CHAPTER 694. BURIAL - Texas Statutes

HEALTH AND SAFETY CODE

TITLE 8. DEATH AND DISPOSITION OF THE BODY

SUBTITLE B. DISPOSITION OF THE BODY

CHAPTER 694. BURIAL

Sec. 694.001. DUTIES OF TEXAS DEPARTMENT OF HEALTH. The Texas

Department of Health shall regulate the disposal, transportation,

interment, and disinterment of dead bodies to the extent

reasonable and necessary to protect public health and safety.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 694.002. DUTY OF COMMISSIONERS COURT CONCERNING DISPOSITION

OF BODY OF DECEASED PAUPERS. (a) The commissioners court of

each county shall provide for the disposition of the body of a

deceased pauper. The commissioners court may adopt rules to

implement this section.

(b) The commissioners court shall consider any information,

including the religious affiliation of the deceased pauper,

provided by a person listed in Section 711.002(a).

(c) If a county discovers cash in the possession of a deceased

pauper, a county may use the cash to pay the actual costs

incurred by the county in disposing of the pauper's body.

(d) If any cash remains after the county has paid the costs of

disposing of the body under Subsection (c), the county shall

place the cash in trust. A person having a claim to the money in

trust must exercise the right to collect the money not later than

the first anniversary of the date of disposition of the pauper's

body.

(e) A county may create a fund to be used by the county to pay

the costs incurred in disposing of the bodies of deceased paupers

and administering the county's body disposition activities. If

money placed in a trust under Subsection (d) is not claimed by

the first anniversary of the date of disposition of the pauper's

body, the county may transfer the money to the fund created under

this subsection.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 211, eff. Sept. 1,

1991; Acts 1999, 76th Leg., ch. 929, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

404, Sec. 1, eff. June 19, 2009.

Acts 2009, 81st Leg., R.S., Ch.

480, Sec. 1, eff. June 19, 2009.

Sec. 694.003. POWER OF GOVERNING BODY OF TYPE A GENERAL-LAW

MUNICIPALITY CONCERNING BURIAL. The governing body of a Type A

general-law municipality may regulate the burial of the dead.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.