Texas statute
Tex. Code Crim. Proc. art. 49A.251 — Waiting period before cremation; offense
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.251
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) 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.
Official sources
This reference is informational and is not legal advice.