Texas statute
Tex. Code Crim. Proc. art. 49A.118 — Cremation
Current through 89th Legislature, 2nd Called Session (2025)
Part of Chapter 49A: DEATH INQUESTS, Texas Code of Criminal Procedure.
Amendment pending: a new version of this section takes effect Thu Apr 01 2027 00:00:00 GMT+0000 (Coordinated Universal Time).
Full text of Tex. Code Crim. Proc. art. 49A.118
Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.
(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.
Official sources
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