Funeral and Burial Laws in Texas
Funeral and Burial Laws in Texas
Texas law gives families broad flexibility in choosing how to handle the deceased's remains, but there are specific rules you must follow for cremation timing, burial location, and who has legal authority to make decisions. This guide covers every major rule so you can make informed choices without getting blindsided by legal requirements.
Here is what Texas actually requires.
Who Has the Right to Control Disposition
Texas Health and Safety Code Section 711.002 establishes a seven-tier priority list for who has the legal authority to direct the disposition of a body. The person highest on the list who is available and willing to act has control:
- The person designated in a written instrument signed by the decedent (before a notary or two witnesses)
- The decedent's surviving spouse
- Any one of the decedent's surviving adult children
- Either one of the decedent's surviving parents
- Any one of the decedent's surviving adult siblings
- Any one or more duly qualified executors or administrators of the estate
- Any adult person in the next degree of kinship in the order named by law to inherit the estate
If someone on the list cannot be located or refuses to act, authority passes to the next tier. Under Section 711.002(g), a person with authority must arrange for disposition by the earlier of: (1) six days after receiving notice of the death, or (2) ten days after the date of death. If the person fails to act within that window, authority passes to the next eligible person on the list.
Key detail: If you want a specific person - a partner, friend, or someone not on this list - to handle your arrangements, you must sign a written designation before a notary or two witnesses while you are alive. Without that document, the statutory list controls.
Cross-reference: If you are planning ahead, see our End-of-Life Planning Checklist for Texas Residents for the full set of documents you need.
Burial Rules in Texas
Cemetery Burial
Under Texas Health and Safety Code Chapter 711, burials must take place in a dedicated cemetery - a tract of land set aside exclusively for burial purposes. Key requirements:
| Requirement | Detail |
|---|---|
| Depth (standard) | At least 2 feet of earth covering the uppermost part of the casket or container |
| Depth (without outer container) | At least 1.5 feet of earth covering |
| Vault/outer container | Not required by Texas law (individual cemeteries may require one) |
| Time limit | No state-mandated deadline for burial after death, but see embalming rules below |
Home Burial in Texas
Texas permits burial on private property, but with restrictions. The burial site must comply with local county or municipal ordinances, which vary widely. Before burying on private land:
- Check county health department regulations
- Verify there are no deed restrictions or HOA covenants prohibiting it
- The burial must not contaminate water sources
- You will likely need to file a plat or record the burial location with the county to ensure future property owners are aware
- The site effectively becomes a dedicated cemetery under Chapter 711, which limits future land use
There is no state law requiring you to use a funeral home for burial. Families can handle the body themselves.
Cremation Laws in Texas
Texas Health and Safety Code Chapter 716 governs cremation. Here are the rules that matter:
48-Hour Waiting Period
Under Section 716.004, a crematory may not cremate a body until at least 48 hours after death, unless:
- A justice of the peace or medical examiner authorizes earlier cremation, or
- The death occurred from a reportable infectious disease and a health authority orders immediate cremation
This waiting period exists to allow time for investigation if the cause of death is unclear.
Authorization Requirements
Section 716.052 requires written authorization before cremation can proceed. The authorizing agent - the person with disposition authority under Section 711.002 - must sign a cremation authorization form that includes:
- Positive identification of the body
- Authorization for the crematory to proceed
- Instructions for handling the cremated remains
- Disclosure of any pacemaker, prosthetic, or implanted device (these must be removed before cremation due to explosion risk)
Scattering Cremated Remains
Texas does not have a specific statute governing where you can scatter ashes, but general rules apply:
| Location | Rules |
|---|---|
| Uninhabited public land | Generally permitted; avoid parks with specific regulations |
| Waterways | Permitted in Texas waterways; for ocean scattering, EPA requires at least 3 nautical miles from shore (40 CFR 229.1) |
| Private property | Permitted with the property owner's written consent |
| National parks | Requires permission from the National Park Service |
| Cemeteries | Most cemeteries have designated scattering gardens; check with the facility |
You do not need a permit to scatter ashes in Texas.
Green Burial
Green burial is fully legal in Texas. The state does not require:
- Embalming
- A burial vault or outer container
- A casket (a shroud or biodegradable container is acceptable)
A green burial simply means the body is buried in a way that allows natural decomposition. Several Texas cemeteries offer dedicated green burial sections. The body must still meet the depth requirements under Chapter 711.
For families who want the most environmentally minimal option, green burial avoids the chemicals of embalming and the materials of a traditional casket and vault.
Aquamation (Alkaline Hydrolysis)
As of 2026, aquamation is not legal in Texas. Senate Bill 105, which would have authorized alkaline hydrolysis as a legal form of disposition, failed in the 2023 legislative session. Until new legislation passes, this option is unavailable in the state.
If aquamation is important to you, some families arrange for the body to be transported to a state where it is legal (such as Colorado or Minnesota).
