Texas funeral law, in plain English.

Legal review by

Reggie London, J.D., Licensed Texas Attorney & Co-Founder

Reviewed for legal accuracy · Updated August 15, 2026

Who regulates funeral services in Texas?

The Texas Funeral Service Commission (TFSC) licenses and regulates funeral establishments, funeral directors, embalmers, and crematories in Texas. Its rules are codified in Title 22 of the Texas Administrative Code, Chapter 203, and are drawn from the underlying statutes in the Texas Occupations Code Chapter 651. Every provider you consider should hold a current TFSC license, and consumers can verify any licensee at tfsc.texas.gov. Vargas-London operates with a Texas Licensed Funeral Director (TFSC #119648) on staff; we operate under TFSC Establishment License No. 4964.

Embalming is not legally required

One of the most common misunderstandings families have is that Texas law forces embalming. It does not. Under 22 TAC § 203.45, if final disposition does not occur within 24 hours after death or release from a medical facility, the body must be either refrigerated at or below 40°F or embalmed. Refrigeration alone fully satisfies the rule. This means a family that chooses direct cremation, immediate burial, or a graveside service on a short timeline can decline embalming entirely and still comply with state law. The FTC also prohibits any funeral provider from telling a family that embalming is required by state law when it is not (16 C.F.R. § 453.3(a)).

Texas Health & Safety Code Chapter 716 — cremation

Texas Health & Safety Code Chapter 716 governs crematories and the cremation process itself. The two provisions families ask about most often are:

• § 716.054 — 48-hour waiting period. A crematory may not cremate human remains before 48 hours have elapsed from the time of death, unless a waiver is granted (typically for religious observance, most often for Muslim or Jewish families).
• § 716.152 — Cremation authorization. Written authorization from the legal "authorizing agent" (the person with the statutory right to control disposition under Health & Safety Code § 711.002) is required before any cremation may proceed.

The chapter also requires positive identification of the decedent, a signed death certificate on file with the local registrar, and — for out-of-county cremations — a burial-transit permit.

Who can authorize cremation or disposition?

Health & Safety Code § 711.002 sets a priority order for the person with legal authority to direct disposition:

1. The decedent, through a written directive or a designated agent appointed on Texas Department of State Health Services Form VS-115
2. The surviving spouse
3. The decedent's adult children (majority decision if there is more than one)
4. The decedent's parents
5. The decedent's adult siblings
6. The person acting as executor or personal representative of the estate

The FTC Funeral Rule — 16 C.F.R. Part 453

Federal law layers on top of Texas law. The FTC Funeral Rule (16 C.F.R. Part 453) gives every family the same core rights nationwide:

• General Price List (GPL). Under § 453.2(b)(4), a funeral provider must give a printed General Price List to any person who inquires about funeral arrangements in person, so the family can keep it. Vargas-London also publishes our full GPL online on our pricing page.
• Casket and outer-burial-container price lists must be shown before any prices for those items are discussed (§ 453.2(b)(2)–(3)).
• Telephone price disclosures. A funeral home must readily give price information over the phone if asked (§ 453.2(b)(1)).
• Itemized Statement of Funeral Goods and Services Selected must be provided before the family is required to pay, so charges can be reviewed line by line (§ 453.2(b)(5)).
• No casket required for cremation. Under § 453.4(a)(2), a funeral home cannot condition cremation on the purchase of a casket. Families may choose an alternative cremation container — typically an unfinished wood or heavy cardboard enclosure — at a fraction of the price.
• Misrepresentation is prohibited. Providers may not misrepresent legal, cemetery, or crematory requirements (§ 453.3).

What Texas does not require

• Embalming is not legally required for cremation or immediate burial (refrigeration satisfies 22 TAC § 203.45).
• A casket is not required for cremation — an alternative cremation container is sufficient.
• A burial vault or grave liner is not required by Texas state law; however, individual cemeteries may require one as a matter of private cemetery policy.
• A specific service package. Families may decline any service they do not want (§ 453.4(b)); the GPL is meant to be selected from à la carte.