Bill Text: TX HB587 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the incineration of a United States flag or Texas state flag through the cremation process at the request of any person.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2023-06-10 - Effective on 9/1/23 [HB587 Detail]
Download: Texas-2023-HB587-Enrolled.html
| H.B. No. 587 | ||
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| relating to the incineration of a United States flag or Texas state | ||
| flag through the cremation process at the request of any person. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 716.001, Health and Safety Code, is | ||
| amended by adding Subdivisions (10-a) and (16) to read as follows: | ||
| (10-a) "First responder" has the meaning assigned by | ||
| Section 421.095, Government Code. | ||
| (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. 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, 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. | ||
| SECTION 3. 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 4. This Act takes effect September 1, 2023. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 587 was passed by the House on April | ||
| 18, 2023, by the following vote: Yeas 148, Nays 0, 1 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 587 on May 17, 2023, by the following vote: Yeas 140, Nays 5, 1 | ||
| present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 587 was passed by the Senate, with | ||
| amendments, on May 15, 2023, by the following vote: Yeas 31, Nays | ||
| 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
