Texas § 49A.251 WAITING PERIOD BEFORE CREMATION; OFFENSE.

Texas Statutes

§ 49A.251 — WAITING PERIOD BEFORE CREMATION; OFFENSE.

Texas § 49A.251

Code CRCode of Criminal Procedure

This text of Texas § 49A.251 (WAITING PERIOD BEFORE CREMATION; OFFENSE.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Code of Criminal Procedure Code Ann. § 49A.251 (2026).

Text

Text of article effective on April 01, 2027 Art. 49A.251. WAITING PERIOD BEFORE CREMATION; OFFENSE.

(a)The body of a deceased person may not be cremated within 48 hours after the time of death as indicated on the death certificate, unless:

(1)the death certificate indicates death was caused by:

(A)Asiatic cholera;

(B)bubonic plague;

(C)typhus fever; or

(D)smallpox; or

(2)the time requirement is waived in writing by the medical examiner or, in counties not having a medical examiner, a justice of the peace.

(b)In a public health disaster, the Department of State Health Services may designate additional communicable diseases for which cremation within 48 hours after the time of death is authorized.

(c)A person commits an offense if the person knowingly violates this article. An offen

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Text of article effective on April 01, 2027
Art. 49A.251. WAITING PERIOD BEFORE CREMATION; OFFENSE. (a) The body of a deceased person may not be cremated within 48 hours after the time of death as indicated on the death certificate, unless:
(1) the death certificate indicates death was caused by:
(A) Asiatic cholera;
(B) bubonic plague;
(C) typhus fever; or
(D) smallpox; or
(2) the time requirement is waived in writing by the medical examiner or, in counties not having a medical examiner, a justice of the peace.
(b) In a public health disaster, the Department of State Health Services may designate additional communicable diseases for which cremation within 48 hours after the time of death is authorized.
(c) A person commits an offense if the person knowingly violates this article. An offense under this subsection is a Class B misdemeanor.