| 1 | 1 | | 88R264 KKR-D |
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| 2 | 2 | | By: Johnson S.B. No. 105 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the cremation of human remains by alkaline hydrolysis. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Sections 711.001(11), (12), and (13), Health and |
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| 10 | 10 | | Safety Code, are amended to read as follows: |
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| 11 | 11 | | (11) "Cremated remains" or "cremains" means the |
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| 12 | 12 | | essential elements, including bone fragments, remaining after the |
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| 13 | 13 | | cremation process, which may include the residue of any foreign |
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| 14 | 14 | | materials that were cremated with the human remains. |
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| 15 | 15 | | (12) "Cremation" means the irreversible process of |
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| 16 | 16 | | reducing human remains to essential elements, including bone |
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| 17 | 17 | | fragments, through extreme heat and evaporation or through alkaline |
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| 18 | 18 | | hydrolysis. The process[, which] may include the processing or the |
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| 19 | 19 | | pulverization of bone fragments. |
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| 20 | 20 | | (13) "Crematory" means a structure containing a |
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| 21 | 21 | | furnace or alkaline hydrolysis vessel used or intended to be used |
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| 22 | 22 | | for the cremation of human remains. The term includes a facility |
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| 23 | 23 | | that cremates human remains through alkaline hydrolysis. |
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| 24 | 24 | | SECTION 2. Section 716.001(5), Health and Safety Code, is |
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| 25 | 25 | | amended to read as follows: |
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| 26 | 26 | | (5) "Cremation" means the irreversible process of |
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| 27 | 27 | | reducing human remains to essential elements, including bone |
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| 28 | 28 | | fragments, through direct flame, extreme heat, and evaporation or |
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| 29 | 29 | | through alkaline hydrolysis. The term may include pulverization, |
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| 30 | 30 | | which is the process of reducing identifiable bone fragments after |
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| 31 | 31 | | cremation and processing granulated particles by manual or |
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| 32 | 32 | | mechanical means. |
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| 33 | 33 | | SECTION 3. Section 716.002, Health and Safety Code, is |
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| 34 | 34 | | amended to read as follows: |
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| 35 | 35 | | Sec. 716.002. CREMATION RULES. (a) The commission may |
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| 36 | 36 | | adopt rules consistent with this chapter and Chapter 651, |
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| 37 | 37 | | Occupations Code, to govern the cremation of human remains. |
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| 38 | 38 | | (b) Notwithstanding the provisions of this chapter and |
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| 39 | 39 | | Chapter 651, Occupations Code, the commission may modify cremation |
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| 40 | 40 | | procedures and requirements under Subchapter D to the extent |
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| 41 | 41 | | necessary to allow cremation through alkaline hydrolysis. |
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| 42 | 42 | | SECTION 4. Subchapter D, Chapter 716, Health and Safety |
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| 43 | 43 | | Code, is amended by adding Section 716.1525 to read as follows: |
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| 44 | 44 | | Sec. 716.1525. ALKALINE HYDROLYSIS CREMATION. |
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| 45 | 45 | | Notwithstanding Sections 716.151 and 716.152, the commission by |
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| 46 | 46 | | rule shall establish the requirements for cremation through |
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| 47 | 47 | | alkaline hydrolysis, including rules for the cremation process and |
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| 48 | 48 | | for containers used in the process. |
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| 49 | 49 | | SECTION 5. Section 651.001(3), Occupations Code, is amended |
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| 50 | 50 | | to read as follows: |
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| 51 | 51 | | (3) "Crematory" means a structure containing a furnace |
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| 52 | 52 | | or alkaline hydrolysis vessel used or intended to be used for the |
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| 53 | 53 | | cremation of human remains. The term includes a facility that |
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| 54 | 54 | | cremates human remains through alkaline hydrolysis. |
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| 55 | 55 | | SECTION 6. Section 651.651(1), Occupations Code, is amended |
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| 56 | 56 | | to read as follows: |
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| 57 | 57 | | (1) "Cremation" means the irreversible process of |
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| 58 | 58 | | reducing human remains to essential elements, including bone |
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| 59 | 59 | | fragments, through direct flame, extreme heat, and evaporation or |
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| 60 | 60 | | through alkaline hydrolysis. The term may include pulverization, |
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| 61 | 61 | | which is the process of reducing identifiable bone fragments after |
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| 62 | 62 | | cremation and processing granulated particles by manual or |
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| 63 | 63 | | mechanical means. |
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| 64 | 64 | | SECTION 7. Not later than December 1, 2023, the Texas |
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| 65 | 65 | | Funeral Service Commission shall adopt rules to implement the |
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| 66 | 66 | | changes in law made by this Act. |
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| 67 | 67 | | SECTION 8. This Act takes effect immediately if it receives |
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| 68 | 68 | | a vote of two-thirds of all the members elected to each house, as |
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| 69 | 69 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 70 | 70 | | Act does not receive the vote necessary for immediate effect, this |
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| 71 | 71 | | Act takes effect September 1, 2023. |
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