Death is a natural part of life, but funeral services can be complicated. Funeral laws are similar across the country, but each state has its own nuances. And sometimes there are big differences from state-to-state.
Whether you’re a resident of Texas or a loved one died in the state, you’ll need to know the basics of the death care system. So we put together this overview of all the Texas funeral service essentials. You can use it as a go-to resource for getting started.
Laws Regarding Death Care Are in the Texas State Statutes
If you want to know the exact laws and regulations governing cremation, funeral homes, funeral directors and funeral services in Texas that information can be found in Chapter 651 of the state statutes. There are definitions that make terminology clear, an explanation of the cremation regulations, clarification on what training is needed for funeral directors and much more. There are even regulations for body donation programs.
Keep in mind, all states must also follow the Federal Trade Commission’s Funeral
Rule regulations. These rules primarily govern what information a funeral home must disclose, particularly in regards to the cost of funeral services. Every funeral home must provide customers with a general price list with all of the costs itemized.
Disposition Options Can Be Limited
Texas isn’t known for being the state with the most disposition options. Cremation.Green has been a driving force behind the effort to expand disposition freedom in Texas so that families have more safe services to choose from. While bills have come before the state legislature a few times, and the benefits of services like water cremation have been acknowledged, legislators have failed to advance any legislation on the matter.
However, that doesn’t mean eco-friendly funeral services like aquamation and natural organic reduction aren’t possible. We work with funeral homes in nearby states to arrange both types of services. Until Texas approves these safe, environmentally friendly disposition options, partnering with out-of-state funeral homes is the best we can do for the families we serve.
Texas Medical Examiners Determine Cause of Death
In Texas, whenever a cause of death is unknown or questionable the local medical examiner’s office is called in to investigate. Most of the time “investigating” simply means doing a visual examination of the body, looking at medical records and analyzing reports related to the death or discovery of the body. That’s often enough to determine the cause of death so that the body can be released to a funeral home.
But sometimes an autopsy is needed. If that’s the case, the medical examiner’s office will handle that too. They may also perform a toxicology report or take tissue samples for further analysis. Even though these tests can take weeks to complete, usually the body is released to the family much sooner.
Having to correspond with the medical examiner’s office on top of everything else can be extremely stressful. You can ease the burden by reaching out to a local funeral home who can help coordinate with the medical examiner’s office and arrange transport.
You Can Perform Natural Burial in a Lot of Places in Texas
Texas may not allow all forms of disposition yet, but the options for natural burial are pretty expansive. You aren’t limited to traditional cemeteries, especially if you are planning a burial around one of the major metros.
In Texas it actually isn’t that difficult to bury a loved one on private property, as long as you get the property owners permission and follow any local regulations that may apply. Today there are also green cemeteries that only provide natural burial services so long as the body isn’t embalmed and only natural materials are buried.
There are also a few conservation cemeteries. A conservation cemetery aims to restore or conserve land by making as minimal an impact as possible. That typically means even headstones aren’t put in place and only natural markers are used to identify the burial location.
You Have to Wait 48 Hours to Perform a Cremation
Things may move quickly, but you can’t rush cremation in Texas. There are state laws that prohibit cremation within 48 hours of a death. The only way to circumvent the 48-hour wait is to get written approval from a state medical examiner or justice of the peace. You may also be able to get a court order allowing an early cremation.
During that 48-hour holding period you’ll need to get a cremation authorization form completed. That too is necessary to perform a cremation in Texas. But before you can get the cremation authorization form you need to have a signed death certificate. Your funeral home can help you with all of these paperwork technicalities during the first few days after the death. That way everything is ready to go once the 48-hour waiting period is complete.
Embalming is Never Required
Despite what many people think, embalming is not required in Texas no matter what type of disposition you choose. In fact, embalming isn’t required at all anywhere because there are other safer ways to preserve the body, and that preservation a requirement in the Lone Star State.
Preservation of the body is required by law if disposition won’t happen for at least 24 hours, which will be the case with cremation because of the 48-hour waiting period. But instead of embalming you can choose to use refrigeration or the body can be placed in a sealed container that’s approved for holding bodies. This step is taken not necessarily to preserve the body but to prevent the possible spread of disease.
The experts at Cremation.Green are the ultimate resource about everything related to the Texas death care system. We work within it every day and are activists who are working with legislators to improve the system for everyone.
If you have any questions about funeral services in Texas, please give us a call, text or email whenever is most convenient for you.