Embalming Rules
Texas does not require embalming in any circumstance. However, practical timing rules apply:
Under Texas Administrative Code Title 22, Part 25, if a body is not embalmed within 24 hours of death, the funeral home must either:
- Refrigerate the body
- Place it in a sealed container
- Embalm it
This is not a legal mandate that families must embalm - it is a rule for funeral establishments about proper care. If you are handling arrangements without a funeral home, the same principle applies: keep the body cool or take steps to slow decomposition.
Embalming does not preserve a body permanently. It is primarily for the purpose of allowing an open-casket viewing.
Body Donation Programs in Texas
Texas has several programs that accept whole-body donations for medical education and research. Each has its own requirements and registration process:
| Program | Location | Notes |
|---|---|---|
| UT Southwestern Willed Body Program | Dallas | Accepts pre-registration; some exclusions apply |
| UT Health San Antonio Body Donor Program | San Antonio | Requires pre-registration paperwork |
| Texas A&M College of Medicine | Bryan/College Station | Accepts donors; contact for current criteria |
| UT Medical Branch (UTMB) Willed Body Program | Galveston | Accepts pre-registration |
| Texas Tech University HSC | Lubbock | Accepts anatomical gifts |
| Baylor College of Medicine | Houston | Contact for current program details |
| UNT Health Science Center | Fort Worth | Accepts whole-body donations |
Most programs cover transportation costs within Texas. Registering in advance is strongly recommended - programs can decline donations at the time of death due to capacity, certain medical conditions, or autopsy status.
Body donation is governed by the Uniform Anatomical Gift Act, codified in Texas Health and Safety Code Chapter 692A.
Consumer Rights and Pricing
The FTC Funeral Rule
The Federal Trade Commission's Funeral Rule (16 CFR Part 453) applies to all funeral homes in Texas. It requires:
- General Price List (GPL): Every funeral home must give you a written, itemized price list when you ask in person. They must provide prices by phone if you call.
- Itemized pricing: You can select individual goods and services rather than purchasing a package. The funeral home must list the price for each item separately.
- Third-party caskets: Funeral homes must accept caskets purchased from a third party (such as an online retailer) without charging a handling fee.
- No required purchases: A funeral home cannot tell you that embalming, a casket, or a vault is required by law when it is not.
Texas State Regulation
The Texas Department of Licensing and Regulation (TDLR) regulates funeral homes, embalmers, and crematories under Texas Occupations Code Chapter 651.
Your rights under Texas law include:
- The right to an itemized written statement of all charges before services are provided
- The right to choose only the services and merchandise you want
- The right to make arrangements without a funeral director if you choose to handle disposition yourself
- The right to file a complaint with TDLR if a funeral home engages in deceptive practices
Filing a Complaint
If you believe a funeral home has violated your rights - overcharging, misrepresenting legal requirements, refusing to provide a GPL, or other misconduct - contact:
Texas Department of Licensing and Regulation (TDLR) Phone: 800-803-9202 Online: tdlr.texas.gov
You can also file a complaint with the FTC at ftc.gov/complaint.
Transporting a Body
Texas does not require a funeral director to transport a body. Families can transport remains themselves, though practical considerations apply:
- If crossing state lines, check the receiving state's laws - many require a funeral director to be involved
- Airlines require the body to be embalmed and placed in an approved shipping container
- A death certificate or burial-transit permit should accompany the body during transport
Disinterment
Moving a buried body requires a disinterment permit from the Texas Department of State Health Services (DSHS). Contact a licensed funeral director to initiate the process. The funeral director handles the permit application and coordinates the disinterment.
Frequently Asked Questions
Can I be buried on my own property in Texas?
Yes. Texas allows burial on private property, but you must comply with local county and municipal regulations. The site will effectively become a dedicated cemetery under Chapter 711, which can affect future property use and sale.
Is embalming required in Texas?
No. Texas does not require embalming under any circumstances. However, after 24 hours, a funeral establishment must refrigerate, embalm, or place the body in a sealed container. If you plan a viewing, embalming or refrigeration is practical but not legally mandated.
Can I scatter ashes anywhere in Texas?
You can scatter ashes on uninhabited public land, in waterways, and on private property with the owner's consent. For ocean scattering, federal law requires you to be at least 3 nautical miles from shore.
How long do I have to wait before cremation?
Texas requires a 48-hour waiting period after death before cremation (Section 716.004). A justice of the peace or medical examiner can waive this period.
Is aquamation available in Texas?
No. Alkaline hydrolysis is not legal in Texas as of 2026. SB 105 failed in 2023.
What to Do Next
Kaira organizes every step for your state — deadlines, forms, and next actions — so nothing gets missed. See how it works.
You may also find these guides helpful:
- Texas Funeral Cost Guide - what things actually cost and how to compare prices
- End-of-Life Planning Checklist for Texas Residents - get your documents in order now
Disclaimer: This article provides general legal information about Texas funeral and burial laws. It is not legal advice. Laws change, and local ordinances may impose additional requirements. Consult a licensed attorney or your county clerk for guidance specific to your situation.
Sources: Texas Health and Safety Code Chapters 692A, 711, 716; Texas Occupations Code Chapter 651; Texas Administrative Code Title 22, Part 25; FTC Funeral Rule 16 CFR Part 453; EPA regulations 40 CFR 229.1.