88(R) SB 105 - Introduced version - Bill Text
  88R264 KKR-D
 
  By:  Johnson S.B.  No.  105
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the cremation of human remains by alkaline hydrolysis.
               BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
               SECTION  1.    Sections 711.001(11), (12), and (13), Health and
  Safety Code, are amended to read as follows:
                           (11)    "Cremated remains" or "cremains" means the
  essential elements, including bone fragments, remaining after the
  cremation process, which may include the residue of any foreign
  materials that were cremated with the human remains.
                           (12)    "Cremation" means the irreversible process of
  reducing human remains to essential elements, including bone
  fragments, through extreme heat and evaporation or through alkaline
  hydrolysis. The process[, which] may include the processing or the
  pulverization of bone fragments.
                           (13)    "Crematory" means a structure containing a
  furnace or alkaline hydrolysis vessel used or intended to be used
  for the cremation of human remains. The term includes a facility
  that cremates human remains through alkaline hydrolysis.
               SECTION  2.    Section 716.001(5), Health and Safety Code, is
  amended to read as follows:
                           (5)    "Cremation" means the irreversible process of
  reducing human remains to essential elements, including bone
  fragments, through direct flame, extreme heat, and evaporation or
  through alkaline hydrolysis. The term may include pulverization,
  which is the process of reducing identifiable bone fragments after
  cremation and processing granulated particles by manual or
  mechanical means.
               SECTION  3.    Section 716.002, Health and Safety Code, is
  amended to read as follows:
               Sec.  716.002.    CREMATION RULES. (a) The commission may
  adopt rules consistent with this chapter and Chapter 651,
  Occupations Code, to govern the cremation of human remains.
               (b)    Notwithstanding the provisions of this chapter and
  Chapter 651, Occupations Code, the commission may modify cremation
  procedures and requirements under Subchapter D to the extent
  necessary to allow cremation through alkaline hydrolysis.
               SECTION  4.    Subchapter D, Chapter 716, Health and Safety
  Code, is amended by adding Section 716.1525 to read as follows:
               Sec.  716.1525.    ALKALINE HYDROLYSIS CREMATION.  
  Notwithstanding Sections 716.151 and 716.152, the commission by
  rule shall establish the requirements for cremation through
  alkaline hydrolysis, including rules for the cremation process and
  for containers used in the process.
               SECTION  5.    Section 651.001(3), Occupations Code, is amended
  to read as follows:
                           (3)    "Crematory" means a structure containing a furnace
  or alkaline hydrolysis vessel used or intended to be used for the
  cremation of human remains. The term includes a facility that
  cremates human remains through alkaline hydrolysis.
               SECTION  6.    Section 651.651(1), Occupations Code, is amended
  to read as follows:
                           (1)    "Cremation" means the irreversible process of
  reducing human remains to essential elements, including bone
  fragments, through direct flame, extreme heat, and evaporation or
  through alkaline hydrolysis. The term may include pulverization,
  which is the process of reducing identifiable bone fragments after
  cremation and processing granulated particles by manual or
  mechanical means.
               SECTION  7.    Not later than December 1, 2023, the Texas
  Funeral Service Commission shall adopt rules to implement the
  changes in law made by this Act.
               SECTION  8.    This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.    If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.

Statutes affected:
Introduced: Health and Safety Code 711.001, Health and Safety Code 716.001, Health and Safety Code 716.002, Occupations Code 651.001, Occupations Code 651.651 (Health and Safety Code 716, Health and Safety Code 711, Occupations Code 651)