Texas § HS.716.004 - WAITING PERIOD FOR CREMATION
Full text of Texas The Texas Constitution § HS.716.004 — WAITING PERIOD FOR CREMATION, with citation guidance and answers to common questions.
§ HS.716.004. WAITING PERIOD FOR CREMATION
WAITING PERIOD FOR CREMATION. (a) A crematory establishment may not cremate human remains within 48 hours of the time of death indicated on a death certificate unless the waiting period is waived in writing by: (1) a justice of the peace or medical examiner of the county in which the death occurred; or (2) a court order. (b) A justice of the peace or medical examiner's office authorized to grant a waiver under Subsection (a) shall adopt a written policy for requesting a waiver under Subsection (a). In adopting the written policy, the justice of the peace or medical examiner's office shall consider how a person makes a request, and how the justice of the peace or medical examiner may process the request as quickly as possible. The written policy must outline the process of making a request for a waiver under Subsection (a) during regular business hours and outside of regular business hours, including on a weekend day or holiday. Added by Acts 2003, 78th Leg., ch. 178, Sec. 2, eff. Sept. 1, 2003. Amended by: Acts 2009, 81st Leg., R.S., Ch. 263 (H.B. 1468 ), Sec. 33(1), eff. September 1, 2009. Acts 2015, 84th Leg., R.S., Ch. 237 (S.B. 292 ), Sec. 1, eff. May 29, 2015.
Source: official Texas text · Last verified 2026-08-27
Frequently Asked Questions About Texas § HS.716.004
What does The Texas Constitution § HS.716.004 cover?
Section HS.716.004 ("WAITING PERIOD FOR CREMATION") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § HS.716.004?
A common citation format is "The Texas Constitution § HS.716.004" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § HS.716.004 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.