Waiting Period Before Cremation; Offense

Art. 49A.251. WAITING PERIOD BEFORE CREMATION; OFFENSE. (a) The body of a deceased person may not be cremated within 48 hours after the time of death as indicated on the death certificate, unless: (1) the death certificate indicates death was caused by: (A) Asiatic cholera; (B) bubonic plague; (C) typhus fever; or (D) smallpox; or (2) the time requirement is waived in writing by the medical examiner or, in counties not having a medical examiner, a justice of the peace. (b) In a public health disaster, the Department of State Health Services may designate additional communicable diseases for which cremation within 48 hours after the time of death is authorized. (c) A person commits an offense if the person knowingly violates this article. An offense under this subsection is a Class B misdemeanor. 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