88R264 KKR-D
By: Johnson S.B. No. 105
A BILL TO BE ENTITLED
AN ACT
relating to the cremation of human remains by alkaline hydrolysis.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 711.001(11), (12), and (13), Health and
Safety Code, are amended to read as follows:
(11) "Cremated remains" or "cremains" means the
essential elements, including bone fragments, remaining after the
cremation process, which may include the residue of any foreign
materials that were cremated with the human remains.
(12) "Cremation" means the irreversible process of
reducing human remains to essential elements, including bone
fragments, through extreme heat and evaporation or through alkaline
hydrolysis. The process[, which] may include the processing or the
pulverization of bone fragments.
(13) "Crematory" means a structure containing a
furnace or alkaline hydrolysis vessel used or intended to be used
for the cremation of human remains. The term includes a facility
that cremates human remains through alkaline hydrolysis.
SECTION 2. Section 716.001(5), Health and Safety Code, is
amended to read as follows:
(5) "Cremation" means the irreversible process of
reducing human remains to essential elements, including bone
fragments, through direct flame, extreme heat, and evaporation or
through alkaline hydrolysis. The term may include pulverization,
which is the process of reducing identifiable bone fragments after
cremation and processing granulated particles by manual or
mechanical means.
SECTION 3. 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) Notwithstanding the provisions of this chapter and
Chapter 651, Occupations Code, the commission may modify cremation
procedures and requirements under Subchapter D to the extent
necessary to allow cremation through alkaline hydrolysis.
SECTION 4. Subchapter D, Chapter 716, Health and Safety
Code, is amended by adding Section 716.1525 to read as follows:
Sec. 716.1525. ALKALINE HYDROLYSIS CREMATION.
Notwithstanding Sections 716.151 and 716.152, the commission by
rule shall establish the requirements for cremation through
alkaline hydrolysis, including rules for the cremation process and
for containers used in the process.
SECTION 5. Section 651.001(3), Occupations Code, is amended
to read as follows:
(3) "Crematory" means a structure containing a furnace
or alkaline hydrolysis vessel used or intended to be used for the
cremation of human remains. The term includes a facility that
cremates human remains through alkaline hydrolysis.
SECTION 6. Section 651.651(1), Occupations Code, is amended
to read as follows:
(1) "Cremation" means the irreversible process of
reducing human remains to essential elements, including bone
fragments, through direct flame, extreme heat, and evaporation or
through alkaline hydrolysis. The term may include pulverization,
which is the process of reducing identifiable bone fragments after
cremation and processing granulated particles by manual or
mechanical means.
SECTION 7. Not later than December 1, 2023, the Texas
Funeral Service Commission shall adopt rules to implement the
changes in law made by this Act.
SECTION 8. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.