1 | 1 | | 89R5785 EAS-D |
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2 | 2 | | By: Hernandez H.B. No. 2200 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the cremation of human remains by natural organic |
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10 | 10 | | reduction. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Sections 711.001(11), (12), and (13), Health and |
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13 | 13 | | Safety Code, are amended to read as follows: |
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14 | 14 | | (11) "Cremated remains" or "cremains" means the |
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15 | 15 | | essential elements, including bone fragments, remaining after the |
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16 | 16 | | cremation process, which may include the residue of any foreign |
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17 | 17 | | materials that were cremated with the human remains. |
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18 | 18 | | (12) "Cremation" means the irreversible process of |
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19 | 19 | | reducing human remains to essential elements, including bone |
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20 | 20 | | fragments, through extreme heat and evaporation or through natural |
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21 | 21 | | organic reduction. The process[, which] may include the processing |
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22 | 22 | | or the pulverization of bone fragments. |
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23 | 23 | | (13) "Crematory" means a structure containing a |
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24 | 24 | | furnace or natural organic reduction chamber used or intended to be |
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25 | 25 | | used for the cremation of human remains. The term includes a |
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26 | 26 | | facility that cremates human remains through natural organic |
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27 | 27 | | reduction. |
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28 | 28 | | SECTION 2. Sections 716.001(5), (6), and (9), Health and |
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29 | 29 | | Safety Code, are amended to read as follows: |
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30 | 30 | | (5) "Cremation" means the irreversible process of |
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31 | 31 | | reducing human remains to essential elements, including bone |
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32 | 32 | | fragments, through direct flame, extreme heat, and evaporation or |
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33 | 33 | | through natural organic reduction. The term may include |
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34 | 34 | | pulverization, which is the process of reducing identifiable bone |
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35 | 35 | | fragments after cremation and processing granulated particles by |
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36 | 36 | | manual or mechanical means. |
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37 | 37 | | (6) "Cremation chamber" means an enclosed chamber |
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38 | 38 | | [retort] used exclusively for cremation of human remains. The term |
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39 | 39 | | includes a natural organic reduction chamber. |
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40 | 40 | | (9) "Crematory" means a structure containing a furnace |
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41 | 41 | | or natural organic reduction chamber [retort] used or intended to |
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42 | 42 | | be used for cremating [cremation of] human remains. The term |
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43 | 43 | | includes a facility that cremates human remains through natural |
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44 | 44 | | organic reduction. |
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45 | 45 | | SECTION 3. Section 716.002, Health and Safety Code, is |
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46 | 46 | | amended to read as follows: |
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47 | 47 | | Sec. 716.002. CREMATION RULES. (a) The commission may |
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48 | 48 | | adopt rules consistent with this chapter and Chapter 651, |
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49 | 49 | | Occupations Code, to govern the cremation of human remains. |
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50 | 50 | | (b) Notwithstanding the provisions of this chapter and |
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51 | 51 | | Chapter 651, Occupations Code, the commission may modify cremation |
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52 | 52 | | procedures and requirements under Subchapter D to the extent |
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53 | 53 | | necessary to allow cremation through natural organic reduction. |
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54 | 54 | | SECTION 4. Section 716.151(a), Health and Safety Code, is |
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55 | 55 | | amended to read as follows: |
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56 | 56 | | (a) Except as provided by Section 716.1525, human [Human] |
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57 | 57 | | remains must be placed in a cremation container that: |
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58 | 58 | | (1) is made of combustible materials suitable for |
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59 | 59 | | cremation; |
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60 | 60 | | (2) provides a complete covering of the body; |
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61 | 61 | | (3) is resistant to leakage or spillage; |
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62 | 62 | | (4) is rigid for easy handling; and |
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63 | 63 | | (5) protects the health and safety of crematory |
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64 | 64 | | personnel. |
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65 | 65 | | SECTION 5. Subchapter D, Chapter 716, Health and Safety |
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66 | 66 | | Code, is amended by adding Section 716.1525 to read as follows: |
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67 | 67 | | Sec. 716.1525. NATURAL ORGANIC REDUCTION CREMATION. |
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68 | 68 | | Notwithstanding Sections 716.151 and 716.152, the commission by |
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69 | 69 | | rule shall establish the requirements for cremation through natural |
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70 | 70 | | organic reduction, including rules for the cremation process and |
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71 | 71 | | for containers used in the process. |
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72 | 72 | | SECTION 6. Section 651.001(3), Occupations Code, is amended |
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73 | 73 | | to read as follows: |
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74 | 74 | | (3) "Crematory" means a structure containing a furnace |
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75 | 75 | | or natural organic reduction chamber used or intended to be used for |
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76 | 76 | | the cremation of human remains. The term includes a facility that |
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77 | 77 | | cremates human remains through natural organic reduction. |
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78 | 78 | | SECTION 7. Sections 651.651(1) and (2), Occupations Code, |
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79 | 79 | | are amended to read as follows: |
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80 | 80 | | (1) "Cremation" means the irreversible process of |
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81 | 81 | | reducing human remains to essential elements, including bone |
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82 | 82 | | fragments, through direct flame, extreme heat, and evaporation or |
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83 | 83 | | through natural organic reduction. The term may include |
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84 | 84 | | pulverization, which is the process of reducing identifiable bone |
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85 | 85 | | fragments after cremation and processing granulated particles by |
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86 | 86 | | manual or mechanical means. |
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87 | 87 | | (2) "Crematory establishment" means a business |
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88 | 88 | | licensed under this subchapter to operate a crematory and to |
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89 | 89 | | perform cremation services, including a facility that cremates |
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90 | 90 | | human remains through natural organic reduction. |
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91 | 91 | | SECTION 8. Not later than December 1, 2025, the Texas |
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92 | 92 | | Funeral Service Commission shall adopt rules to implement the |
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93 | 93 | | changes in law made by this Act. |
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94 | 94 | | SECTION 9. This Act takes effect immediately if it receives |
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95 | 95 | | a vote of two-thirds of all the members elected to each house, as |
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96 | 96 | | provided by Section 39, Article III, Texas Constitution. If this |
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97 | 97 | | Act does not receive the vote necessary for immediate effect, this |
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98 | 98 | | Act takes effect September 1, 2025. |
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