By: Patterson H.B. No. 587       A BILL TO BE ENTITLED   AN ACT   relating to the cremation of deceased veterans with a United States   flag or Texas state flag and the incineration of those flags through   the cremation process.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 716.001, Health and Safety Code, is   amended by amending Subdivision (4) and adding Subdivision (16) to   read as follows:                (4)  "Cremated remains" means the recoverable human   remains after the completion of the cremation process. The term may   include the residue of any nonhuman matter cremated with the   deceased human body including casket material, bridgework,   eyeglasses, the United States flag or state flag, or other   material.                (16)  "Veteran" means an individual who:                      (A)  has served in:                            (i)  the army, navy, air force, coast guard,   or marine corps of the United States;                            (ii)  the state military forces as defined   by Section 431.001, Government Code; or                            (iii)  an auxiliary service of one of those   branches of the armed forces; and                      (B)  has been honorably discharged from the branch   of the service in which the individual served.          SECTION 2.  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)  The rules must:                (1)  allow a veteran to be cremated with the United   States flag or state flag at the request of the veteran or the   veteran's authorizing agent; and                (2)  ensure that incineration of the United States flag   or state flag with a veteran is in accordance with 4 U.S.C. Section   8 and Chapter 3100, Government Code, as applicable.          SECTION 3.  Section 716.052(a), Health and Safety Code, is   amended to read as follows:          (a)  A cremation authorization form must:                (1)  identify the deceased person and the time and date   of death;                (2)  include the name and address of the funeral   director or other person that contracted to provide for the   cremation;                (3)  identify the authorizing agent and the   relationship between the authorizing agent and the deceased person;                (4)  include a statement by the authorizing agent that:                      (A)  the authorizing agent has the right to   authorize the cremation of the deceased person and is not aware of   any person with a superior or equal priority right; or                      (B)  if another person has an equal priority right   to authorize cremation, the authorizing agent:                            (i)  has made all reasonable efforts but   failed to contact that person and believes the person would not   object to the cremation; and                            (ii)  agrees to indemnify and hold harmless   the funeral establishment and the crematory establishment for any   liability arising from performing the cremation without the   person's authorization;                (5)  authorize the crematory establishment to cremate   the human remains;                (6)  declare that to their knowledge the human remains   do not contain a pacemaker or any other material or implant that may   potentially be hazardous or cause damage to the cremation chamber   or the person performing the cremation;                (7)  include the name of the funeral establishment or   other person authorized to receive the cremated remains from the   crematory establishment;                (8)  detail the manner of permanent disposition of the   cremated remains, if known;                (9)  list any items of value delivered to the crematory   establishment along with the human remains and include instructions   on the handling of the items;                (10)  specify whether the authorizing agent has   arranged for a viewing of the deceased person or service with the   deceased person present before cremation and the date and time of   the viewing or service; [and]                (11)  include a space for the authorizing agent to   request that a deceased person who is a veteran be cremated with the   United States flag or state flag; and                (12)  include the signature of the authorizing agent   attesting to the accuracy of all representations contained on the   cremation authorization form.          SECTION 4.  Subchapter D, Chapter 716, Health and Safety   Code, is amended by adding Section 716.157 to read as follows:          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. 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.          SECTION 5.  As soon as practicable after the effective date   of this Act, the Texas Funeral Service Commission shall adopt rules   necessary to implement the changes in law made by this Act.          SECTION 6.  This Act takes effect September 1, 2023.