Texas Administrative Code
Title 25 - HEALTH SERVICES
Part 1 - DEPARTMENT OF STATE HEALTH SERVICES
Chapter 181 - VITAL STATISTICS
Subchapter A - MISCELLANEOUS PROVISIONS
Section 181.2 - Assuming Custody of Body
Current through Reg. 49, No. 38; September 20, 2024
(a) The funeral director, or person acting as such, who assumes custody of a dead body or fetus shall obtain an electronically filed report of death through a Vital Statistics Section system or complete a report of death before transporting the body. The report of death shall within 24 hours be mailed or otherwise transmitted to the Local Registrar of the district in which the death occurred or in which the body was found. A copy of the completed or electronically filed report of death as prescribed by the Vital Statistics Section shall serve as authority to transport or bury the body or fetus within this state.
(b) If a dead body or fetus is to be removed from this state, transported by common carrier within this state, or cremated, the funeral director, or person acting as such, shall obtain a burial-transit permit from the Local Registrar where the death certificate is or will be filed, or from the State Registrar electronically through a Vital Statistics Section electronic death registration system. The registrar shall not issue a burial-transit permit until a certificate of death, completed in so far as possible, has been presented (See § 181.6 of this title (relating to Disinterment)).
(c) The funeral director, or person acting as such, shall furnish the sexton or other person in charge of a cemetery with the information required.
(d) If a county elects to expedite death certificates pursuant to Texas Health and Safety Code § 193.0025, the funeral director, or person acting as such, who assumes custody of the dead body or fetus will work with the Local Registrar to ensure that a copy of the decedent's death certificate is issued to the requestor not later than 48 hours after the requestor's request if all statutory requirements are met. The department, using existing resources and programs to the extent possible, shall provide technical support.
