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.
Added by Acts 2023, 88th Leg., R.S., Ch. 474 (H.B. 587), Sec. 2, eff. September 1, 2023.