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Tex. Health & Safety Code § 716.004

WAITING PERIOD FOR CREMATION

Applied in 1 court decision — leading case SCI Tex. Funeral Servs., Inc. v. Nelson (2018)

Most recently applied in SCI Tex. Funeral Servs., Inc. v. Nelson (February 2018)

Added by Acts 2003, 78th Leg., ch. 178, Sec. 2, eff

(a) A crematory establishment may not cremate human remains within 48 hours of the time of death indicated on a death certificate unless the waiting period is waived in writing by:

(1) a justice of the peace or medical examiner of the county in which the death occurred; or

(2) a court order.

(b) A justice of the peace or medical examiner's office authorized to grant a waiver under Subsection (a) shall adopt a written policy for requesting a waiver under Subsection (a). In adopting the written policy, the justice of the peace or medical examiner's office shall consider how a person makes a request, and how the justice of the peace or medical examiner may process the request as quickly as possible. The written policy must outline the process of making a request for a waiver under Subsection (a) during regular business hours and outside of regular business hours, including on a weekend day or holiday.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.