Cremation

Art. 49A.118. CREMATION. (a) A body on which an inquest is authorized by this subchapter may not be cremated unless the body is identified and: (1) an autopsy was performed as provided by this subchapter; or (2) an autopsy was not necessary. (b) Before a body may be cremated, the owner or operator of the crematory shall demand, and the medical examiner of the county in which the death occurred shall provide, a certificate that is signed by the medical examiner and that shows: (1) an autopsy was performed on the body; or (2) an autopsy was not necessary. (c) Before providing a certificate under Subsection (b), the medical examiner shall determine whether, from all the circumstances surrounding the death, an autopsy is necessary. (d) The owner or operator of a crematory shall preserve a certificate provided by a medical examiner under this article for a period of two years after the cremation date for the body. (e) An autopsy by the medical examiner is not required as a prerequisite to cremation if the person's death was caused by: (1) Asiatic cholera; (2) bubonic plague; (3) typhus fever; or (4) smallpox. Added by Acts 2025, 89th Leg., R.S., Ch. 202 (H.B. 1610), Sec. 1.01, eff. April 1, 2027. Text of article effective on April 01, 2027