Texas 2025 - 89th Regular

Texas House Bill HB2200 Compare Versions

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11 89R5785 EAS-D
22 By: Hernandez H.B. No. 2200
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the cremation of human remains by natural organic
1010 reduction.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Sections 711.001(11), (12), and (13), Health and
1313 Safety Code, are amended to read as follows:
1414 (11) "Cremated remains" or "cremains" means the
1515 essential elements, including bone fragments, remaining after the
1616 cremation process, which may include the residue of any foreign
1717 materials that were cremated with the human remains.
1818 (12) "Cremation" means the irreversible process of
1919 reducing human remains to essential elements, including bone
2020 fragments, through extreme heat and evaporation or through natural
2121 organic reduction. The process[, which] may include the processing
2222 or the pulverization of bone fragments.
2323 (13) "Crematory" means a structure containing a
2424 furnace or natural organic reduction chamber used or intended to be
2525 used for the cremation of human remains. The term includes a
2626 facility that cremates human remains through natural organic
2727 reduction.
2828 SECTION 2. Sections 716.001(5), (6), and (9), Health and
2929 Safety Code, are amended to read as follows:
3030 (5) "Cremation" means the irreversible process of
3131 reducing human remains to essential elements, including bone
3232 fragments, through direct flame, extreme heat, and evaporation or
3333 through natural organic reduction. The term may include
3434 pulverization, which is the process of reducing identifiable bone
3535 fragments after cremation and processing granulated particles by
3636 manual or mechanical means.
3737 (6) "Cremation chamber" means an enclosed chamber
3838 [retort] used exclusively for cremation of human remains. The term
3939 includes a natural organic reduction chamber.
4040 (9) "Crematory" means a structure containing a furnace
4141 or natural organic reduction chamber [retort] used or intended to
4242 be used for cremating [cremation of] human remains. The term
4343 includes a facility that cremates human remains through natural
4444 organic reduction.
4545 SECTION 3. Section 716.002, Health and Safety Code, is
4646 amended to read as follows:
4747 Sec. 716.002. CREMATION RULES. (a) The commission may
4848 adopt rules consistent with this chapter and Chapter 651,
4949 Occupations Code, to govern the cremation of human remains.
5050 (b) Notwithstanding the provisions of this chapter and
5151 Chapter 651, Occupations Code, the commission may modify cremation
5252 procedures and requirements under Subchapter D to the extent
5353 necessary to allow cremation through natural organic reduction.
5454 SECTION 4. Section 716.151(a), Health and Safety Code, is
5555 amended to read as follows:
5656 (a) Except as provided by Section 716.1525, human [Human]
5757 remains must be placed in a cremation container that:
5858 (1) is made of combustible materials suitable for
5959 cremation;
6060 (2) provides a complete covering of the body;
6161 (3) is resistant to leakage or spillage;
6262 (4) is rigid for easy handling; and
6363 (5) protects the health and safety of crematory
6464 personnel.
6565 SECTION 5. Subchapter D, Chapter 716, Health and Safety
6666 Code, is amended by adding Section 716.1525 to read as follows:
6767 Sec. 716.1525. NATURAL ORGANIC REDUCTION CREMATION.
6868 Notwithstanding Sections 716.151 and 716.152, the commission by
6969 rule shall establish the requirements for cremation through natural
7070 organic reduction, including rules for the cremation process and
7171 for containers used in the process.
7272 SECTION 6. Section 651.001(3), Occupations Code, is amended
7373 to read as follows:
7474 (3) "Crematory" means a structure containing a furnace
7575 or natural organic reduction chamber used or intended to be used for
7676 the cremation of human remains. The term includes a facility that
7777 cremates human remains through natural organic reduction.
7878 SECTION 7. Sections 651.651(1) and (2), Occupations Code,
7979 are amended to read as follows:
8080 (1) "Cremation" means the irreversible process of
8181 reducing human remains to essential elements, including bone
8282 fragments, through direct flame, extreme heat, and evaporation or
8383 through natural organic reduction. The term may include
8484 pulverization, which is the process of reducing identifiable bone
8585 fragments after cremation and processing granulated particles by
8686 manual or mechanical means.
8787 (2) "Crematory establishment" means a business
8888 licensed under this subchapter to operate a crematory and to
8989 perform cremation services, including a facility that cremates
9090 human remains through natural organic reduction.
9191 SECTION 8. Not later than December 1, 2025, the Texas
9292 Funeral Service Commission shall adopt rules to implement the
9393 changes in law made by this Act.
9494 SECTION 9. This Act takes effect immediately if it receives
9595 a vote of two-thirds of all the members elected to each house, as
9696 provided by Section 39, Article III, Texas Constitution. If this
9797 Act does not receive the vote necessary for immediate effect, this
9898 Act takes effect September 1, 2025.