89R5785 EAS-D
By: Hernandez H.B. No. 2200
A BILL TO BE ENTITLED
AN ACT
relating to the cremation of human remains by natural organic
reduction.
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 natural
organic reduction. The process[, which] may include the processing
or the pulverization of bone fragments.
(13) "Crematory" means a structure containing a
furnace or natural organic reduction chamber used or intended to be
used for the cremation of human remains. The term includes a
facility that cremates human remains through natural organic
reduction.
SECTION 2. Sections 716.001(5), (6), and (9), Health and
Safety Code, are 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 natural organic reduction. 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.
(6) "Cremation chamber" means an enclosed chamber
[retort] used exclusively for cremation of human remains. The term
includes a natural organic reduction chamber.
(9) "Crematory" means a structure containing a furnace
or natural organic reduction chamber [retort] used or intended to
be used for cremating [cremation of] human remains. The term
includes a facility that cremates human remains through natural
organic reduction.
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 natural organic reduction.
SECTION 4. Section 716.151(a), Health and Safety Code, is
amended to read as follows:
(a) Except as provided by Section 716.1525, human [Human]
remains must be placed in a cremation container that:
(1) is made of combustible materials suitable for
cremation;
(2) provides a complete covering of the body;
(3) is resistant to leakage or spillage;
(4) is rigid for easy handling; and
(5) protects the health and safety of crematory
personnel.
SECTION 5. Subchapter D, Chapter 716, Health and Safety
Code, is amended by adding Section 716.1525 to read as follows:
Sec. 716.1525. NATURAL ORGANIC REDUCTION CREMATION.
Notwithstanding Sections 716.151 and 716.152, the commission by
rule shall establish the requirements for cremation through natural
organic reduction, including rules for the cremation process and
for containers used in the process.
SECTION 6. Section 651.001(3), Occupations Code, is amended
to read as follows:
(3) "Crematory" means a structure containing a furnace
or natural organic reduction chamber used or intended to be used for
the cremation of human remains. The term includes a facility that
cremates human remains through natural organic reduction.
SECTION 7. Sections 651.651(1) and (2), Occupations Code,
are 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 natural organic reduction. 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.
(2) "Crematory establishment" means a business
licensed under this subchapter to operate a crematory and to
perform cremation services, including a facility that cremates
human remains through natural organic reduction.
SECTION 8. Not later than December 1, 2025, the Texas
Funeral Service Commission shall adopt rules to implement the
changes in law made by this Act.
SECTION 9. 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, 2025.