Relating to the cremation of human remains by natural organic reduction.

89(R) HB 2200 - House Committee Report version - Bill Text

89R5785 EAS-D

By: Hernandez

H.B. No. 2200

A BILL TO BE ENTITLED

AN ACT

relating to the cremation of human remains by natural organic

reduction.

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 natural

organic reduction. The process
[
, which
] may include the processing

or the pulverization of bone fragments.

(13) "Crematory" means a structure containing a

furnace
or natural organic reduction chamber
used or intended to be

used for the cremation of human remains.
The term includes a

facility that cremates human remains through natural organic

reduction.

SECTION 2. Sections 716.001(5), (6), and (9), Health and

Safety Code, are 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 natural organic reduction
. 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.

(6) "Cremation chamber" means an enclosed
chamber

[
retort
] used exclusively for cremation of human remains.
The term

includes a natural organic reduction chamber.

(9) "Crematory" means a structure containing a
furnace

or natural organic reduction chamber
[
retort
] used or intended to

be used for
cremating
[
cremation of
] human remains.
The term

includes a facility that cremates human remains through natural

organic reduction.

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 natural organic reduction.

SECTION 4. Section 716.151(a), Health and Safety Code, is

amended to read as follows:

(a)
Except as provided by Section 716.1525, human
[
Human
]

remains must be placed in a cremation container that:

(1) is made of combustible materials suitable for

cremation;

(2) provides a complete covering of the body;

(3) is resistant to leakage or spillage;

(4) is rigid for easy handling; and

(5) protects the health and safety of crematory

personnel.

SECTION 5. Subchapter D, Chapter 716, Health and Safety

Code, is amended by adding Section 716.1525 to read as follows:

Sec.

716.1525.

NATURAL ORGANIC REDUCTION CREMATION.

Notwithstanding Sections 716.151 and 716.152, the commission by

rule shall establish the requirements for cremation through natural

organic reduction, including rules for the cremation process and

for containers used in the process.

SECTION 6. Section 651.001(3), Occupations Code, is amended

to read as follows:

(3) "Crematory" means a structure containing a furnace

or natural organic reduction chamber
used or intended to be used for

the cremation of human remains.
The term includes a facility that

cremates human remains through natural organic reduction.

SECTION 7. Sections 651.651(1) and (2), Occupations Code,

are 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 natural organic reduction
. 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.

(2) "Crematory establishment" means a business

licensed under this subchapter to operate a crematory and to

perform cremation services
, including a facility that cremates

human remains through natural organic reduction
.

SECTION 8. Not later than December 1, 2025, the Texas

Funeral Service Commission shall adopt rules to implement the

changes in law made by this Act.

SECTION 9. 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, 2025.