{"data":{"id":"us-tx/tex.-health-and-safety-code-716.004","jurisdiction":"us-tx","citation":"Tex. Health and Safety Code § 716.004","heading":"WAITING PERIOD FOR CREMATION.","body":"(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:\n(1) a justice of the peace or medical examiner of the county in which the death occurred; or\n(2) a court order.\n(b) A justice of the peace or medical examiner's office authorized to grant a waiver under Subsection (a) shall adopt a written policy for requesting a waiver under Subsection (a). In adopting the written policy, the justice of the peace or medical examiner's office shall consider how a person makes a request, and how the justice of the peace or medical examiner may process the request as quickly as possible. The written policy must outline the process of making a request for a waiver under Subsection (a) during regular business hours and outside of regular business hours, including on a weekend day or holiday.\nAdded by Acts 2003, 78th Leg., ch. 178, Sec. 2, eff. Sept. 1, 2003.\nAmended by:\nActs 2009, 81st Leg., R.S., Ch. 263 (H.B. 1468), Sec. 33(1), eff. September 1, 2009.\nActs 2015, 84th Leg., R.S., Ch. 237 (S.B. 292), Sec. 1, eff. May 29, 2015.","path":["HEALTH AND SAFETY CODE","TITLE 8. DEATH AND DISPOSITION OF THE BODY","SUBTITLE C. CEMETERIES AND CREMATORIES","CHAPTER 716. CREMATORIES","SUBCHAPTER A. GENERAL PROVISIONS"],"source_url":"https://statutes.capitol.texas.gov/Docs/HS/htm/HS.716.htm#716.004","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:17Z","sha256":"74cb8c3d08008269c20ba4a6defee319d7151d4b2aab08d709e780deb40597b8","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-health-and-safety-code-716.0035","next":"us-tx/tex.-health-and-safety-code-716.005"},"notice":"GroundRules: Original legal text. Not legal advice."}