Aquamation is legal in Texas. A 2023 amendment to the Health and Safety Code brought alkaline hydrolysis inside the legal definition of cremation, so Texans can choose this water-based process for a loved one’s remains, or arrange it for themselves in advance. Because the law treats aquamation as a form of cremation, the same authorization rules, waiting period, and family-authority rules apply.
What Changed in Texas Law
The legalization took effect September 1, 2023. House Bill 2895 amended Section 711.001 of the Health and Safety Code so that “cremation” now means the irreversible process of reducing human remains to bone fragments through either extreme heat and evaporation or alkaline hydrolysis.1Texas Legislature Online. Texas Health and Safety Code – HB 2895 The definition of “crematory” was updated in the same amendment to include a facility that uses an alkaline hydrolysis vessel rather than only a traditional furnace.
The practical effect is broad. Every Texas statute and regulation that already governed cremation now governs aquamation too, without any separate framework. Authorization forms, handling of remains, family rights, and disposition rules all carry over. Texas is one of roughly 28 states that have legalized the process in some form.
Who Has the Right to Choose Aquamation
Texas Health and Safety Code Section 711.002 sets out who controls what happens to a person’s remains. Written instructions or a designation made in advance come first. If none exists, the right passes in this order: surviving spouse, adult children, surviving parents, then adult siblings.2State of Texas. Texas Health and Safety Code Chapter 711 When people at the same level of priority disagree, a majority decision within that group governs.
If aquamation is what you want and your next of kin might resist, the reliable move is to put it in writing before it becomes anyone else’s decision. A funeral planning declaration or a provision in your will, naming a specific agent to carry out your wishes, is what makes the preference enforceable.
Authorization and the 48-Hour Waiting Period
Because aquamation is legally a form of cremation, it requires a signed cremation authorization form from the person with legal authority over the remains. Texas also imposes a 48-hour waiting period measured from the time of death listed on the death certificate. The process cannot begin before that window closes unless a justice of the peace in the county where the death occurred, or a court, waives the requirement in writing.3Legal Information Institute. 22 Texas Administrative Code 205.7 – Waiting Period for Cremation
When a death falls under the jurisdiction of a medical examiner or justice of the peace, that office may need to sign off before cremation authorization is issued. The funeral home coordinates this, but families should expect it to add time.
Arranging Aquamation in Texas
Availability is still the biggest practical hurdle. Not many Texas funeral homes have invested in alkaline hydrolysis equipment, so families often have to look beyond their immediate area. Some providers serve multiple cities by partnering with local funeral homes for transportation. Call directly and ask whether they offer the service, what their turnaround is, how they price it, and whether transportation is a separate charge when the vessel is not local.
Once a provider is chosen, the funeral home walks the family through the paperwork: the cremation authorization form, the information needed for the death certificate, and choices about the container for the returned remains. The funeral director files the death report with the local registrar within 24 hours and coordinates the death certificate with the certifying physician.4Texas Department of State Health Services. Death Registration Handbook
For pre-planning, a funeral planning declaration lets you document the choice of aquamation and name the agent who will see it through. Share the document with that agent and the funeral home you have selected. Pre-need contracts that lock in pricing may also be available depending on the provider.
What You Can Do With the Remains
Aquamation returns a fine white powder made of processed bone mineral. Families receive 20 to 30 percent more remains by volume than they would from flame cremation. Once returned, the remains are treated the same as cremated remains under Texas law, and families have several options.
Scattering in Texas
Texas Health and Safety Code Section 716.304 permits scattering cremated remains over uninhabited public land, over a public waterway or the sea, or on private property with the owner’s consent. If the remains are in a non-biodegradable container, they must be removed from the container before scattering.5State of Texas. Texas Health and Safety Code 716-304 No permit is required for scattering on uninhabited public land, but “uninhabited” does the work in that sentence. A state park, a developed recreational area, or anywhere people regularly gather would not qualify.
Scattering in a national park requires a special use permit from the National Park Service. Each park sets its own conditions. Common requirements include staying at least 100 feet from any waterway, avoiding developed areas like trails and campgrounds, spreading the remains over a wide area, and leaving no markers behind.6National Park Service. Scattering Cremated Remains Permits – Gulf Islands National Seashore
Scattering at Sea
Federal law requires that remains scattered in ocean waters be placed at least three nautical miles from shore. Notify the EPA within 30 days using its online Burial at Sea reporting tool.7Environmental Protection Agency. Burial at Sea Charter services along the Texas Gulf Coast handle this routinely, and going through one is usually easier than meeting the distance rule on your own.
Shipping and Flying With Remains
If remains need to travel by mail, the U.S. Postal Service requires Priority Mail Express and sells specific box kits for the purpose.8United States Postal Service. Shipping Cremated Remains and Ashes FedEx and UPS also accept cremated remains under their own packaging rules.
For air travel, the TSA allows cremated remains in both carry-on and checked bags, though carry-on is safer because some airlines restrict them from checked luggage. The container must be made of a material that allows X-ray screening, such as wood, plastic, or cardboard. Metal urns often block the X-ray, and if the officer cannot verify the contents, the container will not clear the checkpoint. TSA officers will not open a cremation container, even if you ask them to.9Transportation Security Administration. Cremated Remains Carrying the death certificate and cremation paperwork is not required, but it can resolve questions if airline staff or a connecting airport asks.