Health and Safety Code § 716.157

Sec. 716.157. INCINERATION OF UNITED STATES FLAG OR STATE FLAG THROUGH CREMATION PROCESS. (a) A crematory establishment may incinerate through the cremation process and separately from human remains one or more United States flags or state flags at the request of any person, including a family member of a deceased veteran, deceased first responder, or deceased spouse or child of a veteran or first responder for the purpose of spreading the ashes on the grave or memorial site of the veteran, first responder, spouse, or child. A crematory establishment may only incinerate a flag during the week preceding and the week after the following national holidays: (1) Memorial Day; (2) Flag Day; and (3) Independence Day. (b) The commission shall adopt rules necessary to implement this section. The rules must: (1) establish guidelines on: (A) crematory sanitation; (B) the release of ashes from an incinerated United States flag or state flag to the person who requested incineration of the flag; and (C) the disposal of ashes from an incinerated flag; and (2) ensure that incineration of the flag is in accordance with 4 U.S.C. Section 8 and Chapter 3100, Government Code, as applicable. Added by Acts 2023, 88th Leg., R.S., Ch. 474 (H.B. 587), Sec. 2, eff. September 1, 2023. SUBCHAPTER E. DISPUTES AND LIABILITY