Texas 2025 - 89th Regular

Texas House Bill HB3357 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Oliverson H.B. No. 3357
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to cremation authorization procedures in counties with
9	9	medical examiners.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 716.051, Health and Safety Code, is
12	12	amended to read as follows:
13	13	Sec. 716.051. CREMATION AUTHORIZATION. Except as otherwise
14	14	provided in this chapter, a crematory establishment may not cremate
15	15	deceased human remains until it receives:
16	16	(1) a cremation authorization form signed by an
17	17	authorizing agent; [and]
18	18	(2) a death certificate or other death record that
19	19	indicates the deceased human remains may be cremated; and
20	20	(3) for a death that occurred in a county with a
21	21	medical examiner appointed in accordance with Article 49.25, Code
22	22	of Criminal Procedure, a certificate signed by the medical examiner
23	23	indicating the medical examiner:
24	24	(A) examined the human remains and certified an
25	25	inquest was unnecessary;
26	26	(B) chose not to examine the human remains and
27	27	authorized release of the remains for cremation; or
28	28	(C) held an inquest and authorized release of the
29	29	human remains for cremation.
30	30	SECTION 2. Section 6(a), Article 49.25, Code of Criminal
31	31	Procedure, is amended to read as follows:
32	32	(a) Any medical examiner, or his duly authorized deputy,
33	33	shall be authorized, and it shall be his duty, to hold inquests with
34	34	or without a jury within his county, in the following cases:
35	35	1. When a person shall die within twenty-four hours
36	36	after admission to a hospital or institution or in prison or in
37	37	jail;
38	38	2. When any person is killed; or from any cause dies an
39	39	unnatural death, except under sentence of the law; or dies in the
40	40	absence of one or more good witnesses;
41	41	3. When the body or a body part of a person is found and
42	42	either:
43	43	(A) the person is identified but the cause or
44	44	circumstances of death are unknown; or
45	45	(B) the person is unidentified, regardless of
46	46	whether the cause or circumstances of death are known;
47	47	4. When the circumstances of the death of any person
48	48	are such as to lead to suspicion that he came to his death by
49	49	unlawful means;
50	50	5. When any person commits suicide, or the
51	51	circumstances of his death are such as to lead to suspicion that he
52	52	committed suicide;
53	53	6. When a person dies without having been attended by a
54	54	duly licensed and practicing physician, and the local health
55	55	officer or registrar required to report the cause of death under
56	56	Section 193.005, Health and Safety Code, does not know the cause of
57	57	death. When the local health officer or registrar of vital
58	58	statistics whose duty it is to certify the cause of death does not
59	59	know the cause of death, he shall so notify the medical examiner of
60	60	the county in which the death occurred and request an inquest;
61	61	7. When the person is a child who is younger than six
62	62	years of age and the death is reported under Chapter 264, Family
63	63	Code; [and]
64	64	8. When a person dies who has been attended
65	65	immediately preceding his death by a duly licensed and practicing
66	66	physician or physicians, and such physician or physicians are not
67	67	certain as to the cause of death and are unable to certify with
68	68	certainty the cause of death as required by Section 193.004, Health
69	69	and Safety Code. In case of such uncertainty the attending
70	70	physician or physicians, or the superintendent or general manager
71	71	of the hospital or institution in which the deceased shall have
72	72	died, shall so report to the medical examiner of the county in which
73	73	the death occurred, and request an inquest; and
74	74	9. When a medical examiner examines human remains
75	75	before authorizing a cremation under Section 716.051, Health and
76	76	Safety Code, and determines performance of an inquest is necessary.
77	77	SECTION 3. Section (b), Chapter 181.2, Texas Administrative
78	78	Code, is amended to read as follows:
79	79	(b) If a dead body or fetus is to be removed from this state,
80	80	transported by common carrier within this state, or cremated, the
81	81	funeral director, or person acting as such, shall obtain a
82	82	burial-transit permit from the Local Registrar where the death
83	83	certificate is or will be filed, or from the State Registrar
84	84	electronically through a Vital Statistics Section electronic death
85	85	registration system. The registrar shall not issue a
86	86	burial-transit permit until a certificate of death, completed in so
87	87	far as possible and a cremation authorization permit issued in
88	88	accordance with Health and Safety Code Section 716.05(3)hashave
89	89	been presented (See §181.6 of this title (relating to
90	90	Disinterment)).
91	91	SECTION 4. This Act takes effect September 1, 2025.