(a) A crematory establishment may incinerate through the cremation process and separately from human remains one or more United States flags or state flags at the request of any person, including a family member of a deceased veteran, deceased first responder, or deceased spouse or child of a veteran or first responder for the purpose of spreading the ashes on the grave or memorial site of the veteran, first responder, spouse, or child. A crematory establishment may only incinerate a flag during the week preceding and the week after the following national holidays:
(1) Memorial Day;
(2) Flag Day; and
(3) Independence Day.
(b) The commission shall adopt rules necessary to implement this section. The rules must:
(1) establish guidelines on:
(A) crematory sanitation;
(B) the release of ashes from an incinerated United States flag or state flag to the person who requested incineration of the flag; and
(C) the disposal of ashes from an incinerated flag; and
(2) ensure that incineration of the flag is in accordance with 4 U.S.C. Section 8 and Chapter 3100, Government Code, as applicable.