Cremation Disputes
STATE OF TEXAS HEALTH AND SAFETY CODE TITLE 8. DEATH AND DISPOSITION OF THE BODY
Sec. 716.201. 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). Added by Acts 2003, 78th Leg., ch. 178, Sec. 2, eff. Sept. 1, 2003. Sec. 716.202. LIABILITY OF AUTHORIZING AGENT. An authorizing agent who signs a cremation authorization form is subject to Section 711.002(f) and attests to the truthfulness of the facts set forth in the form, including the identity of the deceased person and the agent’s authority under this chapter and Section 711.002. Added by Acts 2003, 78th Leg., ch. 178, Sec. 2, eff. Sept. 1, 2003. Sec. 716.203. LIABILITY OF CREMATORY ESTABLISHMENT, FUNERAL ESTABLISHMENT, FUNERAL DIRECTOR, CEMETERY, OR OTHER PERSON. (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.