| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the waiting period before human remains may be |
|
|
cremated. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 716.004, Health and Safety Code, is |
|
|
amended by amending Subsection (a) and adding Subsection (b) to |
|
|
read as follows: |
|
|
(a) A crematory establishment may not cremate human remains |
|
|
within 48 hours of the time of death indicated on a death |
|
|
certificate unless the waiting period is waived in writing by: |
|
|
(1) a justice of the peace or medical examiner of the |
|
|
county in which the death occurred; [or] |
|
|
(2) a court order; or |
|
|
(3) a physician licensed to practice medicine in this |
|
|
state, subject to Subsection (b). |
|
|
(b) A physician's written waiver of the time requirement |
|
|
specified under Subsection (a) is valid only if the medical |
|
|
certification required for filing a death certificate under Chapter |
|
|
193 has been completed and either: |
|
|
(1) any inquest or death investigation required under |
|
|
Chapter 49, Code of Criminal Procedure, has been completed; or |
|
|
(2) the physician submits a sworn affidavit stating |
|
|
that, to the best of the physician's belief, no circumstance |
|
|
requiring an inquest or death investigation under Chapter 49, Code |
|
|
of Criminal Procedure, has occurred. |
|
|
SECTION 2. Section 10a, Article 49.25, Code of Criminal |
|
|
Procedure, is amended to read as follows: |
|
|
Sec. 10a. WAITING PERIOD BETWEEN DEATH AND CREMATION. (a) |
|
|
The body of a deceased person shall not be cremated within 48 hours |
|
|
after the time of death as indicated on the regular death |
|
|
certificate, unless: |
|
|
(1) the death certificate indicates death was caused |
|
|
by the pestilential disease [diseases] of Asiatic cholera, bubonic |
|
|
plague, typhus fever, or smallpox; [,] or |
|
|
(2) [unless] the time requirement is waived in writing |
|
|
by: |
|
|
(A) the county medical examiner; |
|
|
(B) [or,] in counties not having a county medical |
|
|
examiner, a justice of the peace; or |
|
|
(C) a physician who is licensed to practice |
|
|
medicine in this state, and the written waiver is valid under |
|
|
Section 716.004(b), Health and Safety Code. |
|
|
(b) In a public health disaster, the commissioner of public |
|
|
health may designate other communicable diseases for which |
|
|
cremation within 48 hours of the time of death is authorized. |
|
|
SECTION 3. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2013. |