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FACT BRIEF

Fact brief: Is water cremation illegal in Texas?

By Ella Scott-Dean
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YES

Water cremation, a method for cremating bodies also known as alkaline hydrolysis, is not listed as a legal form of cremation under Texas state law. 

The process uses water, alkaline chemicals and heat to accelerate natural decomposition. Water cremation is considered more environmentally friendly than cremation or burial as it uses less fuel and has a lower carbon footprint.

Texas Senate Bill 105 was filed Nov. 14, 2022, to include the cremation of human remains by alkaline hydrolysis into the state’s Health and Safety Code, but was left pending in committee.

Water cremation is currently legal in 26 states, with active practitioners in 15. 

The conversation of legalizing water cremation resurfaced with Texas Funeral Service Commission’s Nov. 1 cease and desist letter to the University of North Texas Health Science Center at Fort Worth, which used the process to dispose of bodies donated for research.

This fact brief is responsive to conversations such as this one.
Sources
Texas Health and Safety Code Chapter 716 Crematories
Texas Legislature Online Senate Bill 105
Cremation Association of North America Alkaline Hydrolysis
Texas Funeral Service Commission UNT cease and desist
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Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.