1. (a) Health and Safety Code §716.051 provides that a crematory may cremate deceased human remains upon receipt of a cremation authorization form signed an authorizing agent and either a death certificate or other death record issued by a local registrar reflecting that the deceased human remains may be cremated.

2. (b) As a practical matter, however, three documents are required to accomplish the cremation of deceased human remains:

   1. (1) a cremation authorization form;
   2. (2) a death certificate; and
   3. (3) a burial transit permit.
3. (c) The Department of State Health Services (DSHS) remains authorized to regulate the transportation of dead bodies under Health and Safety Code, §694.001. DSHS 25 TAC §181.2 (relating to Assuming Custody of Body) requires a funeral director or person acting as such to obtain a burial-transit permit from the local registrar if a body is to be cremated.

Source Note:The provisions of this §205.11 adopted to be effective October 11, 2004, 29 TexReg 9534.