Texas Health and Safety Code 716.003 – Location of Crematory
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(a) A crematory may be constructed on or adjacent to a perpetual care cemetery or adjacent to a funeral establishment.
(b) A crematory, other than a crematory registered with the commission on September 1, 2003, must:
(1) be adjacent to a perpetual care cemetery or funeral establishment; and
(2) be owned or operated by the person that owns or operates the perpetual care cemetery or funeral establishment.
Terms Used In Texas Health and Safety Code 716.003
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
(c) In this section, “adjacent to” means that a part of the property on which the crematory is to be constructed has a common boundary with:
(1) the perpetual care cemetery or property on which the funeral establishment is located; or
(2) a public easement, a utility easement, or a railroad right-of-way that has a common boundary with the perpetual care cemetery or property on which the funeral establishment is located.