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Texas · Through 89th 2nd Called Legislative Session, 2025

Tex. Health and Safety Code § 716.157: INCINERATION OF UNITED STATES FLAG OR STATE FLAG THROUGH CREMATION PROCESS.

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Where this section sits in the code
  1. HEALTH AND SAFETY CODE
  2. TITLE 8. DEATH AND DISPOSITION OF THE BODY
  3. SUBTITLE C. CEMETERIES AND CREMATORIES
  4. CHAPTER 716. CREMATORIES
  5. SUBCHAPTER D. CREMATION PROCEDURES

(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.

Added by Acts 2023, 88th Leg., R.S., Ch. 474 (H.B. 587), Sec. 2, eff. September 1, 2023.

Collected 2026-08-27T01:47:17Z. Source file · JSON

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