§ 716.157 — INCINERATION OF UNITED STATES FLAG OR STATE FLAG THROUGH CREMATION PROCESS.

Texas § 716.157

• Jurisdiction: Texas
• Code HS: Health and Safety Code

Text

Sec. 716.157. INCINERATION OF UNITED STATES FLAG OR STATE FLAG THROUGH CREMATION PROCESS. (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.
SUBCHAPTER E. DISPUTES AND LIABILITY

Legislative History

Added by Acts 2023, 88th Leg., R.S., Ch. 474 (H.B. 587 ), Sec. 2, eff. September 1, 2023.