H.B. No. 587

	AN ACT
	relating to the incineration of a United States flag or Texas state
	flag through the cremation process at the request of any person.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 716.001, Health and Safety Code, is
	amended by adding Subdivisions (10-a) and (16) to read as follows:
	(10-a)  "First responder" has the meaning assigned by
	Section 421.095, Government Code.
	(16)  "Veteran" means an individual who:
	(A)  has served in:
	(i)  the army, navy, air force, coast guard,
	or marine corps of the United States;
	(ii)  the state military forces as defined
	by Section 431.001, Government Code; or
	(iii)  an auxiliary service of one of those
	branches of the armed forces; and
	(B)  has been honorably discharged from the branch
	of the service in which the individual served.
	SECTION 2.  Subchapter D, Chapter 716, Health and Safety
	Code, is amended by adding Section 716.157 to read as follows:
	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.
	SECTION 3.  As soon as practicable after the effective date
	of this Act, the Texas Funeral Service Commission shall adopt rules
	necessary to implement the changes in law made by this Act.
	SECTION 4.  This Act takes effect September 1, 2023.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 587 was passed by the House on April
	18, 2023, by the following vote:  Yeas 148, Nays 0, 1 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 587 on May 17, 2023, by the following vote:  Yeas 140, Nays 5, 1
	present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 587 was passed by the Senate, with
	amendments, on May 15, 2023, by the following vote:  Yeas 31, Nays
	0.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor