Tex. Health & Safety Code Section 716.004
Waiting Period for Cremation

(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.
Added by Acts 2003, 78th Leg., ch. 178, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 263 (H.B. 1468), Sec. 33(1), eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 237 (S.B. 292), Sec. 1, eff. May 29, 2015.

Source: Section 716.004 — Waiting Period for Cremation, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­716.­htm#716.­004 (accessed Apr. 20, 2024).

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Accessed:
Apr. 20, 2024

§ 716.004’s source at texas​.gov