. (a) A crematory establishment may |
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| 26 | 26 | | incinerate through the cremation process and separately from human |
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| 27 | 27 | | remains one or more United States flags or state flags at the |
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| 28 | 28 | | request of any person, including a family member of a deceased |
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| 29 | 29 | | veteran, deceased first responder, or deceased spouse or child of a |
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| 30 | 30 | | veteran or first responder for the purpose of spreading the ashes on |
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| 31 | 31 | | the grave or memorial site of the veteran, first responder, spouse, |
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| 32 | 32 | | or child. A crematory establishment may only incinerate a flag |
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| 33 | 33 | | during the week preceding and the week after the following national |
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| 34 | 34 | | holidays: |
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| 35 | 35 | | (1) Memorial Day; |
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| 36 | 36 | | (2) Flag Day; and |
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| 37 | 37 | | (3) Independence Day. |
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| 38 | 38 | | (b) The commission shall adopt rules necessary to implement |
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| 39 | 39 | | this section. The rules must: |
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| 40 | 40 | | (1) establish guidelines on: |
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| 41 | 41 | | (A) crematory sanitation; |
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| 42 | 42 | | (B) the release of ashes from an incinerated |
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| 43 | 43 | | United States flag or state flag to the person who requested |
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| 44 | 44 | | incineration of the flag; and |
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| 45 | 45 | | (C) the disposal of ashes from an incinerated |
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| 46 | 46 | | flag; and |
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| 47 | 47 | | (2) ensure that incineration of the flag is in |
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| 48 | 48 | | accordance with 4 U.S.C. Section 8 and Chapter 3100, Government |
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| 49 | 49 | | Code, as applicable. |
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| 50 | 50 | | SECTION 3. As soon as practicable after the effective date |
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| 51 | 51 | | of this Act, the Texas Funeral Service Commission shall adopt rules |
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| 52 | 52 | | necessary to implement the changes in law made by this Act. |
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| 53 | 53 | | SECTION 4. This Act takes effect September 1, 2023. |
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| 54 | 54 | | ______________________________ ______________________________ |
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| 55 | 55 | | President of the Senate Speaker of the House |
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| 56 | 56 | | I certify that H.B. No. 587 was passed by the House on April |
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| 57 | 57 | | 18, 2023, by the following vote: Yeas 148, Nays 0, 1 present, not |
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| 58 | 58 | | voting; and that the House concurred in Senate amendments to H.B. |
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| 59 | 59 | | No. 587 on May 17, 2023, by the following vote: Yeas 140, Nays 5, 1 |
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| 60 | 60 | | present, not voting. |
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| 61 | 61 | | ______________________________ |
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| 62 | 62 | | Chief Clerk of the House |
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| 63 | 63 | | I certify that H.B. No. 587 was passed by the Senate, with |
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| 64 | 64 | | amendments, on May 15, 2023, by the following vote: Yeas 31, Nays |
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| 65 | 65 | | 0. |
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| 66 | 66 | | ______________________________ |
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| 67 | 67 | | Secretary of the Senate |
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| 68 | 68 | | APPROVED: __________________ |
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| 69 | 69 | | Date |
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| 70 | 70 | | __________________ |
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| 71 | 71 | | Governor |
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