Johnson’s bill allowing cremation by alkaline hydrolysis

The text as introduced · 553 words

89R9423 EAS-D

By: Johnson
S.B. No. 1327

A BILL TO BE ENTITLED

AN ACT

relating to the cremation of human remains by alkaline hydrolysis.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 711.001(11), (12), and (13), Health and

Safety Code, are amended to read as follows:

(11) "Cremated remains" or "cremains" means the

essential elements, including bone fragments , remaining after the

cremation process, which may include the residue of any foreign

materials that were cremated with the human remains.

(12) "Cremation" means the irreversible process of

reducing human remains to essential elements, including bone

fragments , through extreme heat and evaporation or through alkaline

hydrolysis. The process [ , which ] may include the processing or the

pulverization of bone fragments.

(13) "Crematory" means a structure containing a

furnace or alkaline hydrolysis vessel used or intended to be used

for the cremation of human remains. The term includes a facility

used to cremate human remains through alkaline hydrolysis.

SECTION 2. Section 716.001(5), Health and Safety Code, is

amended to read as follows:

(5) "Cremation" means the irreversible process of

reducing human remains to essential elements, including bone

fragments , through direct flame, extreme heat, and evaporation or

through alkaline hydrolysis . The term may include pulverization,

which is the process of reducing identifiable bone fragments after

cremation and processing granulated particles by manual or

mechanical means.

SECTION 3. 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) Notwithstanding the provisions of this chapter and

Chapter 651, Occupations Code, the commission may modify cremation

procedures and requirements under Subchapter D to the extent

necessary to allow cremation through alkaline hydrolysis.

SECTION 4. Subchapter D, Chapter 716, Health and Safety

Code, is amended by adding Section 716.1525 to read as follows:

Sec. 716.1525. ALKALINE HYDROLYSIS CREMATION.

Notwithstanding Sections 716.151 and 716.152, the commission by

rule shall establish the requirements for cremation through

alkaline hydrolysis, including rules for the cremation process and

for containers used in the process.

SECTION 5. Section 651.001(3), Occupations Code, is amended

to read as follows:

(3) "Crematory" means a structure containing a furnace

or alkaline hydrolysis vessel used or intended to be used for the

cremation of human remains. The term includes a facility used to

cremate human remains through alkaline hydrolysis.

SECTION 6. Section 651.651(1), Occupations Code, is amended

to read as follows:

(1) "Cremation" means the irreversible process of

reducing human remains to essential elements, including bone

fragments , through direct flame, extreme heat, and evaporation or

through alkaline hydrolysis . The term may include pulverization,

which is the process of reducing identifiable bone fragments after

cremation and processing granulated particles by manual or

mechanical means.

SECTION 7. Not later than December 1, 2025, the Texas

Funeral Service Commission shall adopt rules to implement the

changes in law made by this Act.

SECTION 8. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.