Tex. Health & Safety Code § 716.203 · Subchapter E. DISPUTES AND LIABILITY
LIABILITY OF CREMATORY ESTABLISHMENT, FUNERAL ESTABLISHMENT, FUNERAL DIRECTOR, CEMETERY, OR OTHER PERSON.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A crematory establishment, funeral establishment, funeral director, cemetery, or other person that contracts to provide for a cremation, accepts human remains, cremates human remains, or releases or disposes of the cremated remains as provided on a cremation authorization form is not criminally or civilly liable for performing the actions authorized.
(b) A crematory establishment or funeral establishment is not criminally or civilly liable for disposing of cremated remains after the 120th day after the date of cremation in accordance with this chapter if:
(1) the authorizing agent did not authorize shipment of the remains or provide a shipping address on the authorization form; and
(2) the authorizing agent did not claim the remains before the 121st day following the date of cremation.
(c) A crematory establishment is not liable in a civil action or criminal prosecution for any valuables delivered with human remains if the crematory establishment exercises reasonable care in protecting the valuables.
(d) A crematory establishment, funeral establishment, funeral director, cemetery, or other person is not liable in a civil action for representations made by the authorizing agent or the agent's representative in the cremation authorization form.
(e) The commission may not initiate disciplinary action against a crematory establishment on the basis of a complaint based on the conduct of an employee, agent, or representative of the establishment that is:
(1) performed outside of the scope and authority of employment; or
(2) contrary to the written instructions of the crematory establishment.
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 507237316699edb4ae385c553825b4e43bd39a756e640e702084ed2f8be96428
- 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.