Texas funeral law, in plain English.

Who regulates funeral services in Texas?

The Texas Funeral Service Commission (TFSC) licenses and regulates funeral homes, funeral directors, and crematories. Every provider you consider should display a current TFSC license. our license number is listed in our footer.

The 48-hour waiting period

Texas law (Health and Safety Code § 716.004) requires a minimum 48-hour waiting period between the time of death and cremation. This protects against premature cremation in cases where the cause of death may be reviewed. Limited exceptions exist for religious reasons (particularly for Jewish and Muslim families) and can be applied for through the TFSC.

Who can authorize a cremation?

Texas law establishes a priority order for authorizing cremation:

1. The decedent's own written directive (if one exists)
2. The surviving spouse
3. The decedent's adult children (majority decision required)
4. The decedent's parents
5. The decedent's adult siblings
6. An appointed executor or agent

The FTC Funeral Rule

The federal Funeral Rule (16 CFR Part 453) requires funeral homes to provide a General Price List (GPL) to anyone who asks — in person or over the phone. The GPL must itemize every service offered. Vargas-London publishes our GPL on our pricing page.

What must happen before cremation?

• The death certificate must be signed by an attending physician (or the medical examiner, if applicable)
• Cremation authorization must be signed by the legal next of kin
• A cremation permit must be issued by the local registrar
• The 48-hour waiting period must pass
• The body must be identified before being placed in the cremation chamber

What is NOT required in Texas?

• Embalming is not legally required for cremation or immediate burial
• A casket is not required for cremation — only a combustible cremation container
• A vault is not legally required, though some cemeteries require one