Texas law on any date › Health and Safety Code
Health and Safety Code §716.201
In force on Sep 01, 2003 · this text took effect Sep 01, 2003 · same as today's text
CREMATION DISPUTE
(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).
History: Added by Acts 2003, 78th Leg., ch. 178, Sec. 2, eff. Sept. 1, 2003.
Source: the Legislature's file server, seen Apr 14, 2021 to Nov 08, 2026.
Every version on file
- Effective Sep 01, 2003 · seen Apr 2021–Nov 2026
A research copy. The official text is the Legislature's (statutes), the Secretary of State's (Texas Administrative Code) or eCFR's (federal rules). Not legal advice.