Tex. Health & Safety Code § 716.201 · Subchapter E. DISPUTES AND LIABILITY
CREMATION DISPUTE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Until authorized by a valid court order, a crematory establishment, funeral establishment, cemetery, or other person may refuse to accept deceased human remains or to perform a cremation if the crematory establishment, funeral establishment, cemetery, or person is aware of:
(1) a dispute that has not been resolved or settled concerning the cremation of the remains;
(2) a reasonable basis for questioning any representation made by the authorizing agent; or
(3) any other lawful reason for refusing to accept or cremate the remains.
(b) A crematory establishment, funeral establishment, cemetery, or other person aware of any dispute concerning the release or disposition of the cremated remains may refuse to release the remains until:
(1) the dispute has been resolved or settled; or
(2) authorized by a valid court order to release or dispose of the remains.
(c) A crematory establishment, funeral establishment, cemetery, or other person is not liable in a civil action or criminal prosecution for refusing to accept or cremate human remains in accordance with Subsection (a) or for refusing to release or dispose of or releasing or disposing of cremated remains in accordance with Subsection (b).
Notes and commentary — not statutory text
History
Added by Acts 2003, 78th Leg., ch. 178, Sec. 2, eff. Sept. 1, 2003.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HS/htm/HS.716.htm
- Text hash
- sha256 54c5521a84567b25f22f716854ed52fd1bb07af75412003be8b5c4be7f0d5405
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.